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AB-2797 Elections: voter registration and ballots.(2009-2010)

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AB2797:v95#DOCUMENT

Assembly Bill No. 2797
CHAPTER 402

An act to amend Sections 302, 2130, 15281, 19370, 19380, and 19384 of the Elections Code, relating to elections.

[ Approved by Governor  September 25, 2010. Filed with Secretary of State  September 27, 2010. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2797, Committee on Elections and Redistricting. Elections: voter registration and ballots.
(1) Existing law requires the Controller to allocate and disburse to counties, from moneys appropriated by the Legislature, amounts necessary to reimburse the counties for costs incurred in complying with voter registration provisions, as specified. Under existing law, counties are required to submit to the Controller claims for those amounts by October 31 in the year following the fiscal year in which the costs were incurred.
This bill would instead require counties to submit the claims to the Controller by February 15 in the year following the fiscal year in which the costs were incurred.
(2) Existing law requires a precinct board to post, outside of each precinct and polling place, the results of the vote cast at that precinct or polling place for at least 48 hours after the polls are closed.
This bill would exempt from this requirement precincts or polling places where 10 or fewer voters cast their ballots on a machine that keeps vote tallies and would instead require that the precinct board post only the total number of voters at that precinct or polling place.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 302 of the Elections Code is amended to read:

302.
 “Ballot card” means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain proper blank spaces to allow the voter to write in names not printed on the ballot unless a separate write-in ballot is used. The separate write-in ballot may be a paper ballot, a card, or the envelope used to enclose a ballot card. Determination of the format of a separate write-in ballot shall be within the discretion of the elections board. The separate write-in ballot shall provide a blank space followed by the word “office” and a second blank space followed by the word “name” for purposes of facilitating write-in votes for offices for which write-in votes may be cast, or may provide a space for writing in the name followed by a space for punching or slotting in order that the vote may be tabulated. All separate write-in ballots may, in the discretion of the elections board, have attached thereto two stubs that comply with Section 13261 regarding the stubs attached to a ballot card, except that the information required under subdivisions (c) to (g), inclusive, of Section 13261 and instructions to voters on how to vote for persons whose names do not appear on the ballot may be printed on the write-in ballot and not upon a stub. Any serial numbers appearing on the write-in ballot stubs need not be identical to the serial numbers appearing on the stubs attached to the ballot card or cards handed to the voter. Sections 13002 to 13007, inclusive, shall not apply to the preparation and composition of separate write-in ballots authorized by this section. Sections 14403 and 14404 shall not apply to separate write-in ballots used in an election in which a punchcard voting system is used.

SEC. 2.

 Section 2130 of the Elections Code is amended to read:

2130.
 From moneys appropriated by the Legislature, the Controller shall allocate and disburse to the counties the amounts necessary to reimburse them for net costs incurred by them in complying with the voter registration provisions, including the provisions authorizing voter registration by mail and voter outreach programs, as set forth in Chapter 704 of the Statutes of 1975, as amended. The Secretary of State, in consultation with the Controller, shall develop a formula for the reimbursement of these costs. The Controller shall prescribe the forms for filing claims pursuant to this section. These claims shall be submitted to the Controller by February 15 in the year following the fiscal year in which the costs were incurred.

SEC. 3.

 Section 15281 of the Elections Code is amended to read:

15281.
 The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the result of the votes cast. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls. To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots and the precinct board tallies the results at the precinct, the precinct board shall post only the total number of people who voted at the precinct.

SEC. 4.

 Section 19370 of the Elections Code is amended to read:

19370.
 As soon as the polls are closed, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and open the counting compartments, giving full view of all counter numbers. A board member shall, in the order of the offices as their titles are arranged on the machine, read and distinctly announce the name or designating number and letter on each counter for each candidate’s name and the result as shown by the counter numbers. He or she shall also in the same manner announce the vote on each measure.
If the machine is provided with a recording device, in lieu of opening the counter compartment, the precinct board shall proceed to operate the mechanism to produce the statement of return of votes cast record in a minimum of three copies, remove the irregular ballot, if any, record on the statement of return of votes cast record. The irregular ballot shall be attached to the statement of result record of votes cast for the machine and become a part thereof. One copy of the statement of return of votes cast for each machine shall be posted upon the outside wall of the precinct for all to see. To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots on any single machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted at that precinct on the machine that keeps vote tallies. The statement of return of votes cast for each machine for the precinct shall constitute the precinct statement of result of votes cast.

SEC. 5.

 Section 19380 of the Elections Code is amended to read:

19380.
 During the reading of the result of votes cast, any candidate or watcher who may desire to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the precinct board who shall read the name of each candidate, or the designating number and letter of his or her counter, and the vote registered on the counter. The board shall also read the vote cast for and against each measure submitted. The board shall not count votes cast for write-in candidates, but shall have these counted by the elections official. During the proclamation ample opportunity shall be given to any person lawfully present to compare the result so announced with the counter dials of the machine, and any necessary corrections shall then and there be made by the precinct board, after which the doors of the voting machine shall be closed and locked.
To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 votes are cast on any single machine on which the results are tallied at the precinct, the precinct board shall read only the total number of people who voted at the precinct on the machine that keeps vote tallies.
If the machine is provided with a recording device, the alternate procedures in Section 19370 may be used.

SEC. 6.

 Section 19384 of the Elections Code is amended to read:

19384.
 The precinct board shall, before it adjourns, post conspicuously on the outside of the polling place a copy of the result of the votes cast at the polling place. The copy of the result shall be signed by the members of the precinct board. To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots on any single machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted at that precinct on the machine that keeps vote tallies.
If the machine is provided with a recording device, the statement of result of votes cast produced by operating its mechanism may be considered the “result of the votes cast” at the polling place.