Elections: redistricting information., the official text

An act to amend Section 21000 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

Proposition 11, which was approved by the voters at the November 4, 2008, statewide general election, establishes the Citizens Redistricting Commission and requires the commission to adjust the boundary lines of State Senate and Assembly districts. Proposition 11 also requires the Legislature to ensure that a complete and accurate computerized database is available for redistricting, and that the public is given access to redistricting data. Existing law requires each county elections official to compile and make available to the Legislature any information and statistics that may be necessary for use in connection with the reapportionment of legislative districts, including precinct maps and election returns for each precinct.
This bill would provide that the information and data compiled by county elections officials may be provided to any appropriate designee of the Legislature. The bill would require each county elections official to also provide a master street index file that may be used to identify the associated precinct for a given street address in the county. The bill would require the Legislature or an appropriate designee, in conjunction with the Secretary of State, to establish a secure electronic process for county elections officials to submit the information and data. The bill would make the complete, unredacted election returns for each precinct confidential, as provided. By requiring county elections officials to perform additional duties, the bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 21000 of the Elections Code is amended to read:
21000.
(a) The county elections official in each county shall compile and make available to the Legislature or any appropriate designee of the Legislature any information and data that may be necessary for use in connection with redistricting, including for the preparation of a complete and accurate computerized database for redistricting in accordance with subdivision (b) of Section 8253 of the Government Code. This information shall include, but is not limited to, all of the following:
(1) Precinct maps for both registration and election precincts indicating the boundaries of incorporated cities, wards or city council districts, school districts, judicial districts, Assembly districts, senatorial districts, congressional districts, State Board of Equalization districts, and county supervisorial districts.
(2) The complete, unredacted election returns for each election precinct, and election returns for each registration and election precinct reflecting the number of registered voters and the vote total for all ballots cast, including both the number of ballots cast by mail ballots and the number of ballots cast at polling places, compiled pursuant to Section 15321 in the county at each statewide election.
(3) A master street index file that may be used to identify the associated precinct for a given street address in the county.
(b) The Legislature or any appropriate designee of the Legislature, in conjunction with the Secretary of State, shall take all steps necessary to establish a secure electronic process that allows county elections officials to submit the information and data required pursuant to subdivision (a). This process shall include safeguards to protect the security and integrity of the submitted information. Precinct maps submitted pursuant to subdivision (a) shall be submitted in geographic information system format, and election returns shall be submitted in comma-separated values files or tab-separated values files. Other information and data submitted pursuant to subdivision (a) shall be submitted in an open format that is machine-readable.
(c) (1) The complete, unredacted election returns for each precinct provided in accordance with subdivision (a) shall be received and maintained on a confidential basis and protected from public disclosure, including disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Legislative Open Records Act (Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code).
(2) Election returns received pursuant to subdivision (a) shall not be publicly posted or publicly disclosed for any contest from a precinct in which fewer than 10 voters cast ballots at an election. Information that is publicly disclosed about the election returns from a precinct in which fewer than 10 voters cast ballots may include the total number of people who voted at the precinct and a breakdown of the number of people who voted by political party preference.

SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 21000 of the Elections Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, while also gathering data necessary for the preparation of a complete and accurate computerized database for redistricting as required by subdivision (b) of Section 8253 of the Government Code, it is necessary that election results remain confidential for precincts in which a small number of voters cast ballots at an election.

SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.