Today's Law As Amended

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AB-2352 Elections: reportable events.(2017-2018)

As Amends the Law Today

 The Legislature finds and declares all of the following:
(a) A fair, accessible, and equitable electoral process is central to our democracy.
(b) Each county’s registrar of voters administers the federal, state, and local elections.
(c) Errors related to the electoral process can be detrimental to our democracy and each registrar of voters should be accountable for their policies and procedures.
(d) Appropriate measures should be taken to avoid electoral process errors as much as possible.
(e) Keeping the public’s faith in a fair, accessible, and equitable electoral process is of utmost importance.
(f) A recent report by the State Auditor indicates that processing errors in the County of Santa Clara might have been avoidable.
(g) It is vital that other counties learn from the errors that occurred in the County of Santa Clara and take the appropriate steps to avoid making similar errors that jeopardize the integrity of the electoral process.

SEC. 2.

 Section 10002 of the Elections Code is amended to read:

 (a)  (1)  The governing body of any city or district may by resolution request the board of supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election. Subject to approval of the board of supervisors, these services shall be performed by the county elections official.
(2)  The resolution of the governing body of the city or district shall specify the services requested.
Any (3)  A  city that requests the board of supervisors to permit the elections official to prepare the city’s election materials shall, if the board of supervisors agrees to provide such services, supply the county elections official with a list of its precincts, or consolidated precincts, as applicable, no later than 61 days before the election.
(4) A jurisdiction at the time that it requests that the county conduct an election on its behalf pursuant to this section shall provide the county elections official both of the following:
(A) The boundaries of the jurisdiction.
(B) Any districts within the jurisdiction.
(b)  Unless other arrangements satisfactory to the county have been made, the city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district.

SEC. 3.

 Section 15506 is added to the Elections Code, to read:

 The Secretary of State shall do all of the following:
(a) Promulgate regulations by January 1, 2020, establishing which events in election administration constitute “reportable events.” The regulations shall be consistent with all of the following:
(1) A “reportable event” must affect at least 100 individuals or 0.01 percent of the registered voters, whichever is greater.
(2) A “reportable event” includes, but is not limited to, instances when a voter is provided election-related materials from a county elections official that is incorrect or incomplete. For the purpose of this paragraph, “election-related materials” includes, but is not limited to, ballots, voter rolls, sample ballots, voter information guides, and polling place notifications that are sent to a voter by mail, e-mail, or text.
(3) A “reportable event” is not a minor or technical typographical or formatting error, as determined by the Secretary of State.
(b) Require county elections officials to submit specified information about reportable events to the Secretary of State within a prescribed time.
(c) Review submitted information about reportable events and issue appropriate guidance to address those events, if necessary.

SEC. 4.

 Section 17507 is added to the Elections Code, to read:

 A county elections official shall document reportable events, consistent with Section 15506, and shall submit specified information about these events to the Secretary of State, after each election, as required.
SEC. 5.
 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.