California 2013-2014 Regular Session Status: Passed Assembly

AB 1360 — Common interest developments: electronic voting.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. These provisions require that a common interest development be managed by an association and that elections related to the governance or administration of the common interest development conform to specified requirements, including, among other things, the requirement that the association adopt rules to allow one or more inspectors to appoint or oversee independent 3rd parties to verify signatures and count and tabulate votes. Existing law authorizes a secret paper ballot to be distributed and voted upon by the membership without a meeting, and imposes other requirements relating to proxies and secret ballots. Existing law authorizes a member of an association to bring a civil action to enforce his or her rights and authorizes a court to impose a civil penalty of up to $500 for a violation of the provisions governing elections. Existing law requires that the sealed ballots remain in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed for challenging the election has expired, when custody is required to be transferred to the association. This bill would authorize an association to conduct elections by electronic voting, as specified, and would enact related provisions. The bill would require an association, if electronic voting is to be conducted, to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide ballots, as specified. The bill would require the electronic balloting service provider to retain the electronically submitted ballot data until the time allowed for challenging the election has expired. This bill set forth minimum requirements of an electronic voting system for an association's election. The bill would also authorize the Secretary of State to study and adopt regulations governing the use of electronic voting systems to determine whether the systems are capable of complying with these requirements. The bill would also declare the Legislature's intent in this regard.

Bill Text

Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, first hearing. Failed passage.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. Referred to Com. on JUD.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 3. Page 1325.)

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 1).

  11. Re-referred to Com. on H. & C.D.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  13. Referred to Com. on H. & C.D.

  14. Read first time.

  15. From printer. May be heard in committee March 26.

  16. Introduced. To print.

Sponsors

  • Gordon · Cosponsor
  • Torres · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Torres

Co-sponsors (1)

  • Gordon

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 1360 TORRES Assembly Third Reading

Passed 69 Yea · 3 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 60206
Democratic 5101
Republican 4000
Total 69307
% of votes cast 87%4%0%9%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Nazarian — Yea
Pan — Yea
Ting — Yea
Waldron — Not Voting
Wieckowski — Yea
Wilk — Yea
Cooley — Yea
Stone — Yea
Lowenthal — Yea
Linder — Yea
Gray — Yea
Atkins — Yea
Mansoor — Yea
Mitchell — Yea
Skinner — Yea
Gordon — Yea
Torres — Yea
Bloom — Yea
Campos — Yea
Eggman — Yea
Fox — Yea
Bonilla — Yea
Gatto — Nay
Morrell — Yea
Mullin — Yea
Bocanegra — Yea
John A. Pérez — Yea
Nestande — Yea
Salas — Yea
Perea — Yea
Rendon — Yea
Hall — Yea
Harkey — Yea
Chau — Yea
Chesbro — Yea
Levine — Yea
Medina — Yea
Melendez — Yea
Chávez — Yea
Conway — Yea
Daly — Not Voting
Donnelly — Nay
Olsen — Yea
Wagner — Yea
Weber — Yea
Williams — Yea
Quirk — Yea
Ammiano — Not Voting
Holden — Not Voting
Logue — Not Voting
Hagman — Yea
Dickinson — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Not Voting
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Brown — Yea
Maienschein — Yea
Mullin — Yea
Torres — Yea
Atkins — Yea
Chau — Yea
Beth Gaines — Yea

Official roll call →

Subjects

elections technology
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Frequently asked questions

What does AB 1360 do?
Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. These provisions require that a common interest development be managed by an association and that elections related to the governance or administration of the common interest development conform to specified requirements, including, among other things, the requirement that the association adopt rules to allow one or more inspectors to appoint or oversee independent 3rd parties to verify signatures and count and tabulate votes. Existing law authorizes a secret paper ballot to be distributed and voted upon by the membership without a meeting, and imposes other requirements relating to proxies and secret ballots. Existing law authorizes a member of an association to bring a civil action to enforce his or her rights and authorizes a court to impose a civil penalty of up to $500 for a violation of the provisions governing elections. Existing law requires that the sealed ballots remain in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed for challenging the election has expired, when custody is required to be transferred to the association. This bill would authorize an association to conduct elections by electronic voting, as specified, and would enact related provisions. The bill would require an association, if electronic voting is to be conducted, to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide ballots, as specified. The bill would require the electronic balloting service provider to retain the electronically submitted ballot data until the time allowed for challenging the election has expired. This bill set forth minimum requirements of an electronic voting system for an association's election. The bill would also authorize the Secretary of State to study and adopt regulations governing the use of electronic voting systems to determine whether the systems are capable of complying with these requirements. The bill would also declare the Legislature's intent in this regard.
Who sponsors AB 1360?
AB 1360 is sponsored by Gordon and Torres.
What is the current status of AB 1360?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 AB 1360?
Track AB 1360 free on One Click Politics — get push/email alerts when it moves.

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