BILL NUMBER: AB 733	CHAPTERED  10/14/01

	CHAPTER  919
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2001
	APPROVED BY GOVERNOR  OCTOBER 14, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2001
	PASSED THE SENATE  JULY 21, 2001
	AMENDED IN SENATE  JULY 19, 2001
	AMENDED IN SENATE  JULY 2, 2001
	AMENDED IN ASSEMBLY  APRIL 19, 2001

INTRODUCED BY   Assembly Member Longville

                        FEBRUARY 22, 2001

   An act to add Chapter 11 (commencing with Section 15700) to
Division 15 of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 733, Longville.  Elections:  extension of deadlines.
   The Elections Code prescribes various deadlines for tabulating and
reporting the vote in elections.
   This bill would authorize a county elections official, where a
postelection deadline would prevent the proper tabulation or
recounting of ballots, to petition the superior court to extend any
postelection deadline for the counting of votes or reporting of vote
totals so that all votes are counted pursuant to Section 2.5 of
Article II of the California Constitution.  The bill would also
define "vote" for purposes of those constitutional provisions.
   The bill would not become operative unless a specified
constitutional amendment adding those constitutional provisions is
adopted by the voters.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 11 (commencing with Section 15700) is added to
Division 15 of the Elections Code, to read:

      CHAPTER 11.  EXTENSION OF DEADLINES

   15700.  It is the intent of the Legislature in enacting this
chapter to provide guidance in interpreting Section 2.5 of Article II
of the California Constitution.
   15701.  If a postelection deadline imposed by this code prevents
the proper tabulation or recounting of ballots, the county elections
official of the affected county may petition the superior court of
that county for an extension sufficient to permit the tabulation or
recounting of ballots.  The court may grant the petition if it finds
that the time limitation would prevent the counting of all votes as
required by Section 2.5 of Article II of the California Constitution.

   15702.  For purposes of Section 2.5 of Article II of the
California Constitution, "vote" includes all action necessary to make
a vote effective in any primary, special, or general election,
including, but not limited to, voter registration, any other act
prerequisite to voting, casting a ballot, and having the ballot
counted properly and included in the appropriate totals of votes cast
with respect to candidates for public office and ballot measures.
  SEC. 2.  This act shall become operative only if ACA 9 of the
2001-02 Regular Session is adopted by the voters and amends the
California Constitution by adding Section 2.5 to Article II thereof.