AB 44 — Elections: statewide recounts.

Summary

(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. (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. (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 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. (4) Under existing law, 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 the Governor or Secretary of State, as specified, to order a state-funded manual recount of all votes cast for a statewide 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. (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. (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.

Bill Text

• Chaptered 10/10/15 - Chaptered Current pdf October 10, 2015
• Enrolled 09/11/15 - Enrolled pdf September 11, 2015
• Amended 08/31/15 - Amended Senate pdf August 31, 2015
• Amended 06/24/15 - Amended Senate pdf June 24, 2015
• Amended 04/27/15 - Amended Assembly pdf April 27, 2015
• Amended 04/08/15 - Amended Assembly pdf April 08, 2015
• Introduced 12/01/14 - Introduced pdf December 01, 2014
• AB44 View text html

Action History

1. October 10, 2015

   Chaptered by Secretary of State - Chapter 723, Statutes of 2015.

2. October 10, 2015

   Approved by the Governor.

3. September 17, 2015

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 09, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 5. Page 3027.).

5. September 04, 2015

   Assembly Rule 77 suspended. (Page 2915.)

6. September 03, 2015

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

7. September 03, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 4. Page 2459.).

8. August 31, 2015

   Read second time and amended. Ordered to third reading.

9. August 27, 2015

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).

10. August 17, 2015

    In committee: Referred to APPR. suspense file.

11. July 01, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 30). Re-referred to Com. on APPR.

12. June 24, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

13. June 11, 2015

    Referred to Com. on E. & C.A.

14. June 02, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

15. June 02, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 4. Page 1766.)

16. May 28, 2015

    Read second time. Ordered to third reading.

17. May 28, 2015

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

18. May 06, 2015

    In committee: Set, first hearing. Referred to APPR. suspense file.

19. April 28, 2015

    Re-referred to Com. on APPR.

20. April 27, 2015

    Read second time and amended.

21. April 23, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 15).

22. April 09, 2015

    Re-referred to Com. on E. & R.

23. April 08, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

24. January 22, 2015

    Referred to Com. on E. & R.

25. December 02, 2014

    From printer. May be heard in committee January 1.

26. December 01, 2014

    Read first time. To print.

Sponsors

• Anderson · Cosponsor
• Mullin · Primary
• Jeff Gonzalez · Cosponsor
• Mia Bonta · Cosponsor

Votes

Subjects