VOTING LAW CHANGES FOR 2007

The Governor has signed a number of bills into law at the conclusion of this legislative session. Noteworthy among them are:

SB 506 (Poochigian)

New California law has expanded the list of occupations within the definition of “public safety official” for purposes of protective confidentiality for certain personal information provided in their voter registration forms.  California Elections Code 2166.7 (Senate Bill 506, Chapter 446, Statutes of 2006) extends eligibility to:  active or retired peace officers; state, county, and city attorneys assigned to criminal cases; specified employees of the Department of Corrections and Rehabilitation who supervise inmates or are required to have custody of a prisoner; and state and federal judges and court commissioners.

VOTING LAW CHANGES FOR 2006

The Governor has signed a number of bills into law at the conclusion of this legislative session. Noteworthy among them are:

AB 1634 (McCarthy)

                       Special Statewide Election Expenses

This bill reimburses counties for the election expenses incurred in the 2005 November Statewide Special Election.  That legislation will reimburse San Mateo County in the amount of $416,301 for the state’s share of the election costs.

SB 1235 (Bowen)

AB 2769 (Benoit)

                       Elections: 1% manual tally

This law requires that absentee ballots be a part of the required 1% manual recount of the precincts chosen at random by the elections official during the official canvass.  This recommendation came from San Mateo County in recognition of the popularity of voting by mail, not just here, but statewide.

SB 1747 (Bowen)

                       Elections. Counting votes

Increases the transparency of election operations by allowing qualified political parties, bona fide association of citizens or a media organization up to 2 qualified data processing specialists or engineers to check and review, among other things the preparation and operation of the tabulating devices and be in attendance at any or all phases of an election. County election officials may limit the total number of representatives observing at any time to 10.

AB 2671 (Salinas)

                       Pupil attendance:  precinct board membership

This law expands the opportunity for more students to participate as student poll workers by removing the requirement that they be high school seniors from the law. They still must be 16, citizens, carrying a 2.5 GPA and have permission from their parents and the school to participate. They may not be used by a precinct board to tally votes, however.

AB 1207 (Yee)

                       Code of Fair Campaign Practices

This law revises the pledge in the Code of Fair Campaign Practices to provide that the individual shall not, in the conduct of his or her campaign, use a candidate’s actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex including gender identity or any other specified characteristic.

VOTING LAW CHANGES FOR 2005

District Nomination Procedures; Mail Ballot Elections: CH. 86; SB 443

Provides that a person shall not file nomination papers for more than one district office or term of office for the same district at the same election.

Voter Information - Privacy: CH. 121; AB 1741, Section 2188.5

Provides that: (a) A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet. (b) For purposes of this section, “United States” includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States.  Also makes legislative findings regarding the protection of voter related identities and personal information of Californians. Intended to safeguard the privacy of voter information and protect the integrity of the voting process.

This bill addresses the concerns raised at a hearing held on March 15, 2005 by the Assembly Judiciary Committee in response to press reports alleging that confidential information of voters had been sent overseas by a California based political action committee seeking to qualify proposed ballot initiatives.

Voting Systems Directives:  CH. 718; AB 1636

Sections amended:  17301, 17302, 19200.5, 19223, 19250

Requires that “paper record copies of voted polling place ballots” be retained the the Election Office.

As a protection against voter fraud, the Secretary of State may not permit voting systems that allow a voter to exit a polling place with a copy of the ballot cast they cast.

To ensure the integrity of electronic voting equipment, the Secretary of State must conduct random audits of the software installed on direct recording electronic voting systems to ensure that the installed software is identical to the software that has been approved for use on that voting system. In doing so, the Secretary shall take steps to ensure that the process for conducting random audits does not intentionally cause a direct recording electronic voting system to become more vulnerable to any unauthorized changes to the software that has been approved for its use.

Adds the following:

(d) All direct recording electronic voting systems shall include a method by which a voter may electronically verify, through a non visual method, the information that is contained on the paper record copy of that voter’s ballot.

(e) A paper record copy that is printed by a voter verified paper audit trail component shall be printed in the same language that the voter used when casting his or her ballot on the direct recording electronic voting system. For languages that lack a written form, the paper record copy shall be printed in English.

(f) A direct recording electronic voting system shall not be connected to the Internet at any time.

(g) A direct recording electronic voting system shall not be permitted to receive or transmit official election results through an exterior communication network, including the public telephone system.

(h) A direct recording electronic voting system shall not be permitted to receive or transmit wireless communications or wireless data transfers.

Manual Talley and Recount:  Official Paper Audit Record 

CH. 724; SB 370 (15267) and (19253)

Allows the voter who requests a recount of an election conducted using direct recording electronic voting systems, may have the recount “conducted manually." Either the paper record copies or the voter verified paper audit trail of the electronically recorded vote can be counted manually.

Provides that: (a) On a direct recording voting system, the electronic record of each vote shall be considered the official record of the vote, except as provided in subdivision (b).

(b) (1) The voter verified paper audit trail shall be considered the official paper audit record and shall be used for the required 1- percent manual described in Section 15360 and any full recount.

(2) The voter verified paper audit trail shall govern if there is any difference between it and the electronic record during a 1- percent manual tally or full recount.

VOTING LAW CHANGES FOR 2004

Federal and state statutes have modified laws regulating the conduct of elections in California. The federal Help America Vote Act of 2002 will change some voter registration procedures to be followed in the primary. These specify the identification documents accepted when voters register to vote, identification requirements for first-time voters and procedures to follow when a voter's name does not appear on the voter rolls on Election Day. Also, state law provides for a modified partisan primary in which nonpartisan voters may choose among several ballots to vote.

The following summarizes significant features of the upcoming election.

New Identification Requirements

For Voter Registration or Re-Registration

The federal Help America Vote Act of 2002 specifies the identification documents accepted when voters register to vote, identification requirements for first-time voters and procedures to follow when a voter's name does not appear on the voter rolls on Election Day.

It is now necessary to include the driver's license number, the California Department of Motor Vehicles ID number or the last four digits of the individual's Social Security number on a new Voter Registration Card when voters register or re-register to vote.

For First-Time Voters

If first-time voters registered to vote by mail after January 1, 2003 did not provide a copy of acceptable identification when requesting an absentee ballot for a federal election, they must provide identification when they return the absentee ballot. Absentee ballots may be returned at the polls or by mail.

An acceptable identification document includes one of the following: California driver's license, California driver's ID number or a copy of a current utility bill, paycheck or government document that shows the voter's name and current residential address.

Click here for the complete list of acceptable forms of identification. When voting by absentee ballot, first-time voters must send a copy of their identification with the voted ballot.

Provisional Ballot and Provisional Voting

Provisional Voting is an alternative Election Day voting method used when the voter has not met the new identification requirements or when the voter's eligibility is in doubt.

Voters will be asked at the polling place to vote a Provisional Ballot if:

• Their name is not on the roster at the polling place.
• They are first-time voters and cannot provide the required identification to poll workers.
• They are listed on the roster as absentee voters, but do not have an Absentee Ballot with them. Voters who do bring their Absentee Ballots to the polls are not provisional voters.
• They moved and did not re-register at their new address.
• They wish to vote on a ballot for a political party with which they are not affiliated.

Provisional Voters will be asked to provide the required information on a provisional ballot envelop and will be asked to provide their signatures.

Provisional Ballots cast in this manner are placed in a provisional ballot envelope, not in the voting machine. The voter's eligibility will be verified by county elections workers before the ballot will be counted.

Provisional Ballots Cast Will Be Liberally Construed

Election authorities are directed to liberally construe provisional ballots, or special ballots cast by voters who do not provide required identification or whose identity may be in doubt, in favor of the provisional voter.

Proof Of Current Address Not Required

Registered voters who have moved no longer need to show proof of current address at the polls on election day. Registered voters no longer at their former, registered, address on election day will be given a provisional ballot to vote.

Voter May Indicate Ethnicity

The California Secretary of State will develop new affidavit of registration that includes a space to indicate the voter's ethnicity, using descriptions of ethnicity currently in use by the U.S. Census. Counties can use up current stores of affidavits of registration that lack the ethnicity designation before obtaining new affidavit forms. The ethnicity statement is optional.

Absentee Application Satisfies Affidavit Requirement

Previously, two forms were required if a special absentee voter wished to vote by absentee (mail) ballot. A special absentee voter is one in the military, their spouses and dependents or one overseas at the time of the election. The voter had to complete an affidavit of registration and a request for an absentee ballot. The timing of the election cycle made it difficult for overseas voters and those deployed in the military service to complete these requirements. State law has eliminated the requirement that a special absentee voter complete an affidavit of registration.

Now a special absentee voter need fill out only the request for an absentee ballot, which is accepted as an affidavit of registration as well as an application for absentee ballot. This will help ensure that overseas voters and those in the military will be able to complete and return their ballots by legal deadlines.

Voter's Bill Of Rights

The Voter's Bill of Rights will be included in voter pamphlets for all statewide elections. The Secretary of State is directed to provide posters to precinct voting locations that describe voters' rights in several languages.

Voting information to be described includes general information on voting rights under applicable federal and state laws, information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.

The posters will be printed in as many languages as the Secretary of State deems necessary, but in no case fewer than those specified in the federal Voting Rights Act of 1965.

Mail Elections Authorized for Small Cities , School Districts and Special Districts

Cities under 100,000 population now may conduct certain election contests completely by mail to save money. The governing body of the small city may pass a resolution calling a mail ballot provided that it is a special election to fill a vacancy in the governing body. School district governing bodies and special district governing bodies may do the same. The 100,000 population limit does not apply to special districts and school districts. The elections code sets three dates during the year that can be used. Mail elections cannot be held on the same date as a statewide primary or general election and cannot be consolidated with any other election. Since the March 2, 2004 Presidential Primary is a statewide primary, no city may take advantage of this feature for that election; however, many cities are expected to take advantage of it in the future.

This new option will be available to every city in San Mateo County except Daly City , which has a population of 104,300.

State Residency Satisfies Residency Requirement

Poll workers now need only be California residents, not residents of the county in which they are serving as poll workers. The number of high school students allowed to serve as poll workers has been increased from two to five per precinct.

Students are allowed to work as poll workers provided that at the time of the election they are United States citizens, high school seniors at least 16 years of age and are students in good standing with a grade point average of 2.5 on a 4.0 scale. Student members of the precinct board are subject to approval of the educational institution board where they attend school. They serve under direct supervision of adult poll workers and cannot tally votes.

Illegal to photograph or videotape voters at polling place

A provision has been added that makes it illegal to photograph, videotape or otherwise record a voter entering or leaving a polling place. It continues to be illegal to speak to a voter within 100 feet of a polling place with the intent to solicit a vote, to raise the subject of marking the voter's ballot or to place signs that speak to a voter's qualifications or lack of qualifications.

ACCEPTABLE FORMS OF IDENTIFICATION FOR VOTING PURPOSES

Photo Identification - A document prepared by a third party in the ordinary course of business that includes the photograph and name of the individual presenting it, including:

• Driver's license or state identification card
• Passport
• Employee identification card
• Identification card provided by a commercial establishment
• Credit or debit car
• Military identification card
• Student identification card
• Health club identification card
• Insurance plan identification card

Other Acceptable Documents - A document that includes the name and address of the individual presenting it and is dated since the date of the last general election, unless the document is intended to be of a permanent nature (such as a pardon or discharge), including:

• Utility bill
• Bank statement
• Government Check or paycheck
• Document issued by a governmental agency
• Sample ballot
• Voter notification card
• Public housing identification card
• Lease or rental statement or agreement
• Student identification card
• Tuition statement or bill
• Insurance plan car
• Discharge certificates, pardons or other official documents issued to the voter in connection with the resolution of a criminal case, indictment, sentence or other matter
• Senior citizen discount cards issues by public transportation authorities
• Identification documents issued by governmental disability agencies
• Identification documents issued by government homeless shelters and other temporary or transitional facilities
• Drug prescription issued by a doctor or other health care provider
• Tax return
• Property tax statement
• Vehicle registration or certificate of ownership

Any doubts regarding the sufficiency of identification presented shall be resolved in favor of the voter.