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WOO HOO! Champagne time to celebrate the safe passage of SB 370 that allows Californian's to read their hard-earned paper ballots, as well as passage of the voter signature privacy bill.
Thanks to everyone who worked so incredibly hard to see that this day would come!
(I'm sorry to hear about the other important that would have revealed who funded measures that appear on the ballot, but . . . . at least it's not ALL bad news).
Spread the word!
#: ) Einsteinia
FOR IMMEDIATE RELEASE CONTACT:Evan Goldberg October 7, 2005 (916) 651-4028/(916) 855-9176
GOVERNOR SIGNS A PAIR OF BOWEN ELECTION
REFORM MEASURES AND VETOES TWO OTHERS
BOWEN BILLS TO ENSURE THE ACCURACY OF ELECTION
NIGHT RESULTS AND PROTECT VOTER PRIVACY WILL BECOME LAW,
WHILE EFFORTS TO IMPROVE INITIATIVE DISCLOSURE REQUIREMENTS
& COUNT BALLOTS FOR WRITE-IN CANDIDATES ARE VETOED BY GOVERNOR
SACRAMENTO ? ?People need and deserve to know their votes have been counted accurately, and the best way to ensure that happens is to use the paper printout that the voter has already verified as being accurate and check it against the results tallied by the electronic machine.?
That?s how Senator Debra Bowen (D-Redondo Beach), the chairwoman of the Senate Elections, Reapportionment & Constitutional Amendments Committee responded to the Governor?s decision to sign SB 370 into law tonight.
?This isn?t complicated, either you care about whether the election results are accurate or you don?t,? said Bowen. ?I don?t see how the Secretary of State, who led the opposition to the bill, could say with straight face that he?s for fair elections, he?s for having a paper trail on electronic voting machines, yet he?s against using that paper trail to ensure the accuracy of the vote count.?
California law requires all electronic voting machines to be equipped with an accessible voter-verified paper audit trail (AVVPAT) as of January 1, 2006. Under a separate 40-year-old California law, elections officials are required to conduct a public manual tally of the ballots cast in at least 1% of the precincts chosen at random to check the accuracy of votes tabulated by an electronic or mechanical voting system. SB 370 requires elections officials to use the AVVPAT to comply with California?s 1% manual law and to use the AVVPAT it in the event of a recount.
The California Association of Clerks & Elections Officials opposed SB 370 even though it noted that the ?. . . the possibility exists that the internal audit trail . . . could be programmed to print different results.?
?That?s precisely why it was critical for the Governor to sign this bill,? continued Bowen. ?When the very elections officials who are buying these machines admit the election results can be manipulated and oppose a bill designed to audit the machine?s results, you?ve really got to wonder whose side they?re on. I?m glad the Governor realizes the importance of an accurate vote count, I just wish his Secretary of State shared that conviction and didn?t think tallying the results quickly was more important.?
SB 1016 (Bowen) was also signed Friday evening, which protects the confidentiality of voter signatures by making signatures confidential the same way Social Security numbers (SSNs) and driver's license numbers on voter records are protected. Under the bill, neither county registrars nor the Secretary of State's office could ever provide paper or digitized copies of voter signatures to anyone. To ensure the process of counting absentee ballots remains open and accountable, SB 1016 requires signatures to remain viewable by the public as they watch the vote count and exercise their right to challenge signatures on absentee ballot envelopes. The bill also helps people registering to vote protect their privacy by requiring voter registration forms to request only the last four digits of Social Security numbers, not the entire number, and to inform victims of domestic violence that they have a right to keep their personal data confidential.
?The notion that someone could get an electronic copy of every registered voter?s signature in this state just by asking for it and writing a check for $30 is pretty astounding,? continued Bowen. ?We?ve worked hard to keep people?s Social Security numbers, their driver?s license numbers and other personal information off limits from potential identity thieves and signatures should be no > exception.?
SB 469 (Bowen) was vetoed by the Governor on Friday. It sought to require people circulating initiative petitions to disclose the measure?s five largest contributors and to update that list of contributors every seven days. Furthermore, the bill would have required initiative petitions to say whether the signature gatherers are volunteers or are being paid to collect signatures.
?People deserve to know where the money?s coming from and who stands to benefit from an initiative before they sign on the bottom line,? said Bowen, the chairwoman of the Senate Elections, Reapportionment & Constitutional Amendments Committee. ?It?s the next best thing to a ?truth in political advertising? law.?
In his veto message, the Governor wrote:
?This bill attacks the initiative process and makes it more difficult for the people of California to gather signatures and qualify measures for the ballot. While difficulty of the process may be a good thing for big-money special interests and for political consultants who stand to gain financially, it is not for everyday Californians with an idea for reform.?
?The Governor?s belief that somehow ?everyday Californians? are better off when they can?t find out who?s paying for an initiative campaign when they?re being asked to sign a petition to put something on the ballot is both wrong and ridiculous,? said Bowen. ?Now, I?m sure the Governor-backed Propositions 74, 76, and 77 would have had a much harder time qualifying for the ballot if voters knew which big money corporations were spending hundreds of thousands of dollars to qualify them. The only people this bill would have hurt are those folks who are trying to mislead voters into signing an initiative petition. Frankly, if voters find out the money behind the ?People For Motherhood & Apple Pie? initiative committee is really coming from the oil and pesticide industries and they don?t want to sign an initiative petition, I don?t think that?s such a bad thing.?
The Governor also vetoed SB 1050 (Bowen) tonight, a measure aimed at preventing a repeat of San Diego?s ?Bubblegate? election from November 2004.
SB 1050 simply would have required county registrars of voters to count write-in ballots for candidates if they can determine who the voter intended to cast their ballot for.
?A law that was designed to let county registrars conveniently run ballots through a tabulator without having to look at each one to see if there was a write-in candidate on it was used to toss more than 5,500 votes out the window and change the winner of an election in California,? said Bowen. ?That should bother anyone who cares about the integrity of our electoral system. A law designed to speed up the count on election night shouldn?t be used to disenfranchise voters and make it harder for write-in candidates to get elected.?
In the 2004 San Diego mayoral election, 5,551 votes for a write-in candidate weren?t counted in the official tally, because although the voters penned in the candidate?s name, they didn?t darken the oval next to the line where they wrote in the candidate?s name. As a result of those votes being excluded, the write-in candidate finished second instead of first in the race for mayor, falling 2,108 votes short.
In the Governor?s veto message, he said SB 1050 would lead to a delay in certifying the election results and require county elections officials to review every mark on ballots even in situations where it would be virtually impossible for the candidate challenging the vote to prevail.
?This comes down to a question of whether you believe people have a right to have their vote counted,? continued Bowen. ?To say we?re not going to count votes because it might not fit with some bureaucratic schedule for certifying the vote is pretty ridiculous. Furthermore, the bill only would have only applied in cases where the qualified write-in candidate had a mathematical chance to win the election, such as in San Diego where Donna Frye lost by 2,108 votes when the county registrar refused to award 5,551 unbubbled write-in vote for Fry to her.?
Elections officials can already determine the voters? intent in two cases where the voter hasn?t properly filled out the ballot. First, if the ballot tabulator doesn?t read a ballot, an elections official can determine the voter intended to vote for the candidate next to a slightly darkened oval and can fully darken it to allow the machine to read it. Second, an elections official can correct misspellings by looking at the name of a candidate written in by the voter and ?determine? whether it?s a ?reasonable facsimile? of the qualified write-in candidate?s name.
?What ought to be apparent to everyone is that people who take the time to actually write in a candidate?s name deserve to have their votes counted when it?s obvious who they intended to vote for,? continued Bowen. ?Isn?t that why we hold elections, to make sure the person who gets the most votes is actually elected? We hold elections for the voters ? not for candidates and not for county registrars, but for the voters and that?s what this bill was really all about.?
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