California 2009-2010 Regular Session Status: To Executive

SB 541 — Elections: ballot cards and voting systems.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the Secretary of State to adopt regulations governing the manufacture, distribution, and inventory control of punchcards, and requiring the inspection of facilities that manufacture and store punchcards. Existing law requires the Secretary of State to approve a punchcard manufacturer prior to the manufacturer's providing of punchcards for use in California elections. This bill would instead require the Secretary of State to adopt regulations governing the manufacture, finishing, quality standards, and inventory control of ballot cards, and requiring the biennial inspection of facilities that manufacture, finish, and store ballot cards. The bill would require that, no later than 5 days prior to inspection, the ballot card manufacturer or finisher disclose to the Secretary of State known flaws or defects in its current or past manufacturing or finishing process of ballot cards or manufactured or finished ballot cards that could adversely affect the casting or tallying of votes. The bill would require a manufacturer or finisher of ballot cards to notify the Secretary of State and affected local elections officials of defects that would adversely affect the casting or tallying of ballot cards that it discovers after approval by the Secretary of State within 2 business days of their discovery. Existing law provides for a revolving fund that is continuously appropriated for the purpose of purchasing ballot paper and punchcards. This bill would repeal these provisions. Existing law provides that a person or corporation owning or being interested in a voting system or part of a voting system may apply to the Secretary of State to examine it and report on its accuracy and efficiency to fulfill its purpose. Existing law requires the Secretary of State to issue a report regarding whether, in his or her opinion, the voting system or part of a voting system can be safely used. This bill would instead require that a vendor of a voting system or part of a voting system include in its application to the Secretary of State notification of a known defect, fault, or failure of the hardware, software, or firmware of the voting system or a part of the voting system. The bill would also require the vendor to notify the Secretary of State of such a defect, fault, or failure discovered either after the vendor submitted his or her application but prior to the issuance of the Secretary of State's report or after the voting system or the part of a voting system is approved by the Secretary of State. The bill would also require the Secretary of State to notify and issue a report to the United States Election Assistance Commission regarding the defects, faults, or failures made known by the vendor at the initiation of, during, or after the approval process. Existing law permits the Secretary of State to seek damages for an unauthorized change in hardware, software, or firmware in a certified or conditionally certified voting system. This bill would also permit the Secretary of State to seek civil penalties for a known but undisclosed defect, fault, or failure in an approved or conditionally approved voting system and for a failure to comply with notification requirements concerning the defect, fault, or failure and to seek a refund of payment made for the voting system or part of the system.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 1 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 26. Noes 14. Page 2387.) To enrollment.

  6. In Senate.

  7. Read third time. Passed. (Ayes 50. Noes 29. Page 3229.) To Senate.

  8. Read third time. Amended. To third reading.

  9. Read second time. To third reading.

  10. Read second time. Amended. To second reading.

  11. (Heard in committee on August 19.)

  12. From committee: Do pass as amended. (Ayes 12. Noes 5.)

  13. Read second time. Amended. Re-referred to Com. on APPR.

  14. (Heard in committee on July 7.)

  15. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 2.)

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E. & R.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E. & R.

  18. To Com. on E. & R.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 22. Noes 15. Page 891.) To Assembly.

  21. Read second time. To third reading.

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  23. Set for hearing May 4.

  24. Hearing postponed by committee.

  25. Set for hearing April 27.

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  27. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 3. Noes 2. Page 382.) Re-referred to Com. on APPR.

  28. Set for hearing March 31.

  29. To Com. on E., R. & C.A.

  30. Read first time.

  31. From print. May be acted upon on or after March 30.

  32. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Pavley · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Pavley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Supp 1 SB541 Pavley

Passed 27 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 251300
Republican 0100
Democratic 2000
Total 271400
% of votes cast 66%34%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Liu — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Wyland — Nay
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Cogdill — Nay
McLeod — Yea
Oropeza — Yea
Dutton — Nay
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Alquist — Yea
Ashburn — Yea
Aanestad — Nay
Benoit — Nay
Harman — Nay
Maldonado — Nay
Pavley — Yea
Price — Yea
Wiggins — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 541 Pavley Senate Third Reading By PEREZ, J.

Passed 59 Yea · 32 Nay
Party YeaNayPresentNot Voting
Unaffiliated 553000
Democratic 3000
Republican 1200
Total 593200
% of votes cast 65%35%0%0%
How each member voted (91)
Member Party Vote
Hall — Yea
V. — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Beall — Yea
Block — Yea
Coto — Yea
Krekorian — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Yamada — Yea
Fletcher — Nay
Audra — Nay
Duvall — Nay
Garrick — Nay
Hagman — Nay
Jeffries — Nay
Adams — Nay
Anderson — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Conway — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Hall — Yea
Audra — Nay
Coto — Yea
Harkey — Nay
Hill — Yea
Miller — Nay
Skinner — Yea
Solorio — Yea
Ammiano — Yea
Duvall — Nay
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB541 Pavley

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211401
Democratic 2001
Republican 0100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Harman — Nay
Runner — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ducheny — Yea
Oropeza — Yea
Benoit — Nay
Dutton — Nay
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Hollingsworth — Nay
Maldonado — Nay
Pavley — Yea
Wright — Yea
Cedillo — Not Voting
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 541 do?
Existing law requires the Secretary of State to adopt regulations governing the manufacture, distribution, and inventory control of punchcards, and requiring the inspection of facilities that manufacture and store punchcards. Existing law requires the Secretary of State to approve a punchcard manufacturer prior to the manufacturer's providing of punchcards for use in California elections. This bill would instead require the Secretary of State to adopt regulations governing the manufacture, finishing, quality standards, and inventory control of ballot cards, and requiring the biennial inspection of facilities that manufacture, finish, and store ballot cards. The bill would require that, no later than 5 days prior to inspection, the ballot card manufacturer or finisher disclose to the Secretary of State known flaws or defects in its current or past manufacturing or finishing process of ballot cards or manufactured or finished ballot cards that could adversely affect the casting or tallying of votes. The bill would require a manufacturer or finisher of ballot cards to notify the Secretary of State and affected local elections officials of defects that would adversely affect the casting or tallying of ballot cards that it discovers after approval by the Secretary of State within 2 business days of their discovery. Existing law provides for a revolving fund that is continuously appropriated for the purpose of purchasing ballot paper and punchcards. This bill would repeal these provisions. Existing law provides that a person or corporation owning or being interested in a voting system or part of a voting system may apply to the Secretary of State to examine it and report on its accuracy and efficiency to fulfill its purpose. Existing law requires the Secretary of State to issue a report regarding whether, in his or her opinion, the voting system or part of a voting system can be safely used. This bill would instead require that a vendor of a voting system or part of a voting system include in its application to the Secretary of State notification of a known defect, fault, or failure of the hardware, software, or firmware of the voting system or a part of the voting system. The bill would also require the vendor to notify the Secretary of State of such a defect, fault, or failure discovered either after the vendor submitted his or her application but prior to the issuance of the Secretary of State's report or after the voting system or the part of a voting system is approved by the Secretary of State. The bill would also require the Secretary of State to notify and issue a report to the United States Election Assistance Commission regarding the defects, faults, or failures made known by the vendor at the initiation of, during, or after the approval process. Existing law permits the Secretary of State to seek damages for an unauthorized change in hardware, software, or firmware in a certified or conditionally certified voting system. This bill would also permit the Secretary of State to seek civil penalties for a known but undisclosed defect, fault, or failure in an approved or conditionally approved voting system and for a failure to comply with notification requirements concerning the defect, fault, or failure and to seek a refund of payment made for the voting system or part of the system.
Who sponsors SB 541?
SB 541 is sponsored by Pavley.
What is the current status of SB 541?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 541?
Track SB 541 free on One Click Politics — get push/email alerts when it moves.

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