Elections: voting machines.

Existing law provides for the conduct of statewide and local elections and sets forth provisions governing, among other things, election procedures, the declaration of results, and election contests. Existing law defines for these purposes the term "voting machine" to mean any device upon which a voter may register his or her vote, and which, by means of counters, embossing, or printouts, furnishes a total of the number of votes cast for each candidate or measure. Existing law requires that the Secretary of State certify or conditionally approve a direct recording electronic voting system only if the system includes an accessible voter verified paper audit trail. Existing law defines for these purposes the term "direct recording electronic voting system" as a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. This bill would modify and update the definition of "voting machine" to mean any electronic device into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of specified printouts and records, furnishes a total of the number of votes cast for each candidate or measure. The bill would make conforming changes and repeal obsolete provisions of existing law. The bill would substitute certain references to the term "voting system" with the term "direct recording electronic voting system." Existing law specifies the procedure to be followed for counting ballots in connection with the semifinal official canvass for an election. Existing law requires a precinct board to complete a certificate of performance and to post a results of votes cast form if votes are manually counted at the precinct, among other requirements. This bill would require a precinct board counting votes at the precinct by means of a voting machine to also complete a certificate of performance and to post a results of votes cast form, as specified. Existing law requires the precinct board, as soon as the polls are closed, to comply with specified requirements relating to the closing of the polls, including, but not limited to, the locking of voting machines and the reading and posting of the statement of return of votes cast for the precinct. Existing law also sets forth the procedures by which the proclamation of the result of the votes cast must be distinctly announced. This bill would modify and repeal certain precinct board requirements and procedures relating to the reading, posting, and inspection of the statement of return of votes cast for the precinct. By imposing new duties on local officials, the bill would create 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.