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Home   »  News  »  Breaking News  »  California Governor Schwarzenegger ...


California Governor Schwarzenegger signs SB 370

Measure requires that the voter-verified paper audit trail be used for mandatory audits and recounts
by Bob Kibrick
October 7th, 2005

On Friday night, October 7, California Governor Arnold Schwarzenegger signed SB 370 into law.


SB 370 requires that the voter-verified paper audit trails printed by direct recording electronic (DRE) voting machines be used in conducting the mandatory audits that are already required of all voting systems in California, as well as for any recounts that result from those audits. SB 370 will help to verify the accuracy of the electronic vote tabulations generated by electronic voting machines.



VerifiedVoting.org greatly appreciates this action by the Governor to help ensure the integrity of California's elections, and we thank all of the many individuals and groups who worked with such dilliegence to secure the enactment of this vital legislation.


The text of SB 370


VerifiedVoting.org's informational page on SB 370


Governor Schwarzenegger's message on signing SB 370


To the Members of the California State Senate:


I signed Senate Bill 1438 last year, which required direct recording electronic voting machines to include an accessible voter verified paper audit trail because I believed that it would contribute greatly to voter confidence and the integrity of the election system. I am signing Senate Bill 370 this year that allows the voter verified paper audit trail to be used for a recount and requires they be used for the 1-percent manual tally.

The Secretary of State has expressed concerns about this measure, which I share. The most notable of these concerns is raised by the disability community on whether the voter verified paper audit trail can be adequately confirmed by sight-impaired voters. I urge the legislature, the local elections officials, and other interested parties to work with the Secretary of State to perfect a comprehensive solution for electronic voting system verification. In the meantime, I am signing this measure because I believe that using the voter verified paper audit trails to audit the accuracy of overall election results will provide confidence in the accuracy and integrity of votes cast on these machines to California voters.

Sincerely,

Arnold Schwarzenegger



Press Release from Senator Bowen's Office about the bill signing


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 [DRE’s] 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.”

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  • "The core of our American democracy is the right to vote. Implicit in that right is the notion that that vote be private, that vote be secure, and that vote be counted as it was intended when it was cast by the voter. And I think what we're encountering is a pivotal moment in our democracy where all of that is being called into question." (more here)

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