Bill Text: CA SB1346 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 1346	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2012

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

   An act to add  and repeal  Section 14422  to
  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 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 the container to a receiving center or central
counting place.  This bill would require the county elections
official to identify, not less than 30 days prior to an election,
each precinct 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% 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  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 the
container to a receiving center or central counting place as directed
by the county elections official. 
   (b) Not less than 30 days prior to an election, the county
elections official shall identify each precinct 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 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. 

   (b) 
    (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. 
   (c) 
    (d)  This section shall not be construed to relieve a
precinct board of its responsibility to account for ballots pursuant
to Section 14405. 
   (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.