CFRW Legislative Action Alert August 22, 2023

AB 969, as amended, Pellerin. Elections: voting systems.

Existing law specifies procedures for manual vote counts for a semifinal official canvass in a precinct, including, among others, after the polls have closed, commencing a public count of the ballots cast, unopened, to ascertain whether the number of ballots corresponds with the number of signatures on the roster. These manual vote count procedures apply to all elections in which ballots are counted by hand. Ballots counted manually in a central place are required to be counted by precinct, separately, under the direction of the elections official or their authorized deputies, in the same manner as provided where ballots are counted at the polling place.

This bill would prohibit an elections official from performing a manual vote count in a semifinal official canvass pursuant to the above procedures in any contest in which there are more than 1,000 eligible registered voters as of 154 days in advance of an election. held on an established election date, as specified, where there are more than 1,000 registered voters eligible to participate in that election as of 154 days in advance of the election, or in any contest held on a date other than an established election date, where there are more than 5,000 registered voters eligible to participate in that election as of 154 days in advance of the election. The bill would only allow an election official to conduct a manual vote count for a semifinal official canvass in a precinct pursuant to the above procedures if the count is conducted pursuant to a plan approved by the Secretary of State, as specified. The bill would require the Secretary of State to adopt regulations regarding manual vote counts.

Existing law authorizes the governing board of a local jurisdiction to adopt a voting system for use in an election if the system has been certified or conditionally approved by the Secretary of State.

This bill would require an election official or the governing body of a jurisdiction that administers elections to use a certified voting system, as specified. This bill would make the termination of a contract for a certified voting system provisional unless and until the jurisdiction has a transition plan and has finalized and signed a new contract for a certified voting system.

By requiring local elections officials to perform additional duties, this bill 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 the statutory provisions noted above.

This bill would declare that it is to take effect immediately as an urgency statute.

DIGEST KEY
Vote: 2/3   Appropriation: no   Fiscal Committee: yes   Local Program: yes