BILL ANALYSIS AB 46 Page 1 ( Without Reference to File ) CONCURRENCE IN SENATE AMENDMENTS AB 46 (Monning) As Amended June 14, 2010 2/3 vote. Urgency ---------------------------------------------------------------------- |ASSEMBLY: | |(June 1, 2009) |SENATE: |33-0 |(June 17, 2010) | ---------------------------------------------------------------------- (vote not relevant) ------------------------------------------------------------------------ |COMMITTEE VOTE: |7-0 |(June 21, 2010) |RECOMMENDATION: |concur | | | | | | | ------------------------------------------------------------------------ Original Committee Reference: U. & C. 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 AB 46 Page 2 one percent of precincts, including all VBM ballots, for that election. 3)Add an urgency clause. 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. COMMENTS : 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 manual tally by 90 percent. Among other provisions, SB 1235 (Bowen), Chapter 893, Statutes of AB 46 Page 3 2006, required county elections officials to include VBM ballots in the manual tally of votes cast in one percent of the precincts. Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094 FN: 0004900