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 15626 of the Elections Code is amended
2to read:
The recount shall be commenced not more than seven
4days following the receipt by the elections official of the request
5begin insertor order end insertfor the recount under Sectionbegin delete 15620end deletebegin insert 15620, 15621,end insert or
6begin delete 15621,end deletebegin insert 15645end insert and shall be continued daily, Saturdays, Sundays,
7and holidays excepted, for not less than six hours each day until
8completed. The
recount shall not be commenced until the first day
9following notification of the individuals specified in Section 15628.
Article 5 (commencing with Section 15645) is added
11to Chapter 9 of Division 15 of the Elections Code, to read:
12
(a) (1) Within five days after the Secretary of State
16files a statement of the vote, as required by subdivision (b) of
17Section 15501, the Secretary of State shall order an automatic
18manual recount of all votes cast for a statewide office or state ballot
19measure if any of the following occurs:
20(A) The official canvass of returns in a statewide primary
21election shows that the difference in the number of votes received
22by the second and third place candidates for a statewide office is
23less than or equal to one-tenth of 1 percent of the number of all
24votes cast for both candidates, except as provided in paragraph
25(2).
26(B) The official canvass of returns in a
statewide general election
27shows that the difference in the number of votes received by the
28two candidates receiving the greatest number of votes for a
29statewide office is less than or equal to one-tenth of 1 percent of
30the number of all votes cast for both candidates.
31(C) The official canvass of returns in a statewide election shows
32that the difference in the number of votes cast for and against a
P3 1state ballot measure is less than or equal to one-tenth of 1 percent
2of the number of all votes cast on the measure.
3(2) The Secretary of State shall not order an automatic manual
4recount of all votes cast for the office of Superintendent of Public
5Instruction if the official canvass of returns in a statewide primary
6election shows that a candidate received a majority of all votes
7cast.
8(3) For purposes of this
subdivision, “statewide office” means
9the office of Governor, Lieutenant Governor, Attorney General,
10Controller, Insurance Commissioner, Secretary of State,
11Superintendent of Public Instruction, Treasurer, or Member of the
12United States Senate.
13(b) Within five days after the Secretary of State files a statement
14of the vote, as required by subdivision (b) of Section 15501, the
15Secretary of State shall order an automatic manual recount of all
16votes cast for the office of President of the United States if either
17of the following occurs:
18(1) The official canvass of returns in a statewide presidential
19primary election for a political party that received the greatest or
20second-greatest number of votes in that presidential primary
21election shows that the difference in the number of votes received
22by the first and second place candidates for the nomination of that
23party for the office of
President is less than or equal to one-tenth
24of 1 percent of the number of all votes cast for both candidates.
25(2) The official canvass of returns in a statewide general election
26shows that the difference in the number of votes received by the
27two candidates receiving the greatest number of votes for the office
28of President is less than or equal to one-tenth of 1 percent of the
29number of all votes cast for both candidates.
30(c) It is the intent of the Legislature to fully reimburse counties
31for costs resulting from conducting an automatic manual recount
32required by this section in an expeditious manner upon certification
33of those costs. A candidate shall not be charged for an automatic
34manual recount required by this section.
Upon ordering a recount pursuant to subdivision (a) or
36(b) of Section 15645, the Secretary of State shall notify the
37elections official of each county and shall direct the county
38elections officials to recount all the votes cast for the office or for
39and against the state ballot measure. The elections official in each
P4 1county shall commence the recount within seven days of receiving
2notice under this section.
All the provisions of Article 3 (commencing with
4Section 15620), except Sections 15620, 15621, 15622, 15623,
515624, and 15627, shall apply to this article unless otherwise
6provided herein.
The Secretary of State may adopt, amend, and repeal
8rules and regulations necessary for the administration of this article.
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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