BILL ANALYSIS                                                                                                                                                                                                    

                                                                AB 46
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        ( Without Reference to File  )

        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  
         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;  

           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  


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          one percent of precincts, including all VBM ballots, for that  

        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  

        Among other provisions, SB 1235 (Bowen), Chapter 893, Statutes of  


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        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

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