BILL ANALYSIS
AB 1490
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Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1490 (Galgiani) - As Introduced: February 27, 2009
SUBJECT : Elections: results.
SUMMARY : Reduces the number of days that are allowed for the
Secretary of State (SOS) and election officials to certify and
report results of certain elections. Requires the results for
presidential electors be endorsed "Presidential Election
Returns" and be canvassed and sent to the SOS within 28 days
after the election. Specifically, this bill :
1) Reduces the number of days, from 35 days to 31 days after a
state election that the election official has to send in an
electronic format in the manner requested to the SOS one
complete copy of all results for the following:
a) All candidates voted for statewide office.
b) All candidates voted for the following offices:
i) Member of the Assembly;
ii) Member of the Senate;
iii) Member of the United States House of
Representatives;
iv) Member of the State Board of Equalization;
v) Justice of the Court of Appeal; and,
vi) Judge of the superior court.
c) The vote given for persons for electors of President
and Vice President of the United States.
d) All statewide measures.
e) The total number of ballots.
2) Reduces the number of days after the election, from 39 days
to 38 days, in which the SOS is required to prepare, certify,
and file a statement of the vote from the compiled results of
all the following:
a) All candidates for statewide office.
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b) All candidates for Assembly, State Senate, Congress,
State Board of Equalization, Supreme Court, and Courts of
Appeal.
c) All statewide measures.
3) Reduces, from the 39th day after the election to the 38th day
after the election, the deadline for the SOS to determine the
votes cast for candidates for Senator and Representative and
certify to the persons having the highest number of votes for
the respective offices as duly elected.
4) Changes, from the first Monday in the month following the
election to the 32nd day following the election, the deadline
for the SOS to analyze the votes given for presidential
electors, and certify to the Governor the names of the proper
number of persons having the highest number of votes.
Requires the SOS thereupon to issue to and transmit to each
presidential elector a certificate of election and a notice
of the time and place of the meeting of the presidential
electors.
EXISTING LAW
1) Requires the elections official to send to the SOS within 35
days of the election in an electronic format one complete
copy of all results to all of the following:
a) All candidates voted for statewide office.
b) All candidates voted for Member of Assembly, Senate,
United States House of Representatives, State Board of
Equalization, Justice of the Court of Appeal and Judge of
the superior court.
c) All persons voted for at the presidential primary.
The results for all persons voted for at the presidential
primary for delegates to national conventions shall be
canvassed and shall be sent within 28 days after the
election.
d) The vote given for persons for electors of President
and Vice President of the United States. The results for
presidential electors shall be endorsed "Presidential
Election Returns".
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e) All statewide measures.
f) The total number of ballots cast.
2) Requires the SOS, except as to presidential electors, not
later than the 39th day after the election, to prepare,
certify, and file a statement of the vote from the compiled
results of the following:
a) All candidates for statewide office.
b) All candidates for Assembly, State Senate, Congress,
State Board of Equalization, Supreme Court, and Courts of
Appeal.
c) All statewide measures.
3) Requires the SOS to determine the votes cast for candidates
for Senator and Representative and certify to the persons
having the highest number of votes for the respective offices
as duly elected on the 39th day after the election, or as
soon within that time as the returns have been received from
the entire state or a congressional district.
4) Requires the SOS, on the first Monday of the month following
the election, or as soon as the results have been received
from all the counties in the state if received before that
time, to analyze the votes given for presidential electors
and certify to the Governor the names of the proper number of
persons having the highest number of votes. Requires the SOS
to issue and transmit to each presidential elector a
certificate of election.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1) Purpose of the Bill : According to the author:
The current elections calendar requires local elections
officials to complete the official canvass by the 28th day
after the election and transmit the results to the
Secretary of State by the 35th day after the election. The
Secretary of State must then certify the election results
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by the 39th day after the election, which falls on a
Saturday. This leaves the Secretary of State's office with
a very short window to process and certify the results.
Furthermore, during presidential election years, existing
law requires the Secretary of State to certify the list of
presidential electors on the first Monday of December. In
three out of four presidential elections, the certification
deadline falls one day before the local elections officials
are required to complete the official canvass, thus
requiring the Secretary of State to certify results that
have not been certified by local elections officials.
Assembly Bill (AB) 1490 will adjust the elections calendar
to prevent the final certification from occurring on a
Saturday while giving the Secretary of State more time to
compile the results. AB 1490 will also revise the
elections calendar to require local elections officials to
transmit the results of their official canvass by the 31st
day - instead of the 35th day - after the election. The
Secretary of State would have to certify the election
results no later than the 38th day after the election.
Finally, AB 1490 will revise the calendar for presidential
electors to mirror the process for presidential primaries.
This will ensure the Secretary of State does not certify
the presidential elector results before all of the votes
have been counted. For every presidential election from
1972 through 2008, the Secretary of State was required to
certify the presidential electors one day before the
counties completed their canvass for a total of seven
times. If the reporting and certification dates remain
unchanged, this situation is projected to occur another
four times through 2028, which equates to happening eleven
times out of fifteen years.
AB 1490 is an important, straightforward measure that will
clean-up the elections calendar and allow the Secretary of
State sufficient time to properly certify election results.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
Secretary of State Debra Bowen (sponsor)None on file.
AB 1490
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Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094