California Assembly Bill AB257 Amended / Bill

 BILL NUMBER: AB 257AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Adams FEBRUARY 11, 2009 An act to  amend Section 18403   add Chapter 5.5 (commencing with Section 17401) to Division 17  of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 257, as amended, Adams. Elections:  ballot handling   election incidences and irregularities  .  Existing law prohibits the corruption of the voting process, as prescribed.   This bill would require a county elections official to report to the Secretary of State, not later than 30 days following the official canvass for a statewide election, all election incidences and irregularities that occur during the preparation for and conduct of the statewide election or during the official canvass for the statewide election. The bill would define "election incidences and irregularities" to include, but not be limited to, documented complaints or reports of voter fraud; documented complaints or reports of voter intimidation; documented complaints or reports of the failure, malfunction, or improper usage or operation of an electronic voting machine or paper ballot; or documented complaints or reports of incidents resulting in voter disenfranchisement.   Because the bill would require a higher level of service from a county elections official, it 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 these statutory provisions.   Existing law prohibits any person other than an election official from receiving, soliciting, or examining a voted ballot from a voter, unless a specified exception applies.   This bill would make a nonsubstantive change to this provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Chapter 5.5 (commencing with Section 17401) is added to Division 17 of the   Elections Code   , to read:   CHAPTER 5.5. STATEWIDE ELECTION INCIDENCES AND IRREGULARITIES 17401. (a) A county elections official shall report to the Secretary of State all election incidences and irregularities that occur during the preparation and conduct of a statewide election or during the official canvass for the statewide election. (b) For purposes of this section, "election incidences and irregularities" includes, but is not limited to, documented complaints or reports of voter fraud; documented complaints or reports of voter intimidation; documented complaints or reports of the failure, malfunction, or improper usage or operation of either an electronic voting machine or a paper ballot, whether cast by vote by mail or at a polling place; or documented complaints or reports of incidents resulting in voter disenfranchisement. (c) The report required by this section shall be submitted to the Secretary of State not later than 30 days following the official canvass for the statewide election. (d) Nothing in this section shall inhibit the ability of a county elections official or his or her staff from providing communications regarding election incidences and irregularities to the Secretary of State in a more timely or frequent manner than that required by subdivision (c). (e) In complying with this section, a report by a county elections official shall be submitted to the Secretary of State on a form which shall be created and approved by the Secretary of State. A county elections official shall submit his or her report to the Secretary of State in both written and electronic form. (f) The Secretary of State shall review the report submitted by the county elections official pursuant to this section and may take action that the Secretary of State deems appropriate with available existing funds.   SEC. 2.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.   SECTION 1.   Section 18403 of the Elections Code is amended to read: 18403. Any person other than an elections official or a member of the precinct board who receives a voted ballot from a voter or who examines or solicits a voter to show his or her voted ballot is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison for 16 months or two or three years or in a county jail not exceeding one year, or by both the fine and imprisonment. This section shall not apply to persons returning a vote by mail ballot pursuant to Section 3017 or 3021 or persons assisting a voter pursuant to Section 14282.