Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 813


Introduced by Assembly Member Melendez

February 21, 2013


An act to amendbegin delete Section 15631end deletebegin insert Sections 15372 and 15501end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 813, as amended, Melendez. Electionbegin delete recounts.end deletebegin insert results.end insert

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Existing law requires each local elections official to prepare a certified statement of the results of each election, and requires the Secretary of State to compile election results and prepare, certify, and file a statement of the vote from the compiled results.

end insert
begin insert

This bill would require the certified statement of the results of the election and the certified statement of the vote to be posted on the Internet Web sites of each local elections official and the Secretary of State in a downloadable spreadsheet format, as specified. By imposing new duties on local elections officials, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law specifies requirements for challenging ballots in a recount and requires the elections official to determine whether a challenge is to be allowed.

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This bill would make a technical, nonsubstantive change to this law.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 15372 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

15372.  

begin insert(a)end insertbegin insertend insert The elections official shall prepare a certified
4statement of the results of the election and submit it to the
5governing body within 28 days of the election or, in the case of
6school district, community college district, county board of
7education, or special district elections conducted on the first
8Tuesday after the first Monday in November of odd-numbered
9years, no later than the last Monday before the last Friday of that
10month.

begin insert

11(b) The elections official shall post the certified statement of
12the results of the election on his or her Internet Web site in a
13downloadable spreadsheet format that may include, but is not
14limited to, a comma-separated values file or a tab-separated values
15file and that is compatible with a spreadsheet software application
16that is widely used at the time of the posting.

end insert
17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 15501 of the end insertbegin insertElections Codeend insertbegin insert is amended to
18read:end insert

19

15501.  

(a) Except as to presidential electors, the Secretary of
20State shall compile the results for all of the following:

21(1) All candidates for statewide office.

22(2) All candidates for Assembly, State Senate, Congress, State
23Board of Equalization, Supreme Court, and Courts of Appeal.

24(3) All statewide measures.

25(b) The Secretary of State shall prepare, certify, and file a
26statement of the vote from the compiled results no later than the
2738th day after the election.begin insert The Secretary of State shall post the
28certified statement of the vote on his or her Internet Web site in a
29downloadable spreadsheet format end insert
begin insertthat may include, but is not
30limited to, a comma-separated values file or a tab-separated values
P3    1file and that is compatible with a spreadsheet software application
2that is widely used at the time of the posting.end insert

3(c) The Secretary of State may gather returns for local elections,
4including, but not limited to, the following:

5(1) Candidates for county office.

6(2) Candidates for city office.

7(3) Candidates for school and district office.

8(4) County ballot measures.

9(5) City ballot measures.

10(6) School and district ballot measures.

11begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.

end insert
begin delete
16

SECTION 1.  

Section 15631 of the Elections Code is amended
17to read:

18

15631.  

On recount, a ballot may be challenged for
19incompleteness, ambiguity, or other defects, in accordance with
20the following procedure:

21(a) The person challenging the ballot shall state the reason for
22the challenge.

23(b) The official counting the ballot shall count it as he or she
24believes proper and then set it aside with a notation as to how it
25was counted.

26(c) The elections official shall, before the recount is completed,
27 determine whether the challenge is to be allowed. The decision of
28the elections official is final.

end delete


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