California 2009 2009-2010 Regular Session

California Assembly Bill AB257 Amended / Bill

Filed 05/06/2009

 BILL NUMBER: AB 257AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 6, 2009 AMENDED IN ASSEMBLY APRIL 20, 2009 AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Adams FEBRUARY 11, 2009 An act to add Section 16001 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 257, as amended, Adams. Elections: reporting irregularities. Existing law provides procedures and requirements for contesting the results of an election. This bill would require the Secretary of State to establish a uniform report that elections officials would use to document election  day  incidents and voting irregularities that could be used in contested elections. Because this bill would change or expand the duties of local elections officials, 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 16001 is added to the Elections Code, to read: 16001. (a) The Secretary of State shall establish a uniform reporting format to collect information from county elections officials relating to election  day  incidents and irregularities that occur during  the casting of ballots in  a regularly scheduled statewide election. (b) For purposes of this section, "election  day  incidents and irregularities" includes documented complaints or reports of any of the following: (1) Voter fraud. (2) Voter intimidation. (3) The failure, malfunction, or improper usage or operation of either an electronic voting machine or a paper ballot, whether cast by mail or at a polling place. (4) Incidents resulting in voter disenfranchisement. (c) The Secretary of State shall make the reports submitted by county elections officials pursuant to subdivision (a) publicly available on his or her Internet Web site. 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.