BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 44


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          44 (Mullin)


          As Amended  August 31, 2015


          Majority vote


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          Original Committee Reference:  E. & R.




          SUMMARY:  Creates a new state-funded recount process, as  
          specified.  Specifically, this bill: 


          1)Permits the Governor to order a state-funded manual recount of  
            all votes cast for a statewide office or state ballot measure,  
            as specified, 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  
               1,000 votes or 0.00015 of the number of all votes cast for  
               that office;









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             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 1,000 votes or 0.00015 of the number  
               of all votes cast for that office; or, 


             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 1,000 votes or 0.00015 of the number of all  
               votes cast on the measure.


          2)Prohibits another recount from being conducted if a  
            state-funded recount is conducted pursuant to the provisions  
            of this bill.


          3)Requires 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.  


          4)Requires 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.  


          5)Requires the Secretary of State (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.    


          6)Requires a county elections official, if more than one voter  
            requests a recount for the same office, slate of presidential  








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            electors, or measure, and at least one request is for a manual  
            recount, to conduct only one manual recount of the ballots  
            subject to recount, the result of which shall be controlling. 


          7)Provides 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.  


          8)Prohibits the SOS from certifying or conditionally approving a  
            voting system that cannot facilitate the conduct of a ballot  
            level comparison risk-limiting audit, as specified.


          The Senate amendments:


          1)Delete provisions of the bill that permitted any voter to  
            request a state-funded manual recount and instead authorizes  
            the Governor to order a state-funded manual recount, as  
            specified.


          2)Prohibit the Governor from ordering a state-funded manual  
            recount of all votes cast for the office of Superintendent of  
            Public Instruction (SPI) pursuant to the provisions of this  
            bill unless the official canvass of returns in a statewide  
            primary election shows either of the following:


             a)   The number of votes received by the candidate receiving  
               the greatest number of votes was either of the following:


               i)     Between 0.49985 and 0.50015, inclusive, of the  
                 number of all votes cast; or,


               ii)    Within 1,000 votes of 50% of the number of all votes  
                 cast.








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             b)   No candidate for the office of SPI received votes on a  
               majority of all the ballots cast for candidates for that  
               office and the difference in the number of votes received  
               by the second and third place candidates for that office  
               was less than or equal to the lesser of 1,000 votes or  
               0.00015 of the number of all votes cast for that office. 


          3)Permit the SOS, not the Governor, to order a state-funded  
            manual recount of all votes cast for the office of the  
            Governor, as specified.


          4)Provide that a county elections official shall only be  
            required to conduct a state-funded manual recount pursuant to  
            the provisions of this bill to the extent that funds are  
            appropriated for the purposes of a state-funded manual recount  
            in the annual Budget Act or other statute.


          5)Delete provisions of the bill that required the state-funded  
            manual recount provisions to sunset on January 1, 2023.  


          6)Make other technical conforming changes. 


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)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 and whether or not a recount is  
            ordered, but could potentially reach the low millions of  
            dollars per recount.


          2)The SOS would incur a one-time cost of $55,000 (General Fund)  
            to promulgate regulations.








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          COMMENTS:  According to the author, "In the June 2014 primary,  
          former Assembly Speaker John Pérez trailed Board of Equalization  
          Member Betty Yee by only 481 votes out of roughly four million.   
          This very narrow margin prompted him to request a recount, which  
          current law permits. When he did so, deep flaws in California's  
          existing recount process were revealed: it allows statewide  
          results to be overturned by a partial recount and it favors  
          candidates who can afford to pay?"


          The Senate amendments make substantive and technical changes to  
          the bill.  First, the Senate amendments delete provisions of the  
          bill that permitted any voter to request a state-funded manual  
          recount and instead permit the Governor to order a state-funded  
          manual recount, as specified.  Second, the amendments permit the  
          SOS, instead of the Governor, to order a state-funded manual  
          recount of all votes cast for the office of the Governor.   
          Third, the amendments clarify when a state-funded manual recount  
          for the office of SPI may be ordered by the Governor.  Fourth,  
          the amendments delete provisions of the bill that required the  
          state-funded manual recount provisions to sunset on January 1,  
          2023.  In addition, the amendments provide that a county  
          elections official shall only be required to conduct a  
          state-funded manual recount pursuant to the provisions of this  
          bill to the extent that funds are appropriated for the purposes  
          of a state-funded manual recount in the annual Budget Act or  
          other statute.  Finally, the amendments make other technical  
          conforming changes. 


          Please see the policy committee analysis for a full discussion  
          of this bill. 


          Analysis Prepared by:                                             
                          Nichole Becker / E. & R. / (916) 319-2094  FN:  
          0001800











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