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

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-Amended.html

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BILL NUMBER: AB 44	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2015

INTRODUCED BY   Assembly Member Mullin
    (   Coauthors:   Assembly Members 
 Bonta   and Gonzalez   ) 
    (   Coauthor:   Senator   Anderson
  ) 

                        DECEMBER 1, 2014

   An act to amend  Section 15626   Sections
15370, 15601, 15620, 15621, 15626, 15627, 15632, and 19203  of,
 to add Section 15621.5 to,  and to add  and repeal
 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 amended, Mullin. Elections: statewide recounts. 
   (1) Existing law prohibits a county elections official from
opening a ballot after it is counted and sealed, except in certain
circumstances, including a recount.  
   This bill would require a county elections official to store
sealed ballots in a manner facilitating the retrieval of any
particular ballot in that event.  
   (2) Existing law requires the Secretary of State to adopt
regulations relating to the use of voting systems in recounting
ballots.  
   This bill would also require the Secretary of State to adopt
regulations relating to the charges a county elections official may
impose when conducting a manual recount. 
    (3)    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 requires a voter to make this request
within 5 days beginning on the 29th day after the election. 

   This bill would instead permit a voter to file a request for a
recount within 5 days beginning on the 30th day after the election.
 
   (4) Any time during the conduct of a recount and for 24 hours
thereafter, existing law permits any other voter to request a recount
of any precincts in an election for the same office, slate of
presidential electors, or measure not recounted as a result of the
original request. Existing law also provides that, where applicable,
a voter requesting a recount may select whether the recount shall be
conducted manually, or by means of the voting system used originally,
or both.  
   This bill would instead require a voter to select whether the
recount is to be conducted manually, or by means of the voting system
used originally, but not both. This bill would also specify that if
more than one voter requests a recount of the same office, slate of
presidential electors, or measure, and at least one request is for a
manual recount, then the county elections official of any county
subject to multiple requests is only obligated to conduct one manual
recount of the ballots subject to the request, and that those results
will control. 
    (5)     Under  existing law, the voter
seeking  the   a  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   permit a voter to request a state-funded
 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%,   the lesser o   f 1000
votes   or 0.015%,  as specified.  By imposing
  This bill would also require a county elections
official to review rejected ballots as part of a state-funded
recount. This bill would repeal the provisions relating to
state-funded recounts as of January 1, 2023.  
   (6) Under existing law, upon completion of a recount showing that
a different candidate was nominated or elected, that a different
presidential slate of electors received a plurality of the votes, or
that a measure was defeated instead of approved or approved instead
of defeated, the result of the recount in each affected precinct is
entered and is thereafter considered the official return of the
affected precincts. Existing law provides that if an office, slates
of presidential electors, or measure is voted on statewide, the
results of any recount are null and void unless each vote cast for
the office, slates, or measure in any county specified in the request
for recount is recounted.  
   This bill would instead provide that if an office, slates of
presidential electors, or measure is voted on statewide, the results
of any recount are null and void unless each vote cast statewide for
the office, slates, or measure is recounted.  
   (7) Existing law requires the Secretary of State to certify or
conditionally approve a voting system prior to any election at which
it is to be used, as specified. Existing law prohibits the Secretary
of State from certifying or conditionally approving a voting system
or part of a voting system that uses paper ballots if the paper
cannot maintain its integrity and readability throughout the
retention period.  
   This bill would also prohibit the Secretary of State from
certifying or conditionally approving a voting system that cannot
facilitate the conduct of a ballot level comparison risk-limiting
audit. 
    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 15370 of the  
Elections Code   is amended to read: 
   15370.   (a)    After ballots are counted and
sealed, the elections official may not open any ballots nor permit
any ballots to be opened except as permitted in Sections 15303 and
15304, or in the event of a recount. 
   (b) The county elections official shall store sealed ballots in a
manner facilitating the retrieval of any particular ballot in the
event of a recount. 
   SEC. 2.    Section 15601 of the   Elections
Code   is amended to read: 
   15601.   (a)    The Secretary of State, within
the Secretary of State's existing budget, shall adopt regulations no
later than January 1, 2008, for each voting system approved for use
in the state and specify the procedures for recounting ballots,
including vote by mail and provisional ballots, using those voting
systems. 
   (b) The Secretary of State shall adopt regulations, no later than
January 1, 2018, establishing uniform guidelines for charges a county
elections official may impose when conducting a manual recount
pursuant to this chapter. 
   SEC. 3.    Section 15620 of the   Elections
Code   is amended to read: 
   15620.   (a)    Following completion of the
official canvass and again following completion of any postcanvass
risk-limiting audit conducted pursuant to Section 15560, any voter
may, within five days thereafter, file with the elections official
responsible for conducting an election in the county wherein the
recount is sought a written request for a recount of the votes cast
for candidates for any office, for slates of presidential electors,
or for or against any measure, provided the office, slate, or measure
is not voted on statewide. The request shall specify on behalf of
which candidate, slate of electors, or position on a measure
(affirmative or negative) it is filed. 
   If 
    (b)     If  an election is conducted
in more than one county, the request for the recount may be filed by
any voter within five days, beginning on the  29th 
 30th  day after the election, with the elections official
of, and the recount may be conducted within, any or all of the
affected counties. 
   For 
    (c)     For  the purposes of this
section, "completion of the canvass" shall be presumed to be that
time when the elections official signs the certified statement of the
results of the election except that, in the case of a city election,
if a city council canvasses the returns itself and does not order
the elections official to conduct the canvass, "completion of the
canvass" shall be presumed to be that time when the governing body
declares the persons elected or the measures approved or defeated.
   SEC. 4.   Section 15621 of the   Elections
Code   is amended to read: 
   15621.   (a)    Following completion of the
official canvass any voter may, within five days beginning on the
 29th   30th  day after a statewide
election, file with the Secretary of State a written request for a
recount of the votes cast for candidates for any statewide office or
for or against any measure voted on statewide. Additionally, any
voter may file with the Secretary of State a written request for a
recount of the votes cast for candidates for any statewide office or
for or against any measure voted on statewide within five days
following completion of any postcanvass risk-limiting audit conducted
pursuant to Section 15560. A request filed pursuant to this section
shall specify in which county or counties the recount is sought and
shall specify on behalf of which candidate, slate of electors, or
position on a measure (affirmative or negative) it is filed. 

   The 
    (b)     The  Secretary of State shall
forthwith send by registered mail one copy of the request to the
elections official of each county in which a recount of the votes is
sought. 
   All 
    (c)     All  the other provisions of
this article shall apply to recounts conducted under this section.
   SEC. 5.    Section 15621.5 is added to the  
Elections Code   , to read:  
   15621.5.  If more than one voter requests a recount of the same
office, slate of presidential electors, or measure pursuant to
Section 15620 or 15621, and at least one request is for a manual
recount, the county elections official of a county subject to
multiple requests as described in this section shall conduct only one
manual recount of the ballots subject to recount, the result of
which shall be controlling. 
   SECTION 1.   SEC. 6.   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, 15621, or 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. 7.    Section 15627 of the   Elections
Code   is amended to read: 
   15627.  (a) If in the election  which   that
 is to be recounted the votes were recorded by means of a
punchcard voting system or by electronic or electromechanical vote
tabulating devices, the voter who files the declaration requesting
the recount  may   shall  select whether
the recount shall be conducted manually, or by means of the voting
system used  originally, or both.   originally.
 
   (b) Notwithstanding subdivision (a), a county may recount vote by
mail and provisional ballots in a manner other than that requested by
the voter.  
   (b) 
    (c)  For purposes of direct recording electronic voting
systems, "conducted manually" means that either the paper record
copies or the voter verified paper audit trail of the electronically
recorded vote are counted manually, as selected by the voter who
requests the recount.
   SEC. 8.    Section 15632 of the   Elections
Code   is amended to read: 
   15632.  In lieu of the returns as reported in the official
canvass, upon completion of the recount showing that a different
candidate was nominated or elected, that a different presidential
slate of electors received a plurality of the votes, or that a
measure was defeated instead of approved or approved instead of
defeated, there shall be entered the result of the recount in each
precinct affected, which result shall, for all purposes thereafter,
be the official returns of those precincts for the office, slates of
presidential electors, or measure involved in the recount. If the
office, slates of presidential electors, or measure are not voted on
statewide, the results of any recount which is not completed by
counting the votes in each and every precinct in the jurisdiction
within which votes were cast on the candidates for the office, on the
slates of electors, or on the measure in question shall be declared
null and void. If the office, slates of presidential electors, or
measure are voted on statewide, the results of any recount will be
declared null and void where there is not recounted each vote cast
 statewide  for the office, slates, or  measure in
any county specified in the request for recount filed with the
Secretary of State.   measure. 
   SEC. 2.   SEC. 9.   Article 5
(commencing with Section 15645) is added to Chapter 9 of Division 15
of the Elections Code, to read:

      Article 5.   Automatic   State-funded
 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   any voter may request a state-funded 
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   the lesser of
1000 votes or one-and-a-half  of 1 percent of the number of all
votes cast for  both candidates,   that office
 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
  the lesser of 1000 voters or one-and-a-half  of 1
percent of the number of all votes cast for  both
candidates.   that office. 
   (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
  the lesser of 1000 votes or one-and-a-half of 1
percent of the number of all votes cast on the measure.
   (2)  The Secretary of State   A voter 
shall not  order an automatic   request a
state-funded  manual recount of all votes cast for the office of
Superintendent of Public Instruction  pursuant to this section
 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
  any voter may request a state-funded  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   the lesser of 1000 votes or one-and-a-half
of  of 1 percent of the number of all votes cast for 
both candidates.   the office of President. 
   (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
  the lesser of 1000 votes or one-and-a-half  of 1
percent of the number of all votes cast for  both candidates.
  the office of President.  
   (c) If a state-funded recount is conducted pursuant to this
section, no other recount shall be conducted.  
   (c) It is the intent of the Legislature to fully 
    (d)     The State shall  reimburse
counties for costs resulting from conducting  an automatic
  a  manual recount  required by 
 pursuant to  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.   (a)    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
 
   (b) (1) While conducting a recount pursuant to Section 15645, a
county elections official shall also review ballots rejected pursuant
to Section 15154 to ensure that no ballots were improperly discarded
during the initial canvass.  
   (2) The process of reviewing rejected ballots pursuant to
subdivision (a) shall be open to members of the public, including
persons associated with a campaign or measure. 
    (c)     The elections official in each
county shall  commence the recount within seven days of
receiving notice under this section.   complete a
recount pursuant to this section as follows:  
   (1) In a primary election, by three business days before the
ballot-printing deadline.  
   (2) In a general election, within 60 days of the voter's request
for a recount. 
   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.

   15649.  This article shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date. 
   SEC. 10.    Section 19203 of the   Elections
Code   is amended to read: 
   19203.  The Secretary of State shall not certify or conditionally
approve  a   either of the following: 
    (a)     A  voting system or a part of
a voting system that uses paper ballots unless the paper used for the
ballots is of sufficient quality that it maintains its integrity and
readability throughout the retention period specified in Chapter 4
(commencing with Section 17300) of Division 17. 
   (b) A voting system that cannot facilitate the conduct of a ballot
level comparison risk-limiting audit. 
   SEC. 3.   SEC. 11.    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.