Bill Text: CA SB439 | 2015-2016 | Regular Session | Chaptered
Bill Title: Election procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State. Chapter 734, Statutes of 2015. [SB439 Detail]
Download: California-2015-SB439-Chaptered.html
BILL NUMBER: SB 439 CHAPTERED
BILL TEXT
CHAPTER 734
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 4, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY JUNE 11, 2015
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Allen
FEBRUARY 25, 2015
An act to amend Sections 2170 and 13004 of, and to add Sections
303.4, 2550, and 13004.5 to, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 439, Allen. Election procedures.
(1) Existing law permits a county elections official to offer
conditional voter registration and provisional voting on election day
at satellite offices of the county elections office, as specified.
This bill would also allow a county elections official to offer
conditional voter registration and provisional voting at satellite
offices other than on election day.
(2) Existing law requires each precinct board to keep a roster of
voters who voted at the precinct, as specified. Existing law also
requires an elections official to furnish to the precinct officers,
among other things, printed copies of the index to the affidavits of
registration for that precinct.
This bill would require the Secretary of State to adopt and
publish electronic poll book standards and regulations governing the
certification and use of electronic poll books, as defined. The bill
would require that the electronic poll book include specified voter
registration data. The bill would prohibit the use of an electronic
poll book unless it has been certified by the secretary.
(3) Existing law requires the secretary to adopt regulations (A)
governing the manufacture, finishing, quality standards,
distribution, and inventory control of ballot cards and (B) requiring
the biennial inspection of the manufacturing, finishing, and storage
facilities involving ballot cards. Existing law requires the
secretary to also approve each ballot card manufacturer or finisher
before a manufacturer or finisher provides ballot cards for use in
California elections.
This bill would require the secretary to adopt regulations (A)
governing ballot on demand systems, as defined, and (B) for purposes
of certifying ballot on demand systems. The bill, for commercial
ballot manufacturers and finishers, would require the secretary to
require a biennial inspection of the certified manufacturing,
finishing, and storage facilities. The bill would also require the
secretary to approve each ballot on demand system before the system
is deployed for use in California elections. The bill would prohibit
a jurisdiction from purchasing, leasing, or contracting for, and a
vendor, company, or person from selling, leasing, or contracting with
a jurisdiction for, a ballot on demand system unless the ballot on
demand system has been certified by the secretary.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 303.4 is added to the Elections Code, to read:
303.4. "Ballot on demand system" means a self-contained system
that allows users to do both of the following on an as-needed basis:
(a) Manufacture and finish card stock.
(b) Finish unfinished ballot cards into ballot cards.
SEC. 2. Section 2170 of the Elections Code is amended to read:
2170. (a) "Conditional voter registration" means a properly
executed affidavit of registration that is delivered by the
registrant to the county elections official during the 14 days
immediately preceding an election or on election day and which may be
deemed effective pursuant to this article after the elections
official processes the affidavit, determines the registrant's
eligibility to register, and validates the registrant's information,
as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by
this code, an elector who is otherwise qualified to register to vote
under this code and Section 2 of Article II of the California
Constitution may complete a conditional voter registration and cast a
provisional ballot during the 14 days immediately preceding an
election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective
if the county elections official is able to determine before or
during the canvass period for the election that the registrant is
eligible to register to vote and that the information provided by the
registrant on the registration affidavit matches information
contained in a database maintained by the Department of Motor
Vehicles or the federal Social Security Administration.
(2) If the information provided by the registrant on the
registration affidavit cannot be verified pursuant to paragraph (1)
but the registrant is otherwise eligible to vote, the registrant
shall be issued a unique identification number pursuant to Section
2150 and the conditional voter registration shall be deemed
effective.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with all of the following procedures:
(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.
(2) The elections official shall advise registrants that a
conditional voter registration will be effective only if the
registrant is determined to be eligible to register to vote for the
election and the information provided by the registrant on the
registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and offer and receive a
corresponding provisional ballot in a manner that protects the
secrecy of the ballot and allows the elections official to process
the registration, determine the registrant's eligibility to register,
and validate the registrant's information before counting or
rejecting the corresponding provisional ballot.
(4) After receiving a conditional voter registration, the
elections official shall process the registration, determine the
registrant's eligibility to register, and attempt to validate the
registrant's information.
(5) If a conditional registration is deemed effective, the
elections official shall include the corresponding provisional ballot
in the official canvass.
(e) The county elections official may offer conditional voter
registration and provisional voting pursuant to this article at
satellite offices of the county elections office, in accordance with
the procedures specified in paragraphs (2) to (5), inclusive, of
subdivision (d).
SEC. 3. Section 2550 is added to the Elections Code, to read:
2550. (a) For purposes of this section, "electronic poll book"
means an electronic list of registered voters that may be transported
to the polling location. An electronic poll book shall contain all
of the following voter registration data:
(1) Name.
(2) Address.
(3) Precinct.
(4) Party preference.
(5) Whether or not the voter has been issued a vote by mail
ballot.
(6) Whether or not the vote by mail ballot has been recorded as
received by the elections official.
(b) An electronic poll book shall not be used unless it has been
certified by the Secretary of State.
(c) The Secretary of State shall adopt and publish electronic poll
book standards and regulations governing the certification and use
of electronic poll books.
(d) The Secretary of State shall not certify an electronic poll
book unless it fulfills the requirements of this section and the
Secretary of State's standards and regulations.
SEC. 4. Section 13004 of the Elections Code is amended to read:
13004. (a) The Secretary of State shall adopt regulations
governing the manufacture, finishing, quality standards,
distribution, and inventory control of ballot cards and ballot on
demand systems. For commercial ballot manufacturers and finishers,
the Secretary of State shall require a biennial inspection of the
certified manufacturing, finishing, and storage facilities. The
Secretary of State shall also approve each ballot card manufacturer,
finisher, and ballot on demand system before manufacturing or
finishing ballot cards, or deploying a ballot on demand system, for
use in California elections.
(b) Not later than five working days before the Secretary of State
begins his or her initial inspection, the ballot card manufacturer,
finisher, or ballot on demand system vendor shall disclose to the
Secretary of State in writing any known flaw or defect in its ballot
card manufacturing or finishing process, manufactured or finished
ballot cards, or ballot on demand system that could adversely affect
the future casting or tallying of votes. Once approved by the
Secretary of State, the ballot card manufacturer, finisher, or ballot
on demand system vendor shall notify the Secretary of State and the
affected local elections officials in writing within two business
days after it discovers any flaw or defect in its ballot card
manufacturing or finishing process, manufactured or finished ballot
cards, or ballot on demand system that could adversely affect the
future casting or tallying of votes.
SEC. 5. Section 13004.5 is added to the Elections Code, to read:
13004.5. (a) A jurisdiction shall not purchase, lease, or
contract for a ballot on demand system unless the ballot on demand
system has been certified by the Secretary of State.
(b) A vendor, company, or person shall not sell, lease, or
contract with a jurisdiction for the use of a ballot on demand system
unless the ballot on demand system has been certified by the
Secretary of State.
(c) This section does not preclude a jurisdiction from conducting
research and development of a ballot on demand system. A ballot on
demand system that is used for purposes of this subdivision shall not
be used in an election conducted pursuant to this code unless the
system has been certified by the Secretary of State.
(d) The Secretary of State shall promulgate regulations for
purposes of certifying ballot on demand systems.
