BILL ANALYSIS Ó
AB 2369
Page 1
ASSEMBLY THIRD READING
AB 2369 (Hagman)
As Amended May 23, 2014
Majority vote
ELECTIONS 4-1
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|Ayes:|Donnelly, Bonta, Hall, | | |
| |Perea | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fong | | |
| | | | |
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SUMMARY : Restricts who can pay for a recount. Specifically,
this bill requires a voter, or a candidate-controlled campaign
committee or primarily formed committee, as defined by current
law, represented by a voter, that files a request seeking a
recount to deposit money to pay for the recount from the voter's
own personal funds, or funds of the candidate-controlled
campaign committee of the candidate or of the primarily formed
committee on whose behalf the recount is being requested.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "While current law requires
the voter requesting the recount to deposit the funds required,
the law is unclear from where those funds are allowed to come.
AB 2369 clarifies existing law by explicitly stating that funds
for the recount have to be provided by the voter's personal
funds or funds from the voter's controlled campaign committee.
This bill won't stop outside sources from being able to
contribute [to] a recount effort, but ensures transparency and
accountability within the recount process, as voters can easily
track campaign contributions. However, AB 2369 will prevent
direct 3rd party contributions towards an election recount. It
is vital that we provide clarity under current law to bring
transparency to election recounts. Voters deserve to know not
only who requests a recount, but also how it is being funded."
The practical effect of this bill is that a recount can only be
requested if it is paid for by a voter who uses his or her own
personal funds, a candidate who uses his or her candidate
AB 2369
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campaign committee funds, or a primarily formed committee that
uses campaign committee funds. This bill excludes other
entities, such as a local political party or a passionate
advocacy organization interested and invested in the outcome of
the election or a particular candidate or ballot measure, from
being able to request a recount because the bill does not permit
these entities to directly pay for the recount.
It is possible that entities other than a candidate's campaign
committee or primarily formed committee, such as a ballot
measure committee, may be interested and invested in pursuing a
recount to hopefully change the outcome of an election. One of
the only ways in which another entity could plausibly request
and pay for a recount would be if a candidate had a desire to
request a recount and agreed to pay for it using funds from the
candidate-controlled campaign committee and the outside entity
contributed to the candidate's controlled campaign committee to
pay for the recount. The only other plausible alternative
available to an outside entity would be if the entity was able
to convince an individual voter to request a recount on his or
her behalf and then paid for it with his or her own personal
funds.
According to the author's statement, while this bill will not
stop outside sources from being able to contribute to a recount
effort, it will however, ensure transparency and accountability
within the recount process and provide clarity in the law as to
who is able to pay for the cost of a recount and reveal how a
recount is being funded. While the author's goal is laudable,
this bill may not truly reveal where those funds are coming
from. A business or organization could contribute money to the
person requesting the recount and the voter requesting the
recount can then submit cash, a cashier's check, or a money
order to cover the costs of the recount. So, while it may seem
as though the recount is being paid by the personal funds of the
voter, it is not entirely certain that is the case.
Furthermore, if a candidate or a ballot measure committee pays
for a recount, it is already required it to be disclosed and
reported under the Political Reform Act (PRA). Additionally, if
a recount is paid for by third party in coordination with or at
the request of a candidate or a ballot measure committee it is
already considered a reportable in-kind contribution under the
PRA. Consequently, it is unclear how this bill will result in
more transparency when current law already provides for
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disclosure.
Please see the policy committee analysis for further discussion
on this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0003521