BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 44 (Mullin) - Elections: statewide recounts. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 24, 2015 |Policy Vote: E. & C.A. 4 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 44 would, until January 1, 2023, create a state-funded vote recount process, as specified. Fiscal Impact: State costs to reimburse counties for a state-funded recount would depend in part on the number of votes cast for the particular office or measure, but could potentially reach the low millions of dollars per recount. The Secretary of State's Office (SOS) would incur a one-time cost of $55,000 (General Fund) to promulgate regulations. Background: Under current law, any registered voter can request a recount within five days following the completion of the official AB 44 (Mullin) Page 1 of ? canvass, and must specify on behalf of which candidate, slate of electors, or position on a measure it is filed. Additionally, at any time during the conduct of a recount and for 24 hours thereafter, current law allows any voter other than the original requestor to request a recount of additional precincts. The voter filing the request for the recount is required to deposit, before the recount commences and at the beginning of each day following, sums as required by the elections official to cover the cost of the recount for that day. If upon completion of the recount, the results are reversed, the deposit is returned. Proposed Law: This bill would, among other things, do the following: Permit any voter, within five days after SOS files a statement of the vote, to request a state-funded manual recount of all votes cast for a statewide office, as specified, or state ballot measure if any of the following occurs: o 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 1,000 votes or 0.00015 percent of the number of all votes cast. o 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 1,000 votes or 0.00015 percent of the number of all votes cast. o 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 1,000 votes or 0.00015 percent of the number of all votes cast. AB 44 (Mullin) Page 2 of ? o Prohibit a voter from requesting a state-funded manual recount of all votes cast for the office of Superintendent of Public Instruction unless the official canvass of returns in a statewide primary election shows that the number of votes received by the candidate receiving the greatest number of votes was (1) between 0.49085 and 0.50015, inclusive, of the number of all votes cast, or (2) within 1,000 votes of 50 percent of the number of all votes cast. Permit any voter, within five days after the SOS files a statement of the vote, to request a state-funded manual recount of all votes cast for the office 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 1,000 votes or 0.00015 percent of the number of all votes cast. Prohibit another recount from being conducted if a state-funded recount is conducted pursuant to the provisions of this bill. Require the State to reimburse counties for costs resulting from conducting a manual recount, pursuant to this bill, in an expeditious manner upon the certification of those costs. Require a county elections official, while conducting a recount pursuant to the provisions of this bill, to also review ballots rejected in accordance with existing law to ensure that no ballots were improperly discarded during the initial canvass. Require the process for reviewing rejected ballots to be open to members of the public, including persons associated with a campaign or measure. Require the elections official in each county to AB 44 (Mullin) Page 3 of ? complete a state-funded recount according to specified timelines. Permit SOS to adopt, amend, and repeal rules and regulations necessary for the administration of the provisions of this bill, and require SOS, no later than January 1, 2018, to revise and adopt regulations specifying procedures for recounting ballots, including regulations establishing guidelines for charges a county elections official may impose when conducting a manual recount. Repeal provisions of law that permitted a voter who files a declaration requesting a recount to select whether the recount is conducted manually, or by means of the voting system used originally, or both, and instead requires if 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 to only select whether the recount is conducted manually, or by means of the voting system used originally. Only one method of recount may be used for all ballots cast or tabulated by the same type of voting system. Provide that if an office, slate of presidential electors, or measure are voted on statewide, the results of any recount will be declared null and void if each vote cast statewide for the office, slates, or measure is not recounted. Contain a January 1, 2023 sunset date for the bill's state-funded manual recount provisions. Related AB 44 (Mullin) Page 4 of ? Legislation: AB 2194 (Mullin, 2014) would have required SOS to order an automatic manual recount of all votes cast for a statewide office or state ballot measure if the difference in the number of votes received is less than or equal to 0.1 percent. The bill failed the 2/3's vote requirement for rule suspensions in order to be heard after the policy committee hearing deadline. -- END --