Amended in Senate June 24, 2015

Amended in Assembly April 27, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 44

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 begin insert revise and end insert adopt regulations relating to begin insert procedures for recounting ballots, including regulations establishing guidelines for end insert 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 begin insert , for each type of voting system used, end insert 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 begin delete 1000 end delete begin insert 1,000 end insert votes or begin delete 0.015%, end delete begin insert 0.00015 of the number of all votes cast end insert 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)  begin delete The end delete begin insert No later than January 1, 2018, the end insert Secretary of State
shall begin insert revise and end insert adopt regulations begin delete , no later than January 1, 2018, end delete
begin insert specifying procedures for recounting ballots, including regulations end insert
establishing begin delete uniform end delete 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 begin delete 30th end delete begin insert 31st end insert 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 begin delete 30th end delete begin insert 31st end insert 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 begin delete 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 end delete begin insert 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, end insert select whether the recount
shall be conducted manually, or by means of the voting system
used begin delete originally. end delete begin insert originally. Only one method of recount may be
used for all ballots cast or tabulated by the same type of voting
system. end insert

begin delete

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

end delete begin delete

(c)

end delete

begin insert (b) end insert  For purposes of direct recording electronic voting systems,
“conducted manually” means that begin delete either the paper record copies
or end delete the voter verified paper audit trail of the electronically recorded
vote begin delete are end delete begin insert is end insert 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.  begin delete State-funded end delete begin insert State-Funded end insert 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 begin delete 1000 end delete begin insert 1,000 end insert votes or begin delete 0.015 percent end delete
begin insert 0.00015 end insert 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 begin delete 1000 voters end delete
begin insert 1,000 votes end insert or begin delete 0.015 percent end delete begin insert 0.00015 end insert 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 begin delete 1000 end delete begin insert 1,000 end insert
votes or begin delete 0.015 percent end delete begin insert 0.00015 end insert 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 begin delete if end delete begin insert unless end insert the official canvass of returns in
a statewide primary election shows that begin delete a candidate received a
majority of all votes cast. end delete begin insert the number of votes received by the
candidate receiving the greatest number of votes was either of the
following: end insert

begin insert

(i) Between 0.49085 and 0.50015, inclusive, of the number of
all votes cast.

end insert begin insert

(ii) Within 1000 votes of 50 percent of the number of all votes
cast.

end insert

(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 begin delete 1000 end delete begin insert 1,000 end insert votes or begin delete 0.015 percent end delete begin insert 0.00015 end insert
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
begin delete ballot-printing deadline. end delete begin insert Secretary of State issues the certified list
of candidates for the associated general election pursuant to
Section 8120. end insert

(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 begin insert ,
until January 1, 2021, end insert approve a proposed change or modification
to a noncompliant voting system even if the voting system will
remain noncompliant after the change or modification. begin insert This
paragraph shall become inoperative on January 1, 2021. end insert

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.