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AB-257 Elections: reporting irregularities.(2009-2010)

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AB257:v96#DOCUMENT

Amended  IN  Assembly  May 06, 2009
Amended  IN  Assembly  April 20, 2009
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill No. 257


Introduced  by  Assembly Member Adams

February 11, 2009


An act to add Section 16001 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 257, as amended, Adams. Elections: reporting irregularities.
Existing law provides procedures and requirements for contesting the results of an election.
This bill would require the Secretary of State to establish a uniform report that elections officials would use to document election day incidents and voting irregularities that could be used in contested elections.
Because this bill would change or expand the duties of local elections officials, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16001 is added to the Elections Code, to read:

16001.
 (a) The Secretary of State shall establish a uniform reporting format to collect information from county elections officials relating to election day incidents and irregularities that occur during the casting of ballots in a regularly scheduled statewide election.
(b) For purposes of this section, “election day incidents and irregularities” includes documented complaints or reports of any of the following:
(1) Voter fraud.
(2) Voter intimidation.
(3) The failure, malfunction, or improper usage or operation of either an electronic voting machine or a paper ballot, whether cast by mail or at a polling place.
(4) Incidents resulting in voter disenfranchisement.
(c) The Secretary of State shall make the reports submitted by county elections officials pursuant to subdivision (a) publicly available on his or her Internet Web site.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.