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

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

---

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

---

BILL NUMBER: AB 44	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  JUNE 24, 2015
	AMENDED IN ASSEMBLY  APRIL 27, 2015
	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 Sections  15370,  15601, 15620,
15621, 15626, 15627, and 15632, of, to add Sections 15621.5 and
19204.5 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) 
    (1)  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 revise and
adopt regulations relating to procedures for recounting ballots,
including regulations establishing guidelines for the charges a
county elections official may impose when conducting a manual
recount. 
   (3) 
    (2)  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. 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) 
    (3)  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, for each type
of voting system used, 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,   office  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) 
    (4)  Under existing law,  the   a
 voter seeking 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 permit  a voter to request  
the Governor or Secretary of State, as specified, to order  a
state-funded manual recount of all votes cast for a statewide
 office, the office of President of the United States,
  office  or a state ballot measure if the
difference in the number of votes received is less than or equal to
the lesser of 1,000 votes or 0.00015 of the number of all votes cast
 ,  as specified. 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) 
    (5)  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) 
    (6)  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 does not
have certain technical capabilities.
   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; however, it would expressly permit the Secretary of State to
approve a proposed change or modification to a noncompliant voting
system even if the voting system would be unable to facilitate the
conduct of a ballot level comparison risk-limiting audit after the
change or modification.
   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 1.   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) No later than January 1, 2018, the Secretary of State shall
revise and adopt regulations specifying procedures for recounting
ballots, including regulations establishing guidelines for charges a
county elections official may impose when conducting a manual recount
pursuant to this chapter.
   SEC. 3.   SEC. 2.   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.
   (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 31st day after the election, with the elections
official of, and the recount may be conducted within, any or all of
the affected counties.
   (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.  SEC. 3.   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 31st 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.
   (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.
   (c) All the other provisions of this article shall apply to
recounts conducted under this section.
   SEC. 5.   SEC. 4.   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,  
office  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.
   SEC. 6.   SEC. 5.   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.   SEC. 6.   Section 15627 of the
Elections Code is amended to read:
   15627.  (a) If the votes subject to recount were cast or tabulated
by a voting system, the voter requesting the recount shall, for each
set of ballots cast or tabulated by a type of voting system, select
whether the recount shall be conducted manually, or by means of the
voting system used originally. Only one method of recount may be used
for all ballots cast or tabulated by the same type of voting system.

   (b) For purposes of direct recording electronic voting systems,
"conducted manually" means that the voter verified paper audit trail
of the electronically recorded vote is counted manually, as selected
by the voter who requests the recount.
   SEC. 8.   SEC. 7.   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.
   SEC. 9.   SEC. 8.   Article 5
(commencing with Section 15645) is added to Chapter 9 of Division 15
of the Elections Code, to read:

      Article 5.  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,  any voter   the Governor 
may  request   order  a state-funded manual
recount of all votes cast for a statewide office or state ballot
measure if any of the following occurs  ,   except as
provided in paragraph (3)  :
   (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 the lesser of 1,000 votes or 0.00015 of the number
of all votes cast for 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 the lesser of 1,000 votes
or 0.00015 of the number of all votes cast for 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 the lesser of 1,000
votes or 0.00015 of the number of all votes cast on the measure.
   (2) A voter   The Governor  shall not
 request   order  a state-funded manual
recount of all votes cast for the office of Superintendent of Public
Instruction pursuant to this section unless the official canvass of
returns in a statewide primary election shows  that 
 either of the following:   the 
    (A)    The  number of votes received
by the candidate receiving the greatest number of votes was either of
the following:
   (i) Between  0.49085   0.49985  and
0.50015, inclusive, of the number of all votes cast.
   (ii) Within  1000   1,000  votes of 50
percent of the number of all votes cast. 
   (B) No candidate for the office of Superintendent of Public
Instruction received votes on a majority of all the ballots cast for
candidates for that office and the difference in the number of votes
received by the second and third place candidates for that office was
less than or equal to the lesser of 1,000 votes or 0.00015 of the
number of all votes cast for that office. 
   (3)  If the conditions set forth in paragraph (1) are
satisfied with respect to the number of votes cast for the office of
Governor, the Secretary of State, but not the Governor, may order a
state-funded   manual recount pursuant to this section.

    (4)    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, any voter may request a state-funded manual recount of all
votes cast for the office of President of the United States if 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 the lesser of 1,000 votes or
0.00015 of the number of all votes cast for the office of President.
 
   (c) 
    (b)    If a state-funded recount is conducted
pursuant to this section, no other recount shall be conducted.

   (d) 
    (c)    The State shall reimburse counties for
costs resulting from conducting a manual recount pursuant to this
section in an expeditious manner upon certification of those costs.
   15646.  (a) Upon  the Governor or Secretary of State 
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.
   (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 complete a
recount pursuant to this section as follows:
   (1) In a primary election, by three business days before the
Secretary of State issues the certified list of candidates for the
associated general election pursuant to Section 8120.
   (2) In a general election, within 60 days of the  voter's
request for a   Governor or Secre   tary of
State ordering the  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.   A county elections official shall
only be required to conduct a recount pursuant to this article to the
extent funds are appropriated for purposes of this article in the
annual Budget Act or other statute. 
   SEC. 10.   SEC. 9.   Section 19204.5 is
added to the Elections Code, to read:
   19204.5.  (a) The Secretary of State shall not certify or
conditionally approve a voting system that cannot facilitate the
conduct of a ballot level comparison risk-limiting audit.
   (b) (1) For purposes of this subdivision, a voting system that is
"noncompliant" is a voting system that cannot facilitate the conduct
of a ballot level comparison risk-limiting audit.
   (2) Notwithstanding subdivision (a), the Secretary of State may,
until January 1, 2021, approve a proposed change or modification to a
noncompliant voting system even if the voting system will remain
noncompliant after the change or modification. This paragraph shall
become inoperative on January 1, 2021.
   SEC. 11.   SEC. 10.    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.