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 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) 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) 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) 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, 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 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 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
the lesser of  1000   1,000  votes or
 0.015%,   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) 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 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 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   No later than January 1, 2018, the
 Secretary of State shall  revise and  adopt
regulations  , no later than January 1, 2018,  
specifying procedures for recounting ballots, including regulations
 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.
   (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  30th   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.  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  30th  
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.  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.
  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 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 shall  
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.   originally.
Only one method of recount may be used for all ballots cast or
tabulated by the same type of voting system.  
   (b) Notwithstanding subdivision (a), a county may recount vote by
mail and provisional ballots in a manner other than that requested by
the voter.  
   (c) 
    (b)  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  is 
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.
  SEC. 9.  Article 5 (commencing with Section 15645) is added to
Chapter 9 of Division 15 of the Elections Code, to read:

      Article 5.   State-funded   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 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 the lesser of  1000   1,000
 votes or  0.015 percent   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  1000
voters   1,000 votes  or  0.015 percent
  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 
1000   1,000  votes or  0.015 percent
  0.00015  of the number of all votes cast on the
measure.
   (2) A voter shall not request a state-funded manual recount of all
votes cast for the office of Superintendent of Public Instruction
pursuant to this section  if   unless  the
official canvass of returns in a statewide primary election shows
that  a candidate received a majority of all votes cast.
  the number of votes re   ceived by the
candidate receiving the greatest number of votes was either of the
following:  
   (i) Between 0.49085 and 0.50015, inclusive, of the number of all
votes cast.  
   (ii) Within 1000 votes of 50 percent of the number 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, 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  1000
  1,000  votes or  0.015 percent 
 0.00015  of the number of all votes cast for the office of
President.
   (c) If a state-funded recount is conducted pursuant to this
section, no other recount shall be conducted.
   (d) 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 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
 ballot-printing deadline.   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 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 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.   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.