Bill Text: CA SB1346 | 2011-2012 | Regular Session | Amended
Bill Title: Election day procedures: ballot containers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-08 - Set, second hearing. Hearing canceled at the request of author. [SB1346 Detail]
Download: California-2011-SB1346-Amended.html
BILL NUMBER: SB 1346 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 2, 2012
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 24, 2012
An act to add and repeal Section 14422 of the Elections Code,
relating to elections, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1346, as amended, Negrete McLeod. Election day procedures:
ballot containers.
Existing law establishes election day procedures for processing
ballots following the closing of the polls. Existing law prohibits
removal of a ballot container from a polling place or the presence of
any persons assembled at the polling place until all the ballots are
counted and prohibits the ballot container from being opened until
after the polls are closed.
This bill would allow the county elections official for a county
of greater than 5,000 square miles to direct that ballot containers
be sealed prior to the closing of the polls in accordance with
specified procedures and direct a ballot security team
2 members of the precinct board
to remove from a polling place and the presence of any
bystanders prior to the closing of the polls, one time during
specified hours on election day, a sealed ballot container of voted
untallied ballots and deliver without delay the container
, unopened, to a receiving center or central
counting place the county elections official or to a
receiving station designated by the county elections official .
This bill would require the county elections official to identify,
not less than 30 days prior to an election, each precinct or
polling place from which sealed ballot containers will be
removed prior to the closing of the polls and would prohibit the
elections official from directing that ballot containers be removed
from more than 25% 3% of the precincts
in the jurisdiction prior to the closing of the polls. This bill
would allow the county elections official to process the ballots upon
receipt of a container, but would prohibit the official from
tallying the ballots or releasing any results prior to the closing of
the polls.
This bill would repeal these provisions on January 1, 2017, unless
legislation is enacted before that date to remove or extend that
deadline.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14422 is added to the Elections Code, to read:
14422. (a) Notwithstanding Section 14215 or any other provision
of law, and subject to subdivision (b), the county elections official
for a county of greater than 5,000 square miles may direct a
precinct board to seal ballot containers prior to the closing of the
polls, in accordance with the procedures set forth in Sections 14420
and 14421, and may direct a ballot security team of
two or more members of the precinct
board to remove from a polling place and the presence of any
bystanders prior to the closing of the polls a sealed ballot
container of voted untallied ballots and deliver without delay
the sealed ballot container , unopened
, to a receiving center or central counting place
as directed the county elections official or to a
receiving station designated by the county elections official.
Upon receipt of a sealed ballot container pursuant to this
section, the county elections official, or his or her designee, shall
sign an acknowledgment of receipt of the sealed ballot container.
(b) Not less than 30 days prior to an election, the county
elections official shall identify each precinct or polling place
from which sealed ballot containers will be removed prior to
the closing of the polls. The elections official may not direct that
ballot containers be removed from more than 25
3 percent of the precincts in the jurisdiction prior to
the closing of the polls. Sealed ballot containers may be removed
from a polling place and the presence of any bystanders pursuant to
subdivision (a) only once, and the removal shall occur between the
hours of 11:00 a.m. and 2:00 p.m. and 4:00
p.m.
(c) Upon receipt of a container at a receiving center or central
counting place pursuant to subdivision (a), the county elections
official may process the voted untallied ballots, but shall not tally
the ballots or release any results prior to the closing of the
polls.
(d) (1) This section shall not be construed
to relieve a precinct board of its responsibility to account for
ballots pursuant to Section 14405.
(2) The members of the precinct board shall account for the
ballots delivered to them by returning a sufficient number of unused
ballots to make up, when added to the number of official ballots cast
and the number of spoiled and canceled ballots returned, the number
of ballots given to them. The officers receiving returned ballots
shall compel this accounting.
(3) The precinct board shall complete the roster as required in
Section 14107, and shall also complete and sign the certificate of
performance prescribed in Section 15280, if that section applies.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide for the effective and efficient administration
of elections in 2012, it is necessary that this act take effect
immediately.
