Bill Text: CA AB44 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elections: statewide recounts.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 723, Statutes of 2015. [AB44 Detail]

Download: California-2015-AB44-Introduced.html

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BILL NUMBER: AB 44	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        DECEMBER 1, 2014

   An act to amend Section 15626 of, and to add Article 5 (commencing
with Section 15645) to Chapter 9 of Division 15 of, the Elections
Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 44, as introduced, Mullin. Elections: statewide recounts.
   Existing law establishes procedures by which a voter may request a
recount of the votes cast in an election following completion of the
official canvass. Under existing law, the voter seeking the recount
is required, before the recount is commenced and at the beginning of
each subsequent day, to deposit with the elections official the
amount of money required by the elections official to cover the cost
of the recount for that day.
   This bill would require the Secretary of State to order an
automatic manual recount of all votes cast for a statewide office,
the office of President of the United States, or a state ballot
measure if the difference in the number of votes received is less
than or equal to 0.1%, as specified. By imposing new duties on local
elections officials, this bill would impose a state-mandated local
program.
    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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 15626 of the Elections Code is amended to read:

   15626.  The recount shall be commenced not more than seven days
following the receipt by the elections official of the request 
or order  for the recount under Section  15620 
 15620, 15621,  or  15621,   15645
 and shall be continued daily, Saturdays, Sundays, and holidays
excepted, for not less than six hours each day until completed. The
recount shall not be commenced until the first day following
notification of the individuals specified in Section 15628.
  SEC. 2.  Article 5 (commencing with Section 15645) is added to
Chapter 9 of Division 15 of the Elections Code, to read:

      Article 5.  Automatic Recounts


   15645.  (a) (1) Within five days after the Secretary of State
files a statement of the vote, as required by subdivision (b) of
Section 15501, the Secretary of State shall order an automatic manual
recount of all votes cast for a statewide office or state ballot
measure if any of the following occurs:
   (A) The official canvass of returns in a statewide primary
election shows that the difference in the number of votes received by
the second and third place candidates for a statewide office is less
than or equal to one-tenth of 1 percent of the number of all votes
cast for both candidates, except as provided in paragraph (2).
   (B) The official canvass of returns in a statewide general
election shows that the difference in the number of votes received by
the two candidates receiving the greatest number of votes for a
statewide office is less than or equal to one-tenth of 1 percent of
the number of all votes cast for both candidates.
   (C) The official canvass of returns in a statewide election shows
that the difference in the number of votes cast for and against a
state ballot measure is less than or equal to one-tenth of 1 percent
of the number of all votes cast on the measure.
   (2) The Secretary of State shall not order an automatic manual
recount of all votes cast for the office of Superintendent of Public
Instruction if the official canvass of returns in a statewide primary
election shows that a candidate received a majority of all votes
cast.
   (3) For purposes of this subdivision, "statewide office" means the
office of Governor, Lieutenant Governor, Attorney General,
Controller, Insurance Commissioner, Secretary of State,
Superintendent of Public Instruction, Treasurer, or Member of the
United States Senate.
   (b) Within five days after the Secretary of State files a
statement of the vote, as required by subdivision (b) of Section
15501, the Secretary of State shall order an automatic manual recount
of all votes cast for the office of President of the United States
if either of the following occurs:
   (1) The official canvass of returns in a statewide presidential
primary election for a political party that received the greatest or
second-greatest number of votes in that presidential primary election
shows that the difference in the number of votes received by the
first and second place candidates for the nomination of that party
for the office of President is less than or equal to one-tenth of 1
percent of the number of all votes cast for both candidates.
   (2) The official canvass of returns in a statewide general
election shows that the difference in the number of votes received by
the two candidates receiving the greatest number of votes for the
office of President is less than or equal to one-tenth of 1 percent
of the number of all votes cast for both candidates.
   (c) It is the intent of the Legislature to fully reimburse
counties for costs resulting from conducting an automatic manual
recount required by this section in an expeditious manner upon
certification of those costs. A candidate shall not be charged for an
automatic manual recount required by this section.
   15646.  Upon ordering a recount pursuant to subdivision (a) or (b)
of Section 15645, the Secretary of State shall notify the elections
official of each county and shall direct the county elections
officials to recount all the votes cast for the office or for and
against the state ballot measure. The elections official in each
county shall commence the recount within seven days of receiving
notice under this section.
   15647.  All the provisions of Article 3 (commencing with Section
15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627,
shall apply to this article unless otherwise provided herein.
   15648.  The Secretary of State may adopt, amend, and repeal rules
and regulations necessary for the administration of this article.
  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.