BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Alex Padilla, Chair
BILL NO: AB 2369 HEARING DATE: 6/24/14
AUTHOR: HAGMAN ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 6/19/14
FISCAL: NO
SUBJECT
Elections: voter-requested recounts
DESCRIPTION
Existing law defines "voter" to mean an elector who is
registered pursuant to current law.
Existing law establishes procedures by which a voter may request
a recount of the votes cast in an election following completion
of the official canvass as follows:
Allows any voter , within five days following the completion
of the official canvass and following the completion of any
post canvass risk-limiting audit conducted pursuant to
existing law, to request in writing that the elections
official responsible for conducting an election commence a
recount of the votes cast for candidates for any office or
for or against any measure, provided the office or measure is
not voted on statewide.
Allows a recount for an election that is conducted in more
than one county to be conducted in any or all of the affected
counties.
Allows any voter, following the completion of the official
canvass and within five days beginning on the 29th day after
a statewide election, to file with the Secretary of State
(SOS) a written request for a recount of the votes cast for
candidates for any statewide office or for or against any
measure voted on statewide.
Allows any voter, within five days following the completion
of any post canvass risk-limiting audit conducted pursuant to
existing law, to file with the SOS a written request for a
recount of the votes cast for candidates for any statewide
office or for or against any measure voted on statewide, and
further requires a request filed to specify in which county
or counties the recount is sought and specify on behalf of
which candidate, slate of electors, or position on a measure
it is filed.
Permits any other voter, at any time during the conduct of a
recount and for 24 hours thereafter, to request the recount
of any precincts in an election for the same office, slate of
presidential electors, or measure not recounted as a result
of the original request.
Requires a voter seeking the recount, before the recount is
commenced and at the beginning of each subsequent day, to
deposit with the elections official the amount of money
required by the elections official to cover the cost of the
recount for that day.
This bill requires a voter or a campaign committee as defined,
represented by the voter filing the request seeking the recount
to, before the recount is commenced and at the beginning of each
day following, deposit with the elections official a sum as
required by the election's official to cover the cost of the
recount for that day.
BACKGROUND
In 1978, the Legislature passed and the Governor signed AB 3313
(Keysor), Ch. 847, Statutes of 1978, which made significant
changes to recount processes and procedures. Specifically, AB
3313 allowed any voter to request and pay for a recount, instead
of only allowing a candidate for office, an authorized
representative of a candidate for office, or an authorized
representative of a ballot measure to request and pay for a
recount. According to bill documents obtained by the Assembly
Elections and Redistricting committee staff from the California
Archives, the policy change to broaden who can request and pay
for a recount was necessary because of the difficulty of
identifying who is an "authorized representative" or should be
entitled to request a recount, especially for ballot measures.
According to the bill analysis, while it might be sufficient to
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provide that recounts could be only requested by the candidates
themselves or by their representative, it is not the case for
ballot measures. Furthermore, school and special district
recounts avoided this problem by allowing "any voter" to seek a
recount. Finally, the bill analysis states that it is unlikely
that there will be a proliferation of recount requests since the
person seeking the recount will have to pay the cost. It is
clear that the Legislature made a conscious effort to change
public policy and broaden who is allowed request and pay for a
recount. This bill, which restricts who is able to pay for and
request a recount, takes a step back and reverts public policy
back to 1977.
COMMENTS
1. According to the Author : It is vital that we provide
clarity under current law to bring transparency to election
recounts. The public deserves to know not only who requests
a recount, but also how it is being funded. AB 2369
accomplishes this while still ensuring that the recount
process remains accessible to voters.
2. Other States : Each state has specific laws for conducting
recounts. A recount can be initiated either automatically or
by an individual or group of individuals. Some states
require an automatic recount when the margin of victory falls
within a predetermined percentage, such as 0.5 or one
percent. According to a 2010 Election Assistance
Commission's (EAC) draft Recounts and Contests Study,
approximately 21 states and the District of Columbia have
automatic recounts in some elections (California does not).
Automatic recounts usually require the state to pay for the
recount costs. The second type of recount is an initiated
recount. Some states allow for candidate-initiated recounts
that allow candidates to petition for a recount within a
specified time period after certification of election
results. According to the EAC draft study, 39 states and the
District of Columbia have statutes or regulations authorizing
candidate-initiated recounts. Additionally, there are
citizen-initiated recounts allowed in 27 states and the
District of Columbia, whereby a citizen may petition for a
recount. It's common for the citizen who requested the
recount to pay for the recount. As mentioned above,
California law allows for any voter to request a recount.
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In addition, election recount laws vary greatly across states.
According to the EAC's draft study, "There are no common
practices across States associated with what entity pays for
the cost of a recount. For automatic recounts, it is usually
the State or local government that pays for the recount. For
initiated recounts, there are many different ways States
cover the costs of the recounts."
For instance, according to the report, 27 states have laws that
require a petitioner to pay the actual costs of the recount,
one state requires petitioners to pay a pre-determined
estimated cost, and 17 states have a fixed fee as determined
by their individual state laws. Additionally, two states
give the court or government discretion in assessing the
costs of a recount, and in one state, the law is not clear
regarding how the actual cost of the recount is determined.
Finally, in some states, the outcome of the initiated recount
can affect the payment requirement, such as when the
petitioner is declared the winner, he or she often does not
have to pay for the recount. California statute requires the
voter that requested the recount to pay for the recount. If
upon completion of the recount, the results are reversed, the
payment is returned to the requestor.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 4-1
Assembly Floor: 66-7
POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
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