BILL ANALYSIS                                                                                                                                                                                                    


          |SENATE RULES COMMITTEE            |                    AB 46|
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                                 THIRD READING

          Bill No:  AB 46
          Author:   Monning (D)
          Amended:  6/14/10 in Senate
          Vote:     27 - Urgency

           ASSEMBLY FLOOR  :  Not relevant 

           SUBJECT  :    Elections:  official canvass:  manual tally

           SOURCE  :     Author

           DIGEST  :     Senate Floor Amendments  of 6/14/10 delete the  
          prior version of the bill relating to energy.  This bill  
          now permits the Counties of Santa Cruz, Santa Clara, San  
          Luis Obispo, and Santa Barbara to conduct separate  
          post-election manual tallies of one percent of the polling  
          place ballots and the mailed ballots for the June 8  
          statewide primary election as well as the special primary  
          and run-off elections to fill the vacancy in Senate  
          District 15.

           ANALYSIS  :    Existing law requires, during the official  
          canvass of an election in which a voting system is used,  
          the official conducting the election to conduct a public  
          manual tally of the ballots tabulated by those devices,  
          including vote by mail (VBM) voters' ballots, cast in one  
          percent of the precincts chosen at random by the elections  


                                                                 AB 46

          This bill authorizes an official who conducts an election  
          in San Luis Obispo County, Santa Barbara County, Santa  
          Clara County, or Santa Cruz County that takes place on June  
          8, 2010, June 22, 2010, or August 17, 2010, to conduct a  
          public manual tally by alternative means than those  
          described above.  Specifically, this bill permits the  
          official conducting the election to conduct a separate  
          manual tally of the ballots cast in one percent of the  
          precincts chosen at random by the elections official and a  
          separate manual tally of no less than one percent of the  
          VBM ballots cast in the election.


          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 man power  
          required to conduct two June elections prompted the Senate  
          District 15 counties to work with the Office of the  
          Secretary of State 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 VBM 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  

          According to supporters of this bill, existing law ensures  
          that VBMs are included in the one percent manual tally.   


                                                                 AB 46

          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 permits the counties  
          that make up Senate District 15 to conduct two separate one  
          percent tallies for the June 8, June 22, and June 17  
          elections each election.  One tally would be for the  
          precinct ballots, the other would be for the VBMs.  The  
          Senate District 15 special vacancy elections are estimated  
          to have significant costs to the counties involved.  This  
          bill 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 tally. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          DLW:mw  6/16/10   Senate Floor Analyses 


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