Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 44


Introduced by Assembly Member Mullin

begin insert

(Coauthors: Assembly Members Bonta and Gonzalez )

end insert
begin insert

(Coauthor: Senator Anderson)

end insert

December 1, 2014


An act to amendbegin delete Section 15626end deletebegin insert Sections 15370, 15601, 15620, 15621, 15626, 15627, 15632, and 19203end insert of,begin insert to add Section 15621.5 to,end insert and to addbegin insert and repealend insert 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.

begin insert

(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.

end insert
begin insert

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.

end insert
begin insert

(2) Existing law requires the Secretary of State to adopt regulations relating to the use of voting systems in recounting ballots.

end insert
begin insert

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.

end insert

begin insert(3)end insertbegin insertend insertExisting law establishes procedures by which a voter may request a recount of the votes cast in an election following completion of the official canvass.begin delete Underend deletebegin insert Existing law requires a voter to make this request within 5 days beginning on the 29th day after the election.end insert

begin insert

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.

end insert
begin insert

(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.

end insert
begin insert

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.

end insert

begin insert(5)end insertbegin insertend insertbegin insertUnderend insert existing law, the voter seekingbegin delete theend deletebegin insert aend insert 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 wouldbegin delete require the Secretary of State to order an automaticend deletebegin insert permit a voter to request a state-fundedend insert 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 tobegin delete 0.1%,end deletebegin insert the lesser of 1000 votes or 0.015%,end insert as specified.begin delete By imposingend deletebegin insert 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.end insert

begin insert

(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.

end insert
begin insert

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.

end insert
begin insert

(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.

end insert
begin insert

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.

end insert

begin insertBy imposingend insert 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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 15370 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

15370.  

begin insert(a)end insertbegin insertend insertAfter ballots are counted and sealed, the elections
4official may not open any ballots nor permit any ballots to be
5opened except as permitted in Sections 15303 and 15304, or in the
6event of a recount.

begin insert

7(b) The county elections official shall store sealed ballots in a
8manner facilitating the retrieval of any particular ballot in the
9event of a recount.

end insert
10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 15601 of the end insertbegin insertElections Codeend insertbegin insert is amended to
11read:end insert

P4    1

15601.  

begin insert(a)end insertbegin insertend insertThe Secretary of State, within the Secretary of
2State’s existing budget, shall adopt regulations no later than January
31, 2008, for each voting system approved for use in the state and
4specify the procedures for recounting ballots, including vote by
5mail and provisional ballots, using those voting systems.

begin insert

6(b) The Secretary of State shall adopt regulations, no later than
7January 1, 2018, establishing uniform guidelines for charges a
8county elections official may impose when conducting a manual
9recount pursuant to this chapter.

end insert
10begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 15620 of the end insertbegin insertElections Codeend insertbegin insert is amended to
11read:end insert

12

15620.  

begin insert(a)end insertbegin insertend insertFollowing completion of the official canvass and
13again following completion of any postcanvass risk-limiting audit
14conducted pursuant to Section 15560, any voter may, within five
15days thereafter, file with the elections official responsible for
16conducting an election in the county wherein the recount is sought
17a written request for a recount of the votes cast for candidates for
18any office, for slates of presidential electors, or for or against any
19measure, provided the office, slate, or measure is not voted on
20statewide. The request shall specify on behalf of which candidate,
21slate of electors, or position on a measure (affirmative or negative)
22it is filed.

begin delete

23If

end delete

24begin insert(b)end insertbegin insertend insertbegin insertIfend insert an election is conducted in more than one county, the
25request for the recount may be filed by any voter within five days,
26beginning on thebegin delete 29thend deletebegin insert 30thend insert day after the election, with the elections
27official of, and the recount may be conducted within, any or all of
28the affected counties.

begin delete

29For

end delete

30begin insert(c)end insertbegin insertend insertbegin insertForend insert the purposes of this section, “completion of the canvass”
31shall be presumed to be that time when the elections official signs
32the certified statement of the results of the election except that, in
33the case of a city election, if a city council canvasses the returns
34itself and does not order the elections official to conduct the
35canvass, “completion of the canvass” shall be presumed to be that
36time when the governing body declares the persons elected or the
37measures approved or defeated.

38begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 15621 of the end insertbegin insertElections Codeend insertbegin insert is amended to
39read:end insert

P5    1

15621.  

begin insert(a)end insertbegin insertend insertFollowing completion of the official canvass any
2voter may, within five days beginning on thebegin delete 29thend deletebegin insert 30thend insert day after
3a statewide election, file with the Secretary of State a written
4request for a recount of the votes cast for candidates for any
5statewide office or for or against any measure voted on statewide.
6Additionally, any voter may file with the Secretary of State a
7written request for a recount of the votes cast for candidates for
8any statewide office or for or against any measure voted on
9statewide within five days following completion of any postcanvass
10risk-limiting audit conducted pursuant to Section 15560. A request
11filed pursuant to this section shall specify in which county or
12counties the recount is sought and shall specify on behalf of which
13candidate, slate of electors, or position on a measure (affirmative
14or negative) it is filed.

begin delete

15The

end delete

16begin insert(b)end insertbegin insertend insertbegin insertTheend insert Secretary of State shall forthwith send by registered
17mail one copy of the request to the elections official of each county
18in which a recount of the votes is sought.

begin delete

19All

end delete

20begin insert(c)end insertbegin insertend insertbegin insertAllend insert the other provisions of this article shall apply to recounts
21conducted under this section.

22begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 15621.5 is added to the end insertbegin insertElections Codeend insertbegin insert, to
23read:end insert

begin insert
24

begin insert15621.5.end insert  

If more than one voter requests a recount of the same
25office, slate of presidential electors, or measure pursuant to Section
2615620 or 15621, and at least one request is for a manual recount,
27the county elections official of a county subject to multiple requests
28as described in this section shall conduct only one manual recount
29of the ballots subject to recount, the result of which shall be
30controlling.

end insert
31

begin deleteSECTION 1.end delete
32begin insertSEC. 6.end insert  

Section 15626 of the Elections Code is amended to
33read:

34

15626.  

The recount shall be commenced not more than seven
35days following the receipt by the elections official of the request
36or order for the recount under Section 15620, 15621, or 15645 and
37shall be continued daily, Saturdays, Sundays, and holidays
38excepted, for not less than six hours each day until completed. The
39recount shall not be commenced until the first day following
40notification of the individuals specified in Section 15628.

P6    1begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 15627 of the end insertbegin insertElections Codeend insertbegin insert is amended to
2read:end insert

3

15627.  

(a) If in the electionbegin delete whichend deletebegin insert thatend insert is to be recounted the
4votes were recorded by means of a punchcard voting system or by
5electronic or electromechanical vote tabulating devices, the voter
6who files the declaration requesting the recountbegin delete mayend deletebegin insert shallend insert select
7whether the recount shall be conducted manually, or by means of
8the voting system usedbegin delete originally, or both.end deletebegin insert originally.end insert

begin insert

9(b) Notwithstanding subdivision (a), a county may recount vote
10by mail and provisional ballots in a manner other than that
11requested by the voter.

end insert
begin delete

12(b)

end delete

13begin insert(c)end insert For purposes of direct recording electronic voting systems,
14“conducted manually” means that either the paper record copies
15or the voter verified paper audit trail of the electronically recorded
16vote are counted manually, as selected by the voter who requests
17the recount.

18begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 15632 of the end insertbegin insertElections Codeend insertbegin insert is amended to
19read:end insert

20

15632.  

In lieu of the returns as reported in the official canvass,
21upon completion of the recount showing that a different candidate
22was nominated or elected, that a different presidential slate of
23electors received a plurality of the votes, or that a measure was
24defeated instead of approved or approved instead of defeated, there
25shall be entered the result of the recount in each precinct affected,
26which result shall, for all purposes thereafter, be the official returns
27of those precincts for the office, slates of presidential electors, or
28measure involved in the recount. If the office, slates of presidential
29electors, or measure are not voted on statewide, the results of any
30recount which is not completed by counting the votes in each and
31every precinct in the jurisdiction within which votes were cast on
32the candidates for the office, on the slates of electors, or on the
33measure in question shall be declared null and void. If the office,
34slates of presidential electors, or measure are voted on statewide,
35the results of any recount will be declared null and void where
36there is not recounted each vote castbegin insert statewideend insert for the office, slates,
37orbegin delete measure in any county specified in the request for recount filed
38with the Secretary of State.end delete
begin insert measure.end insert

P7    1

begin deleteSEC. 2.end delete
2begin insertSEC. 9.end insert  

Article 5 (commencing with Section 15645) is added
3to Chapter 9 of Division 15 of the Elections Code, to read:

4 

5Article 5.  begin deleteAutomatic end deletebegin insertState-funded end insertRecounts
6

 

7

15645.  

(a) (1) Within five days after the Secretary of State
8files a statement of the vote, as required by subdivision (b) of
9Section 15501,begin delete the Secretary of State shall order an automaticend deletebegin insert any
10voter may request a state-fundedend insert
manual recount of all votes cast
11for a statewide office or state ballot measure if any of the following
12occurs:

13(A) The official canvass of returns in a statewide primary
14election shows that the difference in the number of votes received
15by the second and third place candidates for a statewide office is
16less than or equal tobegin delete one-tenthend deletebegin insert the lesser of 1000 votes or
17one-and-a-halfend insert
of 1 percent of the number of all votes cast forbegin delete both
18candidates,end delete
begin insert that officeend insert except as provided in paragraph (2).

19(B) The official canvass of returns in a statewide general election
20shows that the difference in the number of votes received by the
21two candidates receiving the greatest number of votes for a
22statewide office is less than or equal tobegin delete one-tenthend deletebegin insert the lesser of 1000
23voters or one-and-a-halfend insert
of 1 percent of the number of all votes
24cast forbegin delete both candidates.end deletebegin insert that office.end insert

25(C) The official canvass of returns in a statewide election shows
26that the difference in the number of votes cast for and against a
27state ballot measure is less than or equal tobegin delete one-tenthend deletebegin insert the lesser of
281000 votes or one-and-a-halfend insert
of 1 percent of the number of all
29votes cast on the measure.

30(2) begin deleteThe Secretary of State end deletebegin insertA voter end insertshall notbegin delete order an automaticend delete
31begin insert request a state-fundedend insert manual recount of all votes cast for the
32office of Superintendent of Public Instructionbegin insert pursuant to this
33sectionend insert
if the official canvass of returns in a statewide primary
34election shows that a candidate received a majority of all votes
35cast.

36(3) For purposes of this subdivision, “statewide office” means
37the office of Governor, Lieutenant Governor, Attorney General,
38Controller, Insurance Commissioner, Secretary of State,
39Superintendent of Public Instruction, Treasurer, or Member of the
40United States Senate.

P8    1(b) Within five days after the Secretary of State files a statement
2of the vote, as required by subdivision (b) of Section 15501,begin delete the
3Secretary of State shall order an automaticend delete
begin insert any voter may request
4a state-fundedend insert
manual recount of all votes cast for the office of
5President of the United States if either of the following occurs:

6(1) The official canvass of returns in a statewide presidential
7primary election for a political party that received the greatest or
8second-greatest number of votes in that presidential primary
9election shows that the difference in the number of votes received
10by the first and second place candidates for the nomination of that
11party for the office of President is less than or equal tobegin delete one-tenthend delete
12begin insert the lesser of 1000 votes or one-and-a-half ofend insert of 1 percent of the
13number of all votes cast forbegin delete both candidates.end deletebegin insert the office of President.end insert

14(2) The official canvass of returns in a statewide general election
15shows that the difference in the number of votes received by the
16two candidates receiving the greatest number of votes for the office
17of President is less than or equal tobegin delete one-tenthend deletebegin insert the lesser of 1000
18votes or one-and-a-halfend insert
of 1 percent of the number of all votes
19cast forbegin delete both candidates.end deletebegin insert the office of President.end insert

begin insert

20(c) If a state-funded recount is conducted pursuant to this
21section, no other recount shall be conducted.

end insert
begin delete

22(c) It is the intent of the Legislature to fully

end delete

23begin insert(d)end insertbegin insertend insertbegin insertThe State shallend insert reimburse counties for costs resulting from
24conductingbegin delete an automaticend deletebegin insert aend insert manual recountbegin delete required byend deletebegin insert pursuant
25toend insert
this section in an expeditious manner upon certification of those
26costs.begin delete A candidate shall not be charged for an automatic manual
27recount required by this section.end delete

28

15646.  

begin insert(a)end insertbegin insertend insertUpon ordering a recount pursuant to subdivision
29(a) or (b) of Section 15645, the Secretary of State shall notify the
30elections official of each county and shall direct the county
31elections officials to recount all the votes cast for the office or for
32and against the state ballot measure.begin delete Theend delete

begin insert

33(b) (1) While conducting a recount pursuant to Section 15645,
34a county elections official shall also review ballots rejected
35pursuant to Section 15154 to ensure that no ballots were
36improperly discarded during the initial canvass.

end insert
begin insert

37(2) The process of reviewing rejected ballots pursuant to
38subdivision (a) shall be open to members of the public, including
39persons associated with a campaign or measure.

end insert

P9    1begin insert(c) end insertbegin insertend insertbegin insertTheend insert elections official in each county shallbegin delete commence the
2recount within seven days of receiving notice under this section.end delete

3begin insert complete a recount pursuant to this section as follows:end insert

begin insert

4(1) In a primary election, by three business days before the
5ballot-printing deadline.

end insert
begin insert

6(2) In a general election, within 60 days of the voter’s request
7for a recount.

end insert
8

15647.  

All the provisions of Article 3 (commencing with
9Section 15620), except Sections 15620, 15621, 15622, 15623,
1015624, and 15627, shall apply to this article unless otherwise
11provided herein.

12

15648.  

The Secretary of State may adopt, amend, and repeal
13rules and regulations necessary for the administration of this article.

begin insert
14

begin insert15649.end insert  

This article shall remain in effect only until January 1,
152023, and as of that date is repealed, unless a later enacted statute,
16that is enacted before January 1, 2023, deletes or extends that
17date.

end insert
18begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 19203 of the end insertbegin insertElections Codeend insertbegin insert is amended to
19read:end insert

20

19203.  

The Secretary of State shall not certify or conditionally
21approvebegin delete aend deletebegin insert either of the following:end insert

22begin insert(a)end insertbegin insertend insertbegin insertAend insert voting system or a part of a voting system that uses paper
23ballots unless the paper used for the ballots is of sufficient quality
24that it maintains its integrity and readability throughout the
25retention period specified in Chapter 4 (commencing with Section
2617300) of Division 17.

begin insert

27(b) A voting system that cannot facilitate the conduct of a ballot
28level comparison risk-limiting audit.

end insert
29

begin deleteSEC. 3.end delete
30begin insertSEC. 11.end insert  

If the Commission on State Mandates determines
31that this act contains costs mandated by the state, reimbursement
32to local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.



O

    98