BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 46
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          Date of Hearing:  June 21, 2010

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                     AB 46 (Monning) - As Amended:  June 14, 2010
           
                           CONCURRENCE IN SENATE AMENDMENTS

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          |ASSEMBLY:  |     |(June 1, 2009)  |SENATE: |33-0 |(June 17,      |
          |           |     |                |        |     |2010)          |
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               (vote not relevant)
           
          SUBJECT  :   Elections: official canvass: manual tally. (URGENCY)

           SUMMARY  :  Provides flexibility to elections officials in four  
          California counties to conduct separate manual tallies of  
          polling place ballots and vote by mail (VBM) ballots for  
          elections held on three specified dates. 
           
          The Senate amendments delete the Assembly version of this bill,  
          and instead:
          
           1)Authorize an official who conducts an election in San Luis  
            Obispo, Santa Barbara, Santa Clara, or Santa Cruz County that  
            takes place on June 8, 2010, June 22, 2010, or August 17,  
            2010, to conduct a public manual tally of ballots tabulated by  
            the voting system used in the election by completing the  
            following: 

             a)   A public manual tally of ballots cast at the polling  
               place in one percent of the precincts, excluding all VBM  
               ballots; and, 

             b)   A separate public manual tally of not less than one  
               percent of the VBM ballots.

          2)Provide that an official who conducts a public manual tally of  
            ballots using the procedure outlined above for an election  
            does not need to conduct a public manual tally of the ballots  
            cast in one percent of precincts, including all VBM ballots,  
            for that election.

          3)Add an urgency clause.








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          4)Add a January 1, 2011 sunset date.
           
          EXISTING LAW  requires the elections official, during the  
          official canvass of an election in which a voting system is  
          used, to conduct a public manual tally of ballots cast in one  
          percent of the precincts, including any VBM ballots cast in  
          those precincts.
          
          AS PASSED BY THE ASSEMBLY  , this bill extended the sunset date on  
          both the Energy Conservation Assistance Account and the Local  
          Jurisdiction Energy Assistance Account, to January 1, 2020.

           FISCAL EFFECT  :  Keyed non-fiscal by the Legislative Counsel.







































                                                                  AB 46
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           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author:

               Current law requires elections officials to conduct a  
               manual tally of 1% of randomly selected precincts for each  
               contest on the ballot.  As a result, county elections  
               officials must sort their [VBM] ballots into the precincts  
               before the 1% manual tally begins.  This is a very time  
               consuming process, especially given the increase in VBM  
               voting.

               [AB 46] gives San Luis Obispo, Santa Barbara, Santa Clara,  
               and Santa Cruz counties the option to conduct two separate  
               1% manual tallies for each contest for the June 8, 2010,  
               June 22, 2010, and if conducted, August 15, 2010,  
               elections.  One manual tally would be of the precinct  
               ballots and the other would be for the VBM ballots for each  
               election.

           2)Senate District 15 Special Election and Manual Tallies  :  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 man power required 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 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 process.  According to  
            information from Santa Barbara and San Luis Obispo counties,  
            the alternate manual tally process proposed by this bill could  
            reduce the number of man-hours required for the post-election  








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            manual tally by 90 percent.

           3)Previous Legislation  :  Among other provisions, SB 1235  
            (Bowen), Chapter 893, Statutes of 2006, required county  
            elections officials to include VBM ballots in the manual tally  
            of votes cast in one percent of the precincts.

           4)Prior Version  :  The prior version of this bill, which was  
            approved by the Assembly, extended the sunset date on the  
            Energy Conservation Assistance Account and the Local  
            Jurisdiction Energy Assistance Account, to January 1, 2020.   
            Those provisions were removed from this bill in the Senate,  
            and the current contents were added.  As a result, this bill  
            has been re-referred to this committee pursuant to Assembly  
            Rule 77.2.






































                                                                  AB 46
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           REGISTERED SUPPORT / OPPOSITION  :   

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

            Opposition

            None on file.

           
          Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094