BILL NUMBER: AB 813	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 21, 2013

   An act to amend  Section 15631   Sections
15372 and 15501  of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 813, as amended, Melendez. Election  recounts.
  results.  
   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. 

   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.  
   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.  
   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.  
   Existing law specifies requirements for challenging ballots in a
recount and requires the elections official to determine whether a
challenge is to be allowed.  
   This bill would make a technical, nonsubstantive change to this
law. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 15372 of the  
Elections Code   is amended to read: 
   15372.   (a)    The elections official shall
prepare a certified statement of the results of the election and
submit it to the governing body within 28 days of the election or, in
the case of school district, community college district, county
board of education, or special district elections conducted on the
first Tuesday after the first Monday in November of odd-numbered
years, no later than the last Monday before the last Friday of that
month. 
   (b) The elections official shall post the certified statement of
the results of the election on his or her Internet Web site in a
downloadable spreadsheet format that may include, but is not limited
to, a comma-separated values file or a tab-separated values file and
that is compatible with a spreadsheet software application that is
widely used at the time of the posting. 
   SEC. 2.    Section 15501 of the   Elections
Code   is amended to read: 
   15501.  (a) Except as to presidential electors, the Secretary of
State shall compile the results for all of the following:
   (1) All candidates for statewide office.
   (2) All candidates for Assembly, State Senate, Congress, State
Board of Equalization, Supreme Court, and Courts of Appeal.
   (3) All statewide measures.
   (b) The Secretary of State shall prepare, certify, and file a
statement of the vote from the compiled results no later than the
38th day after the election.  The Secretary of State shall 
 post the certified statement of the vote on his or her Internet
Web site in a downloadable spreadsheet format   that may
include, but is not limited to, a comma-separated values file or a
tab-separated values file and that is compatible with a spreadsheet
software application that is widely used at the time of the posting.

   (c) The Secretary of State may gather returns for local elections,
including, but not limited to, the following:
   (1) Candidates for county office.
   (2) Candidates for city office.
   (3) Candidates for school and district office.
   (4) County ballot measures.
   (5) City ballot measures.
   (6) School and district ballot measures.
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 15631 of the Elections Code
is amended to read:
   15631.  On recount, a ballot may be challenged for incompleteness,
ambiguity, or other defects, in accordance with the following
procedure:
   (a) The person challenging the ballot shall state the reason for
the challenge.
   (b) The official counting the ballot shall count it as he or she
believes proper and then set it aside with a notation as to how it
was counted.
   (c) The elections official shall, before the recount is completed,
determine whether the challenge is to be allowed. The decision of
the elections official is final.