PROPOSED CALIFORNIA ELECTION CODE CHANGES

1/24/2008

INCREASING TRANSPARENCY

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:

11 - Allow public to observe meetings of Secretary of State and county elections officials

18 - Require Secretary of State to post all required public notices on web, and to maintain e-mail notification list for public notices

2300.(a)(1) - Add right to a paper ballot to publicly displayed Voter Bill of Rights

2300.(a)(9) - Add right to observe opening and closing of polls to publicly displayed Voter Bill of Rights

15005 - Counties must appoint Elections Observer Panels with members of the political parties and public

15151 - counties must submit precinct data to Secretary of State periodically on election night and Secretary of State must post it on the web.

19203 - Secretary of State must allow public to examine new voting systems before public hearing

19204 - Secretary of State must publish notice of public hearing on certification of election system on web site

19204.5 - Secretary of State must publish data for certification hearing 30 days before hearing on web site

19207 - Secretary of State must publish decision on certification on web site

19213 - Secretary of State must publish on web all changes to voting systems and email interested parties

19214.6 - Secretary of State must maintain on web status of applications for certification and email interested parties of changes

19214.8 - Secretary of State must put testing plans, scripts, etc. on web site

19320 - Elections officials must publish time and place voting equipment will be prepared for election and must allow public to watch

19384 - Post tapes in publicly accessible location & may post inside windows

Counties with more than 100,000 registered voters must put on the web:

12220 - Description of precincts and locations of polling sites

12281 - Changes in polling places

15003 - Semifinal official and official canvass procedures

15251 - Results of elections

15260 - Locations of Return Centers

15628 - Notice of recount

15633 - Results of recount

Most of this info is already required, but not put on the web.

SECTION 11

Current Elections Code:

11. On written call of the Secretary of State, the county elections officials, city elections officials, and registrars of voters of this state may meet with the approval of their legislative bodies, at the time and place within this state designated in the call, to discuss matters affecting the administration of the election laws and to promote uniformity of procedure in those matters. Meetings shall not exceed three in any calendar year. Any deputy of a county elections official, city elections official, or registrar of voters, designated for the purpose by his or her principal, may attend these meetings, alone or with his or her principal. The actual and necessary expenses of the county elections official, city elections official, or registrar of voters, and of a deputy, incurred in traveling to and from meetings and in attending the same, for each officer for any one meeting, shall be a charge of the county or city of the elections official or registrar, and payable as other county or city charges.

Proposed Revision:

These meetings shall be open to the public and publicized at least three weeks in advance as described in Section 18. If there is an unexpected emergency, the three weeks advance notice may be shortened.

SECTION 18 (new section)

Proposed New Section:

18: (a) The Secretary of State shall maintain a web page, known as the Elections Division Public Notice web page, on which he or she will place all public notices and reports required by the Elections Code, in addition to any required printed version. Each entry on this page may be either the text of a notice or a link to a notice or report on another page of the web site. The labels on all entries on the page shall be marked with the date of last change of the item to which it links.

(b) The Secretary of State shall maintain an e-mail list to which any member of the public may subscribe, and the Secretary of State shall send e-mail to the list every time there is a change to the Elections Division Public Notice web page.

SECTION 2300. (a) (1)

Current Elections Code:

(1)(A) You have the right to cast a ballot if you are a valid registered voter.

(B) A valid registered voter means a United States citizen who is

a resident in this state, who is at least 18 years of age and not in

prison or on parole for conviction of a felony, and who is registered

to vote at his or her current residence address.

Proposed Revision:

(1) (A) You have the right to cast a ballot if you are a valid registered voter.

(B) You have the right to vote on a paper ballot rather than an electronic ballot.

(C) A valid registered voter means a United States citizen who is

a resident in this state, who is at least 18 years of age and not in

prison or on parole for conviction of a felony, and who is registered

to vote at his or her current residence address.

SECTION 2300. (a) (9)

Current Elections Code:

(9) (A) You have the right to ask questions about election

procedures and observe the election process.

(B) You have the right to ask questions of the precinct board and

elections officials regarding election procedures and to receive an

answer or be directed to the appropriate official for an answer.

However, if persistent questioning disrupts the execution of their

duties, the board or election officials may discontinue responding to

questions.

Proposed revision:

(9) (A) You have the right to ask questions about election

procedures and observe the election process.

(B) You have the right to ask questions of the precinct board and

elections officials regarding election procedures and to receive an

answer or be directed to the appropriate official for an answer.

However, if persistent questioning disrupts the execution of their

duties, the board or election officials may discontinue responding to

questions.

(C ) You have the right to observe the opening and closing of the polls.

SECTION 12220

Current Elections Code:

12220. The elections official shall divide the jurisdiction into precincts and prepare detail maps or exterior descriptions thereof, or both, and as many copies as the elections official may determine. The county surveyor, if requested by an elections official, shall provide assistance to the elections official in the preparation of these maps or exterior descriptions.

Proposed revision:

The elections official of each county of more than 100,000 registered voters shall place on the elections official's or county's web site a description of the precincts and locations of polling sites in terms of boundary streets, included streets and addresses, or a map, or provide a web form such that the voter may enter his or her address to find his or her precinct and polling site location.

SECTION 12281

Current Elections Code:

12281. (a) If, for any valid reason, the polling place designated for any precinct cannot be used, and this fact is known in sufficient time to allow a mailed notice to be received before the election, the elections official may designate another polling place and shall mail, to each voter in the precinct a notice showing this change.

(b) If the information is not known in sufficient time for a mailing pursuant to subdivision (a), either the elections official or, in the case of an emergency, the precinct board on the day of election, shall designate another polling place as near the place first designated as possible, post notice on or near the place first designated, and conduct the election at the new location.

Proposed Revision:

(c) The change shall also be made to the web pages described in Elections Code Section 12220.

(d) Signs and fliers shall be posted at the old precinct location to notify voters of the new address and directions, including public transportation, to the new polling location.

(e) If a polling location is planned for elimination, public notice shall be given 90 days prior to the election and public input shall be invited. All comments are to be posted for public review on the county website and decision criteria described by the elections office.

SECTION 15003

Current Elections Code:

15003. Elections officials shall adopt semifinal official and official canvass procedures to conform to the applicable voting system procedures that have been approved by the Secretary of State. These procedures shall be available for public inspection no later than 29 days before each election

Proposed Revision:

SECTION 15005 (new section)

Proposed new section:

15005: At least 90 days before each election, the elections board shall appoint, or receive requests, for an Elections Observer Panel of at least five voters of the jurisdiction who are not employees of the jurisdiction. The panel shall include representatives from at least two parties and at least three members of the general public. Observer panels may include representatives from local, official organizations including political clubs, civic organizations and voter education and advocacy groups. Once appointed, the membership of the Panel shall be posted on the elections official's web site. If any resign, they may be replaced even though it is less than 90 days before the election.

The elections official shall provide to the members of the Panel full details on when and where election related activities will occur. The members of the Panel shall be allowed complete and unfettered access to the elections facilities, elections procedures, and may observe inside the computer room, if any, and may ask questions of the workers in the elections facilities. However, the Panel may not significantly impede the work of the election workers. The elections official may require panel members to be escorted in sensitive areas of the facilities. The panel members may not touch any of the equipment, ballots, election workers, etc. or interfere in the processes without permission of the elections official.

Panel members may document every aspect of the election through the use of photography and videography. In documenting the election, Panel members may not violate section 18541. Training or orientation to observation is recommended but not required for observers.

SECTION 15151

Current Elections Code:

(a) The elections official shall transmit the semifinal official results to the Secretary of State in the manner and according to the schedule prescribed by the Secretary of State prior to each election, for the following:
   (1) All candidates voted for statewide office.
   (2) All candidates voted for the following offices:
   (A) State Assembly.
   (B) State Senate.
   (C) Member of the United States House of Representatives.
   (D) Member of the State Board of Equalization.
   (E) Justice of the Court of Appeals.
   (3) All persons voted for at the presidential primary or for electors of President and Vice President of the United States.
   (4) Statewide ballot measures.
(b) The elections official shall transmit the results to the Secretary of State at intervals no greater than two hours, following commencement of the semifinal official canvass.
(c) Commencing no later than November 1, 2010, the elections official shall transmit the semiofficial results listed in (a) to the Secretary of State in a structured electronic format such as comma-delimited, tab-delimited, XML, or EML (Election Markup Language). The Secretary of State shall determine the format. The results shall be listed by precinct for each contest listed in (a). The Secretary of State shall post these results in a structured format on the Internet as soon as possible, but no later than 12 hours after receiving them.
(d) The elections official shall transmit within 48 hours of the closing of the election the following information in electronic format:
(1) a copy of all audit logs and event logs from the central election management systems and central scanners and
(2) a copy all central election management database files containing records of votes cast. The elections official shall continue to transmit the information in (1) and (2) at intervals of no longer than 4 days thereafter through the end of the certification of the election, The Secretary of State shall post this information on the Internet within 24 hours of receiving them.

SECTION 15251

Current Elections Code:

15251. Upon receipt of the result of votes cast from the precinct boards, the elections official shall compile and make available to the public the results so received as to the offices and measures.

Proposed Revision:

15251. Upon receipt of the result of votes cast from the precinct boards, the elections official shall compile and make available to the public the results so received as to the offices and measures, both in person, and, in counties with over 100,000 registered voters, on the elections official's web site.

SECTION 15260.

Current Elections Code:

15260. (a) The elections official of the jurisdiction shall

establish one or more election return centers for the purpose of

facilitating the compilation of election returns and expediting their

announcement to the public.

(b) In establishing a return center, the elections official may

designate a group of precincts which the center shall serve and this

designation shall be available for public inspection no later than 15

days before the election. The election return center may be at any

public place as the elections official designates.

Proposed Revision:

15260. (a) The elections official of the jurisdiction shall

establish one or more election return centers for the purpose of

facilitating the compilation of election returns and expediting their

announcement to the public.

(b) In establishing a return center, the elections official may

designate a group of precincts which the center shall serve and this

designation 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. The election return center may be at any public

place as the elections official designates.

SECTION 15628

Current Elections Code:

15628. Not less than one day prior to commencement of the recount,

the elections official shall post a notice as to the date and place

of the recount and shall notify the following persons of it in person

or by any federally regulated overnight mail service:

(a) All candidates for any office the votes for which are to be

recounted.

(b) Authorized representatives of presidential candidates to whom

electors are pledged if the votes to be recounted were cast for

presidential electors.

ballot arguments for or against any initiative, referendum, or

measure placed on the ballot by the governing body the votes for

which are to be recounted.

(d) The Secretary of State in the case of a recount of the votes

cast for candidates for any state office, presidential electors, the

House of Representatives of the United States, the Senate of the

United States, or delegates to a national convention or on any state

measure.

Proposed Revision:

15628. Not less than one day prior to commencement of the recount, the elections official shall post a notice as to the date and place of the recount at the elections official's office and also on the Internet as described in section 18 and shall notify the following persons of it in person or by any federally regulated overnight mail service:

(a) All candidates for any office the votes for which are to be

recounted.

(b) Authorized representatives of presidential candidates to whom

electors are pledged if the votes to be recounted were cast for

presidential electors.

ballot arguments for or against any initiative, referendum, or

measure placed on the ballot by the governing body the votes for

which are to be recounted.

(d) The Secretary of State in the case of a recount of the votes

cast for candidates for any state office, presidential electors, the

House of Representatives of the United States, the Senate of the

United States, or delegates to a national convention or on any state

measure.

SECTION 15633

Current Elections Code:

15633. A copy of the results of any recount conducted pursuant to

this chapter shall be posted conspicuously in the office of the

elections official.

Proposed Revision:

15633. A copy of the results of any recount conducted pursuant to this chapter shall be posted conspicuously in the office of the elections official and on the elections official's website, or if the elections official does not have a web site, on the county's web site.

SECTION 19203

Current Elections Code:

19203. The Secretary of State may make all arrangements for the

time and place to examine voting equipment proposed to be sold in

this state. He or she shall furnish a complete report of the

findings of the examining engineers to the Governor and the Attorney

General.

Proposed Revision:

19203. The Secretary of State may make all arrangements for the time and place to examine voting equipment proposed to be sold in this state. He or she shall furnish a complete report of the findings of the examining engineers to the Governor and the Attorney General.

The Secretary of State shall establish a time and place for the general public to examine the voting system. This shall be publicized at least 30 days in advance on the Internet as described in Section 18, at least 14 days before the public hearing in Section 19204, and at least 14 days after the documentation in section 19204.5 is published on the Secretary of State's web site.

SECTION 19204

Current Elections Code:

19204. Prior to giving its decision approving or withholding

approval of any voting machine, voting device, or vote tabulating

device, the Secretary of State shall hold a public hearing to give

persons interested an opportunity to express their views for or

against the machine or device.

The Secretary of State shall give notice of the hearing in the

manner prescribed in Section 6064 of the Government Code in a

newspaper of general circulation published in Sacramento County. The

Secretary of State shall also transmit written notice of the

hearing, at least 30 days prior to the hearing, to each county

elections official, to any person that the Secretary of State

believes will be interested in the hearing, and to any person who

requests, in writing, notice of the hearing.

The decision of the Secretary of State, either approving or

withholding approval of a voting machine, voting device, or vote

tabulating device, shall be in writing and shall state the findings

of the secretary. The decision shall be open to public inspection.

Proposed Revision:

19204. Prior to giving its decision approving or withholding approval of any voting machine, voting device, or vote tabulating device, the Secretary of State shall hold a public hearing to give persons interested an opportunity to express their views for or against the machine or device.

The Secretary of State shall give notice of the hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County, and at the same time, publish notice on the Internet in the manner described by Section 18. The Secretary of State shall also transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the hearing, and to any person who requests, in writing, notice of the hearing.

The decision of the Secretary of State, either approving or withholding approval of a voting machine, voting device, or vote-tabulating device, shall be in writing and shall state the findings of the secretary. The decision shall be open to public inspection and shall be published in the manner described by Section 18.

SECTION 19204.5 (new section)

Proposed New Section:

19204.5 At least 30 days prior to the public hearing, the Secretary of State will publish on his or her website the following:
(a) The complete vendor application.
(b) A list of hardware in the application and what software runs on each piece of hardware.
(c) A list of what will be escrowed.
(d) A list of which parts of the system will not be escrowed.
(e) A list of software not examined during the EAC certification testing and why.
(f) The report of the Federal testing lab.
(g) The state Consultant's report.
(h) The Secretary of State's staff's report and recommendation.
(i) A report containing a description of the voting system and drawings including photographs clearly identifying the parts of the system and a description of its logical and mechanical operation. The photographs shall include photographs of the machines with the external covers removed, taken from multiple angles.
(j) A legal analysis of whether the system conforms to California law.
These shall all be in published on the web fully, without redactions.

Notice will be given of the public hearing on the web and via email to interested parties at least 30 days in advance of the hearing.

SECTION 19207

Current Elections Code:

19207. Within 30 days after completing the examination of any

voting system, the Secretary of State shall place on file a report

stating whether in his or her opinion the kind of voting system

examined can safely be used. The report shall also contain a written

or printed description and drawings and photographs clearly

identifying the machine or device and its mechanical operation.

Proposed Revision:

19207. Within 30 days after completing the examination of any voting system, the Secretary of State shall place on file a report stating whether in his or her opinion the kind of voting system examined can safely be used. ~~The report shall also contain a written or printed description and drawings and photographs clearly identifying the machine or device and its mechanical operation.~~ The report shall also be published on the Secretary of State's web site, and notice sent to the electronic mailing list of as described in Section 18.

SECTION 19213

Current Elections Code:

19213. When a voting system or a part of a voting system has been

approved by the Secretary of State, it shall not be changed or

modified until the Secretary of State has been notified in writing

and determined that the change or modification does not impair its

accuracy and efficiency sufficient to require a reexamination and

reapproval pursuant to this article. The Secretary of State may

adopt rules and regulations governing the procedures to be followed

in making his or her determination as to whether the change or

modification impairs accuracy or efficiency.

Proposed Revision:

19213. When a voting system or a part of a voting system has been approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and reapproval pursuant to this article. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy, suitability, security, or efficiency. Each change shall be published on the Web and notification sent to interested parties as described in Section 18.

SECTION 19214.6 (new section)

Proposed New Section:

19214.6 The Secretary of State shall maintain on the web a list of current vendor applications for certification, including the status of the application and the corresponding federal qualification or certification identifiers. This list should be updated within a day whenever an application is received or when there is an application's status. The Secretary of State shall inform interested parties by email immediately upon receipt of an application or approval or rejection of an application. Any approval or rejection letter to a vendor shall be posted on the Web, without redaction, at the same time as the letter is sent to the vendor.

SECTION 19214.8 (new subsection)

Proposed New Section:

19214.8 Before a voting system is used in an election, all test plans, all automated and manual scripts, test results, and all information needed to reproduce these test results, documentation, bug tracking databases, and other records used to plan, execute, and record the results of the testing and verification, including all material prepared or used by voting system testing laboratories or independent testing authorities or other third parties, shall be made part of the public record and shall be freely available via the Internet and paper copy to anyone.

SECTION 19320

Current Elections Code:

19320. Before preparing a voting machine for any general election,

the elections official shall mail written notice to the chairperson

of the county central committee of at least two of the principal

political parties, stating the time and place where machines will be

prepared. At the specified time one representative of each of the

political parties shall be afforded an opportunity to see that the

machines are in proper condition for use in the election.

The party representatives shall be sworn to perform faithfully

their duties but shall not interfere with the officials or assume any

of their duties. When a machine has been so examined by the

representatives, it shall be sealed with a numbered metal seal. The

representatives shall certify to the number of the machines, whether

all of the counters are set at zero (000), and the number registered

on the protective counter and on the seal.

Proposed Revision:

19320. Before preparing a voting machine for any general election,

the elections official shall mail written notice to the chairperson

of the county central committee of at least two of the principal

political parties, stating the time and place where machines will be

prepared. At the specified time one representative of each of the

political parties shall be afforded an opportunity to see that the

machines are in proper condition for use in the election.

The party representatives shall be sworn to perform faithfully

their duties but shall not interfere with the officials or assume any

of their duties. When a machine has been so examined by the

representatives, it shall be sealed with a numbered metal seal. The

representatives shall certify to the number of the machines, whether

all of the counters are set at zero (000), and the number registered

on the protective counter and on the seal.

The public shall be allowed to view the preparation. Notice shall be published on the elections official's web site, or if none exists, on the county's web site, and notice sent to parties who have previously asked to be notified.

SECTION 19384

Current Elections Code:

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.

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.

Proposed revision:

19384. The precinct board shall, before it adjourns, post conspicuously either in a window such that it is easily readable from the outside or on the outside of the polling place a copy of the result of the votes cast at the polling place, in a publicly accessible location. The copy of the result shall be signed by the members of the precinct board.

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.