PROPOSED CALIFORNIA ELECTION CODE CHANGES
1/24/2008
MISCELLANEOUS CHANGES
Questions:
Jerry Berkman, (510)547-0985, jerry@berkeley.edu
Michelle Gabriel, (510)444-4370, mwg@jmbaai.com
Jim Soper, (510)285-4857, somethoughts@aol.com
Summary:
301: Change definition of ballot for electronic voting machine
317.5: Define early voting
2203.(a): Specify logging who performs a cancellation of a registration
2203.5: Require advanced notification of masses of cancellations
3017: Restrict outsourcing ballot processing; specify handling of insufficient postage
3019: Rules for signature matching of vote by mail ballots
11324: Change sample ballot mailing from 10 to 21 days prior to recall election
14216.5: Notify voters of right to paper ballots
15261: Post locations of counting centers on web.
15273: Allow multiple counting boards in a precinct.
15274: Allow inspector to swear in citizens to help counting in precinct.
19363: Delete section restricting time to 5 min. for DRE - probably conflicts with HAVA and other section restricts to 10 min.
19364: Require logic and accuracy tests after booting or recalibration.
SECTION 301
Current Elections Code:
301. A "ballot" means any of the following:
(a) A single card with prescored, number positions that is marked
by the voter with a punching device and the accompanying reference
page or pages containing the names of candidates and the ballot
titles of measures to be voted on with numbered positions
corresponding to the numbers on the card.
(b) One or more cards upon which are printed the names of the
candidates and the ballot titles of measures to be voted on by
punching or marking in the designated area.
(c) One or more sheets of paper upon which are printed the names
of candidates and the ballot titles of measures to be voted on by
marking the designated area and that are tabulated manually or by
optical scanning equipment.
(d) A large sheet of paper upon which is printed the names of
candidates and ballot titles of measures to be voted on by pressing
the designated area on a direct-recording electronic device.
(e) An electronic touchscreen upon which appears the names of
candidates and ballot titles of measures to be voted on by touching
the designated area on the screen of a direct-recording electronic
device.
Proposed Revision:
301. A "ballot" means any of the following:
(a) A single card with prescored, number positions that is marked
by the voter with a punching device and the accompanying reference
page or pages containing the names of candidates and the ballot
titles of measures to be voted on with numbered positions
corresponding to the numbers on the card.
(b) One or more cards upon which are printed the names of the
candidates and the ballot titles of measures to be voted on by
punching or marking in the designated area.
(c) One or more sheets of paper upon which are printed the names
of candidates and the ballot titles of measures to be voted on by
marking the designated area and that are tabulated manually or by
optical scanning equipment.
(d) A large sheet of paper upon which is printed the names of
candidates and ballot titles of measures to be voted on by pressing
the designated area on a direct-recording electronic device.
(e)
An electronic
touchscreen upon which appears the names of
candidates
and ballot titles of measures to be voted on by touching
the
designated area on the screen of
The electronic image of the choices the voter has made on
a direct-recording electronic device.
SECTION 317.5 (new section)
Proposed New Section:
317.5 "Early voting" is vote by mail voting in person at the elections official's office or at a voting satellite office before Election Day or on Election Day.
SECTION 2203
Current Elections Code:
2203. (a) Cancellation is made by writing or stamping on the affidavit of registration the word "canceled," the reason the affidavit was canceled, and the date of cancellation.
Proposed Revision:
2203.
(a) Cancellation is made by writing or stamping on all copies of
the affidavit of registration the word "canceled," the
reason the affidavit was canceled, and the date of
cancellation, and the name of the person canceling the
registration. The cancelled affidavit shall be saved for at least 3
years after the cancellation.
Proposed new section:
2203.5 Whenever a number of registrations are being canceled other than by the voters' requests, notification of the number of cancellations shall be posted on the elections official website and sent to the political parties' county chairs 60 days before the cancellations are to be performed. If requested by a party's county chair, the elections official shall provide within two working days a list of the registrations to be canceled in electronic form at no cost.
In addition, any person whose registration is being canceled shall be sent a mail notification that their registration is being canceled. Notification shall not be sent if the reason for the cancellation is receipt of official evidence of death of the voter or official notice of registration at another address.
SECTION
3017. (e) (new subsections)
Proposed new subsections:
3017. (e) The elections official may not contract with any outside company to perform any part of the processing of the vote by mail ballots. The address for return of vote by mail ballots by mail shall be an office of the elections official or a US Postal Service Post Office Box for the elections official.
3017. (f) The return envelope for an vote by mail ballot shall clearly identify if more than one stamp is required. Any vote by mail ballots with insufficient postage shall be accepted by the county elections official and the county shall pay the difference to the US Postal Service.
SECTION 3019
Current Elections Code:
3019. Upon receipt of the vote by mail ballot the elections official shall compare the signature on the envelope with that appearing on the affidavit of registration and, if they compare, deposit the ballot, still in the identification envelope, in a ballot container in his or her office. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot. If the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
If the elections official has compared the signature of the voter's application with the affidavit pursuant to Section 3009, the application may be used rather than the affidavit to make the signature check required by this section.
No ballot shall be removed from its identification envelope until the time for processing. No ballot shall be rejected for cause after the envelope has been opened.
In determining from the records of registration if the signature and residence address on the identification envelope appear to be the same as that on the affidavit of registration, the elections official or registrar of voters may use the duplicate file of affidavits of registered voters or the facsimiles of voter's signatures, provided that the method of preparing and displaying the facsimiles complies with law.
Proposed revision:
3019. Upon receipt of the vote by mail ballot the elections official shall compare the signature on the envelope with that appearing on the affidavit of registration and, if they compare, deposit the ballot, still in the identification envelope, in a ballot container in his or her office. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot. If the ballot is rejected because the signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
If the elections official has compared the signature of the voter's application with the affidavit pursuant to Section 3009, the application may be used rather than the affidavit to make the signature check required by this section.
No ballot shall be removed from its identification envelope until the time for processing. No ballot shall be rejected for cause after the envelope has been opened.
In determining from the records of registration if the signature and residence address on the identification envelope appear to be the same as that on the affidavit of registration, the elections official or registrar of voters may use the duplicate file of affidavits of registered voters or the facsimiles of voter's signatures, provided that the method of preparing and displaying the facsimiles complies with law.
A signature may be rejected only after being inspected by a permanent employee of the elections office. The person rejecting the signature shall sign the envelope containing the ballot in a legible manner, and the elections official shall attempt to phone the voter and, if unsuccessful, then mail a notice of the rejection to the voter. The number of accepted and rejected signatures shall be posted on the elections officials web site, enumerated by precinct, with the reasons for the rejections.
SECTION 11324
Current Elections Code:
11324. The official responsible for preparing the ballot shall, at least 10 days prior to the recall election, mail a sample ballot to each registered voter of the electoral jurisdiction of the officer sought to be recalled.
Proposed Revision:
11324.
The official responsible for preparing the ballot shall, at least 10
21 days prior to the recall election, mail a sample ballot to
each registered voter of the electoral jurisdiction of the officer
sought to be recalled.
Proposed New Section:
14216.5. Notice shall be provided to voters that they have the right to vote on a paper ballot. Notice of the right to cast a paper ballot shall be given verbally by a poll worker to each voter at the time the voter signs the poll book in polling places which have both electronic voting machines and paper ballots. Paper ballots shall be visible at the poll book and signage posted to offer the paper ballot option.
Current Elections Code:
15261. The elections official may establish one or more multiple centers to count ballots from designated precincts and transmit the results via telephone, facsimile transmission, or modem. The count shall be conducted in all other respects in accordance with the central counting provisions of Article 2 (commencing with Section 15200). The list of designated precincts for each multiple counting center shall be available for public inspection no later than 15 days before the election.
Proposed Revision:
15261. The elections official may establish one or more multiple centers to count ballots from designated precincts and transmit the results securely via telephone, facsimile transmission, or modem to the central counting center. The count shall be conducted in all other respects in accordance with the central counting provisions of Article 2 (commencing with Section 15200). The list of designated precincts for each multiple counting center shall be available for public inspection no later than 15 days before the election, both in person and, in counties with over 100,000 registered voters, on the elections official's web site.
SECTION 15273
Current Elections Code:
15273.
Unless otherwise provided in this code, the precinct board members
may not constitute themselves into separate squads in an attempt to
conduct more than one count of the ballots at the same time.
Proposed Revision:
15273.
Unless otherwise provided in this code, the precinct board members
may not constitute themselves into separate squads
in an attempt to conduct more than one count of the ballots at the
same time.
Current Elections Code:
15274.
The members of the precinct board may relieve each other in the
duties of counting ballots.
Proposed Revision:
15274. The members of the precinct board may relieve each other in the duties of counting ballots. The precinct inspector is authorized to appoint and swear in citizens presenting themselves at the close of the polls to count the votes.
SECTION 19363
Current Elections Code:
19363. Voters shall not remain in or occupy the booths or compartments longer than is necessary to mark their ballots, which shall not exceed five minutes. However, where no other voter would be inconvenienced, a longer period shall be allowed.
Proposed Revision/Deletion:
19363.
Voters shall not remain in or occupy the booths or compartments
longer than is necessary to mark their ballots, which shall not
exceed five minutes. However, where no other voter would be
inconvenienced, a longer period shall be allowed.
SECTION 19364 (new section)
Proposed New Section:
19364. Before any voter uses a machine, the precinct board shall test the machine according to procedures set out by the elections official. These procedures must be posted 30 days in advance on the elections official's website.
If during the election, the machine is rebooted, recalibrated, or in any other way manipulated other than used for voting, the precinct board shall retest the machine before allowing voter to use it.