Official Summary Text
SB 851, Cervantes.
Elections.
(1) Existing state and federal law provides for the enforcement of laws related to elections and provides procedures to challenge the conduct of elections and election results.
This bill would require a state or local agency or political subdivision that files or is served with a court action relating to elections that contains a claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 days. The bill would require a state or local agency or political subdivision, at least 14 days before entering into a settlement, consent decree, or other court-approved agreement with respect to such a claim arising under federal law, to provide notice of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General. The bill
would exempt records or information exchanged pursuant to this provision from the California Public Records Act.
(2) Existing law requires an elections official, upon completion of the count, to add the results of write-in votes and any paper ballots used as certified by the precinct board, and thereupon declare the vote. Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election, as specified. Existing law requires the elections official to send to the Secretary of State within 31 days of the election in an electronic format a complete copy of specified election results, including the vote given for persons for electors of President and Vice President of the United States, all candidates voted for statewide office, and all statewide measures.
This bill would specify
that the duties described above imposed on elections officials are ministerial and nondiscretionary.
Existing law, if the Secretary of State determines that state election laws are not being enforced, requires the Secretary of State to call the violation of those laws to the attention of the district attorney of the county or to the Attorney General.
This bill, if an elections official fails to prepare a certified statement of the results of the election, would require the Secretary of State to call the violation to the attention of the district attorney of the county or to the Attorney General and authorize the Secretary of State to assist the county elections official in discharging their duties, consistent with those provisions.
(3) Existing law requires a governing body to declare elected or
nominated the person having the highest number of votes for each office voted on at an election under its jurisdiction and to declare the results of each measure voted on at an election under its jurisdiction.
This bill would specify that these duties are ministerial and nondiscretionary.
(4) Existing law establishes a crime punishable by a fine, imprisonment, or both, for a person who hires or arranges for a person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official.
This bill would apply the above penalties with respect to a uniformed law
enforcement officer, including an officer or agent of a federal law enforcement agency, rather than to a uniformed peace officer. The bill would expand the scope of the crime to include the presence of any of the above persons in the immediate vicinity of or at a county elections office.
(5) Existing law makes it a crime to display a container for the purpose of collecting ballots with the intent to deceive a voter into casting a ballot in an unofficial ballot box. Existing law also makes it a crime to direct or solicit a voter to place a ballot in such a container. Existing law makes these crimes punishable by a fine not to exceed $1,000, by imprisonment for 16 months or two or three years, or by both fine and imprisonment.
This bill would also make it a crime to display an envelope for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in
an unofficial ballot box. The bill would make it a crime to direct or solicit a voter to place a ballot in such an envelope.
(6) Existing law provides requirements for the certification of voting systems. Existing law requires the Secretary of State to adopt and publish voting system standards that meet or exceed federal voluntary voting system guidelines prescribed by the United States Election Assistance Commission, as specified.
This bill would repeal the above requirement and instead require the Secretary of State to adopt and publish voting standards that meet the minimum requirements of the federal Help America Vote Act of 2002 and that incorporate best practices in election technology.
(7) Existing law requires a vendor, jurisdiction, and applicant for certification or approval of a remote accessible vote by
mail system to notify the Secretary of State and local elections officials, as applicable, if they learn of a defect, fault, or failure in the system or part of the system. Existing law requires the Secretary of State, after receiving notice, to further notify and submit a report to the United States Election Assistance Commission.
This bill would repeal the above requirements that the Secretary of State notify and submit a report to the United States Election Assistance Commission.
(8) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(9) By broadening the scope of existing crimes, and by establishing new procedures for the conduct of elections, including with respect to enforcement of local election laws, disclosure of voter registration information, and ballots, this bill would establish 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for
those costs shall be made pursuant to the statutory provisions noted above.
(10) This bill would declare that it is to take effect immediately as an urgency statute.