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California Constitution

Article 2 : Voting, Initiative And Referendum, And Recall

  • SEC. 2.5. A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted.

  • SEC. 3. The Legislature shall define residence and provide for registration and free elections.

  • SEC. 4. The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.

  • SEC. 7. Voting shall be secret.


California Elections Code & Voting Machines

Suitable, Secret, Safe

  • 19205 (a) The machine or device and its software shall be suitable for the purpose for which it is intended.

  • 19205 (b) The system shall preserve the secrecy of the ballot.

  • 19205 (c) The system shall be safe from fraud or manipulation.

DRE Touchscreen Machines (no internet, no wireless, no modems)

  • 19251 (b) "Direct recording electronic voting system" means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot.

  • 19250 (f) A direct recording electronic voting system shall not be connected to the Internet at any time.

  • 19250 (g) A direct recording electronic voting system shall not be permitted to receive or transmit official election results through an exterior communication network, including the public telephone system.

  • 19250 (h) A direct recording electronic voting system shall not be permitted to receive or transmit wireless communications or wireless data transfers.

Accessible Paper Audit Trail

  • 19251 (a): "Accessible" means that the information provided on the paper record copy from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component."

  • 19251 (c) "Voter verified paper audit trail" means a component of a direct recording electronic voting system that prints a contemporaneous paper record copy of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot.

  • 19251 (e) "Paper record copy" means an auditable document printed by a voter verified paper audit trail component that corresponds to the voter's electronic vote and lists the contests on the ballot and the voter's selections for those contests. A paper record copy is not a ballot.

  • 19250 (c) As of January 1, 2006, all direct recording electronic voting systems in use on that date, regardless of when contracted for or purchased, shall have received federal qualification and include an accessible voter verified paper audit trail

  • 19250 (d) All direct recording electronic voting systems shall include a method by which a voter may electronically verify, through a nonvisual method, the information that is contained on the paper record copy of that voter's ballot.

  • 19253 (a) On a direct recording electronic voting system, the electronic record of each vote shall be considered the official record of the vote, except as provided in subdivision (b).

  • 19253 (b) (1) The voter verified paper audit trail shall be considered the official paper audit record and shall be used for the required 1-percent manual tally described in Section 15360 and any full recount.

  • 19253 (b) (2) The voter verified paper audit trail shall govern if there is any difference between it and the electronic record during a 1-percent manual tally or full recount.


Observing (Monitoring) Elections

  • 15003. Elections officials shall adopt semifinal official and official canvass procedures to conform to the applicable voting system procedures that have been approved by the Secretary of State. These procedures shall be available for public inspection no later than 29 days before each election.

  • The Elections Code includes the Voter Bill of Rights includes (notes from Jerry Berkman):

    • 2300. (9) (A) You have the right to ask questions about election procedures and observe the elections process.
      (B) You have the right to ask questions of the precinct board and election officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer.

    • 14215 says people can watch the opening of the polls.

    • 15204 says the public can observe at central counting place or places, but access to computer room may be restricted.

    • 15272 says for counting by hand: During the reading and tallying, the ballot read and the tally sheet kept shall be within the clear view of watchers.

    • 15629 - recounts must be public

    • 19370 - watchers can watch closing of polls (applies when voting machines used).




Nobody, and no machine, should be counting votes in secret.

For further information, email Jim Soper at : JimSoper2@yahoo.com
CountedAsCast.com/california/californialaw.php
October 7, 08

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