SB 73: Elections.

15006.

(a) (1) The Attorney General shall provide guidance and information to county elections officials regarding how elections officials, precinct boards, election workers, and election volunteers should respond to requests by an agent of a law enforcement agency to access areas where ballots are cast, handled, processed, counted, tabulated, tallied, audited, or recounted.

(2) The Attorney General shall publish and provide guidance to managers of election sites regarding how to respond to requests by an agent of a law enforcement agency to access areas where ballots are cast, handled, processed, counted, tabulated, tallied, audited, or recounted.

(b) The guidance and information provided pursuant to subdivision (a) shall be developed in consultation with the Secretary of State, be consistent with federal and state law, and aim to ensure that all voting locations remain safe and accessible to all voters.

(c) For the purposes of this section, “law enforcement agency” means all of the following:

(1) Any law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(2) Any law enforcement agency of another state.

(3) Any federal law enforcement agency.

15007.

(a) A peace officer shall not

interfere in any manner with the administration of any election in this state and in the discharge of duties by the Secretary of State, a county elections official, an election worker, or a volunteer performing required elections-related tasks prescribed by this code or any other provision of state law except as necessary to respond to urgent threats to public health and safety.

(b) The following persons may bring a civil action to enforce the provisions of this section:

(1) The Attorney General.

(2) The Secretary of State.

(3) A county elections official with respect to violations that occur within the elections official’s county.

(c) A court shall expedite the scheduling and disposition of a civil action brought pursuant to this section if the action is filed during the period beginning thirty days before election day and ending with the completion of the canvass.

(d) The provisions of this section shall not prevent a qualified elector from exercising their right to vote in an election in this state and shall not be construed to authorize an action that would be prohibited by federal law or to limit any federal authority that is validly exercised pursuant to federal law.

15104.

(a) The processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, shall be open to the public, both prior to and after the election.

(b) A member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots.

(c) The elections official shall notify vote by mail voter observers and the public at least 48 hours in advance of the dates, times, and places where vote by mail ballots will be processed and counted.

(d) Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail voter observers shall be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures thereon and challenge whether those individuals handling vote by mail ballots are following established procedures, including all of the following:

(1) Verifying signatures on the vote by mail ballot return envelopes by comparing them to voter registration information.

(2) Duplicating accurately damaged or defective ballots.

(3) Securing vote by mail ballots to prevent tampering with them before they are counted.

(4) Verifying signatures on statements completed pursuant to subdivisions (d) and (e) of Section 3019.

(e) A vote by mail voter observer shall not interfere with the orderly processing of vote by mail ballot return envelopes or the processing and counting of vote by mail ballots, including the touching or handling of the ballots.

(f) A vote by mail voter observer shall not be permitted to challenge a signature on a vote by mail ballot return envelope pursuant to subdivision (a) of Section 3019, or on statements completed pursuant to subdivisions (d) and (e) of Section 3019, on the basis that they believe the signature does not compare with the signatures appearing in the voter’s registration record.

15551.

(a) If a contest or any such criminal prosecution has been commenced before the date fixed for its destruction, the package containing the voted ballots shall be subject to the order of the court in which the contest or criminal prosecution is pending and shall not be destroyed until after final determination of the contest or criminal prosecution.

(b) In the case of a congressional election contest, the elections official shall hold the ballots of that congressional district in custody subject to the inspection of any committee of the House of Representatives having in charge the investigation of the contest, until the final determination of the contest by the House of Representatives.

(c) In the case of a contest in the State Legislature, the elections official shall hold the ballots of the Senate or Assembly district in custody subject to the inspection of any committee of the Senate or Assembly having in charge the investigation of the contest until the final determination of the contest or the final adjournment of the session of the Legislature in which the contest is filed, whichever is the later.

(d) In no event shall the package or its contents be taken from the custody of the elections official.

15553.

(a) In no event shall any individual permit an agent of a law enforcement agency to access, disrupt, modify, or take possession of rosters, combined rosters, or voter lists unless authorized by a court order or to investigate a violation of Section 18560. This subdivision shall not be construed to prohibit an individual, in accordance with a written agreement between the elections official conducting the election and a law enforcement agency pursuant to Section 18544 or Section 18545, to permit agents of that agency to provide logistical, transportation, or security support during the voting period, on election day, or during the canvass of the vote.

(b) For the purposes of this section, “law enforcement agency” means all of the following:

(1) Any law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(2) Any law enforcement agency of another state.

(3) Any federal law enforcement agency.

18544.

(a) Any 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, who is stationed in the immediate vicinity of, or posted at, a polling place is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

(b) This section does not apply to any of the following:

(1) An unarmed uniformed guard or security personnel who is at the polling place to cast their vote.

(2) A peace officer who is conducting official business in the course of their public employment or who is at the polling place to cast their vote.

(3) A private guard or security personnel hired or arranged for by a city or county elections official.

(4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held.

(5) (A) A person described in subdivision (a) who is stationed in the immediate vicinity of, or posted at, a polling place with the written authorization of the appropriate city or county elections official, provided that neither the Secretary of State nor the Attorney General objected to that authorization, in writing, after it was granted.

(B) A person described in subdivision (a) who is stationed or posted at a polling place with written authorization pursuant to subparagraph (A), which is subsequently objected to by the Secretary of State or Attorney General, shall not be subject to criminal penalties pursuant to this section unless the person remained stationed or posted at the polling place after gaining knowledge of the objection.

18545.

(a) Any person who hires or arranges for any other person in possession of a firearm or any uniformed law enforcement officer, private guard, or security personnel or any person who is wearing a uniform of a law enforcement officer, private guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office, is punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code and by a fine not to exceed ten thousand dollars ($10,000).

(b) This section does not apply to any of the following:

(1) The owner or manager of the facility or property in which the polling place is located if the private guard or security personnel is not hired or arranged solely for the day on which the election is held.

(2) A person who hires or arranges for another person described in subdivision (a) to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office pursuant to a court order.

(3) (A) A person who hires or arranges for another person described in subdivision (a) to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office with the written authorization of the appropriate elections official, provided that neither the Secretary of State nor the Attorney General objected to that authorization, in writing, after it was granted.

(B) A person who hires or arranges for another person described in subdivision (a) to be stationed or posted at a polling place or county elections office with written authorization pursuant to subparagraph (A), which is subsequently objected to by the Secretary of State or Attorney General, shall not be subject to criminal penalties pursuant to this section, unless they have knowledge of the objection, and after gaining such knowledge, permits the person they hired or arranged for to remain stationed or posted at the polling place or elections office.

(c) For purposes of this section, “law enforcement officer” means either of the following:

(1) A peace officer as defined in Section 830 of the Penal Code.

(2) An officer or agent of a federal law enforcement agency or any person acting on behalf of a federal law enforcement agency.

18564.5.

(a) The Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, may bring a civil action against an individual, business, or other legal entity that commits any of the following acts before, during, or after an election:

(1) Tampers, interferes, or attempts to interfere with the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software.

(2) Interferes or attempts to interfere with the secrecy of voting or interferes or attempts to interfere with ballot tally software program source codes.

(3) Knowingly, and without authorization, gains access to or provides another person or persons with access to a voting machine for the purpose of committing one of the acts specified by this section.

(4) Willfully substitutes or attempts to substitute forged, counterfeit, or malicious ballot tally software program source codes.

(5) Knowingly, and without authorization, inserts or causes the insertion of uncertified hardware, software, or firmware, for whatever purpose, into any voting machine, voting device, voting system, vote tabulating device, or ballot tally software.

(6) Fails to notify the Secretary of State prior to any change in hardware, software, or firmware to a voting machine, voting device, voting system, or vote tabulating device, certified or conditionally certified for use in this state.

(7) Takes a package containing the voted ballots or its contents from the custody of the elections official in violation of subdivision (d) of Section 15551.

(b) A civil action may be brought pursuant to this section for a civil penalty not to exceed fifty thousand dollars ($50,000) for each act and for injunctive relief, if appropriate.

18568.

Every person is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment, who:

(a) Aids in changing or destroying any poll list or official ballot.

(b) Aids in wrongfully placing any ballots in the ballot container or in taking any therefrom.

(c) Adds or attempts to add any ballots to those legally polled at any election by fraudulently putting them into the ballot container, either before or after the ballots therein have been counted.

(d) Adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while they are being counted or canvassed or at any other time, with intent to change the result of the election, or allows another to do so, when in the person’s power to prevent it.

(e) Carries away or destroys, attempts to carry away or destroy, or knowingly allows another to carry away or destroy, any poll list, ballot container, or ballots lawfully polled or who willfully detains, mutilates, or destroys any election returns.

(f) Removes any unvoted ballots from the polling place before the completion of the ballot count.

(g) Displays a container or provides an envelope for the purpose of collecting or returning ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot or returning a ballot in an unofficial ballot return envelope. Evidence of intent to deceive may include using the word “official” on the container or envelope, or otherwise fashioning the container or envelope in a way that is likely to deceive a voter into believing that the container or envelope is an official collection box or official ballot return envelope that has been approved by an elections official.

(h) Directs or solicits a voter to place a ballot in a container or envelope prohibited by subdivision (g).

(i) Knowingly takes a package containing voted ballots or its contents from the custody of the elections official in violation of subdivision (d) of Section 15551.

19230.

(a) The elections official of any county, city, or city and county using a voting system shall inspect the machines or devices at least once every two years to determine their accuracy. Any county, city, or city and county using leased or rented equipment shall determine if the equipment has been inspected for accuracy within the last two years before using it for any election. The inspection shall be made in accordance with regulations adopted and promulgated by the Secretary of State. The elections official shall certify the results of the inspection to the Secretary of State.

(b) An individual shall not allow an agent of a law enforcement agency to access, disrupt, modify, or take possession of certified voting technology or a portion thereof unless authorized by a court order. This subdivision shall not be construed to prohibit an individual, in accordance with a written agreement between the elections official conducting the election and a law enforcement agency pursuant to Section 18544 or Section 18545, to permit agents of that agency to provide logistical, transportation, or security support during the voting period, on election day, or during the canvass of the vote. For purposes of this subdivision, “certified voting technology” has the same meaning as defined in subdivision (b) of Section 17600.

(c) For the purposes of this section, “law enforcement agency” means all of the following:

(1) Any law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(2) Any law enforcement agency of another state.

(3) Any federal law enforcement agency.