Title and Text of Proposed Law

–California Tangible Ballot Act of 2008–

The Purpose of the proposed law is to Amend Elections Code §301 as follows: (lined Italics denote deleted portions, bold denotes new text)

Elections Code §301

A "ballot" means any of the following:

(a) A single card with prescored, number positions that is marked by the voter with a punching device and the accompanying reference page or pages containing the names of candidates and the ballot titles of measures to be voted on with numbered positions corresponding to the numbers on the card.

(b) One or more cards upon which are printed the names of the candidates and the ballot titles of measures to be voted on by punching or marking in the designated area.

(c) One or more sheets of paper upon which are printed the names of candidates and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment.

Current subsection to be deleted: (d) A large sheet of paper upon which is printed the names of candidates and ballot titles of measures to be voted on by pressing the designated area on a direct-recording electronic device.

Current subsection to be deleted: (e) An electronic touchscreen upon which appears the names of candidates and ballot titles of measures to be voted on by touching the designated area on the screen of a direct-recording electronic device.

Proposed New Subsection: (d) A tangible physical object which may be written upon, punched, or otherwise indelibly marked by the physical action of the individual voter or the voter's aide, which is ultimately susceptible to content recognition for vote counting purposes by a human being through the use of ordinary human physical senses. Nothing in this subsection is intended to prohibit or limit the use of electronic and/or mechanical devices, including electronic touchscreen devices, so long as a tangible ballot, printed on paper or otherwise tangible, results from use of such electronic and/or mechanical devices, and such tangible ballot is then used for all vote counting purposes, and each voter shall have the opportunity to physically possess such marked ballot for personal examination prior to its being cast into a ballot box to be counted.

Proposed new Subsection: (e) Nothing in this section shall prohibit the use of electronic and/or mechanical equipment, including touchscreen electronic equipment, for the purpose of assisting individuals with disabilities to vote, so long as a tangible ballot, printed on paper or otherwise tangible, results from the use of such electronic and/or mechanical equipment, and each such ballot is available to the voter for his or her optional examination through means appropriate for that person's disability, prior to its being cast into a ballot box to be counted, so as to provide the same opportunity for access and participation (including privacy and independence) as for other voters.

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