BILL ANALYSIS                                                                                                                                                                                                    

                           CONSTITUTIONAL AMENDMENTS
                          Senator Loni Hancock, Chair

          BILL NO:   AB 46                               HEARING  
          DATE: 6/17/10
          AUTHOR:    MONNING                             ANALYSIS BY:  
             Darren Chesin             
          AMENDED:   6/14/10
          FISCAL:    NO

           Special vacancy elections: Senate District 15: manual tally  

           Existing law  requires an election official, during the  
          official canvass of every election, to conduct a public  
          manual tally of ballots tabulated by an automated system,  
          including vote by mail (VBM) ballots, cast in one percent  
          of the precincts chosen at random.  VBM ballots must be  
          sorted by precinct and combined with the corresponding  
          polling place ballots for purposes of the manual tally.   
          The purpose of the manual tally is to ensure that the  
          automated system tabulated the ballots correctly.

           This bill  permits Santa Barbara, Santa Clara, Santa Cruz  
          and San Luis Obispo Counties to conduct separate  
          post-election manual tallies of one percent of the polling  
          place ballots and one percent of the VBM ballots for the  
          June 8 Statewide Primary Election as well as the June 22  
          special primary and August 17 special run-off elections to  
          fill the vacancy in Senate District 15.  

          This bill contains an urgency clause. 

           You Want it When  ?  On April 27, 2010 the Governor issued a  
          proclamation setting August 17, 2010 as the date for a  
          special runoff election to fill the vacancy in Senate  
          District 15 which was created when former Senator Abel  
          Maldonado was sworn in as Lieutenant Governor.  Pursuant to  
          current law, the special primary election was scheduled for  


          June 22, 2010, just two weeks after the regular Statewide  
          Primary Election on June 8, 2010. 

          Concerns over the cost associated and required staff time  
          to conduct two June elections prompted the Senate District  
          15 counties to work with the Secretary of State's office to  
          develop a proposal that will improve the ability of the  
          counties to manage this compacted election schedule. The  
          change proposed by this bill provides a simpler process for  
          the post election manual tally conducted on vote by mail  
          ballots only.

          Counties currently have to manually tally a portion of  
          these ballots but must first sort them by precinct.  By  
          allowing the counties to conduct separate manual tallies  
          for polling place and VBM ballots, elections officials will  
          not have to conduct the labor intensive and lengthy sorting  

           1.According to supporters  of this bill, existing law  
            ensures that VBMs are included in the one percent manual  
            tally.  For many counties sorting the VBMs into the  
            precincts before the tally is a time consuming process,  
            especially given the growth in VBMs.  This bill would  
            permit the counties that make up Senate District 15 to  
            conduct two separate one percent tallies for the 6/8,  
            6/22, and 8/17 elections each election.  One tally would  
            be for the precinct ballots, the other would be for the  

          The SD 15 special vacancy elections are estimated to have  
            significant costs to the counties involved.  This measure  
            will save hundreds of hours in staff time during the  
            three elections and allow the registrars' staffs to  
            complete the certification of the elections in the short  
            time allotted for that process.  This simple change in  
            procedure will not affect the purpose of the manual  

                                   PRIOR ACTION
          Prior votes do not reflect the current version of this bill  
          AB 46 (MONNING)                                        Page  


          which was completely rewritten.

          Sponsor: Author

           Support: Secretary of State
                    San Luis Obispo County Clerk-Recorder
                    San Luis Obispo County Board of Supervisors
                    Santa Clara County Board of Supervisors

           Oppose:  None received

          AB 46 (MONNING)                                        Page