BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1490|
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THIRD READING
Bill No: AB 1490
Author: Galgiani (D)
Amended: As introduced
Vote: 21
SEN. ELECTIONS, REAP. & CONST. AMEND. COMM. : 5-0, 6/16/09
AYES: Hancock, Walters, DeSaulnier, Liu, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/11/09 - See last page for vote
SUBJECT : Elections: results
SOURCE : Secretary of State
DIGEST : This bill reduces the number of days that are
allowed for the Secretary of State and election officials
to certify and report results of certain elections.
ANALYSIS : 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 (SOS) by the 35th day after the
election. The SOS is required to certify the election
results by the 39th day after the election, which falls on
a Saturday. This leaves the SOS's office with a very short
window to process and certify the results.
During presidential election years, existing law requires
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the SOS to certify the list of presidential electors on the
first Monday in December. In three out of four
presidential elections, the certification deadline falls
one day before the local election officials are required to
complete the official canvass, thus requiring the SOS to
certify results that have not been certified by local
election officials.
This bill:
1.Reduces, from 35 to 31, the number of days after a state
election that elections officials have to send to the SOS
in electronic format one complete copy of the results of
all state, federal and judicial offices, and statewide
ballot measures.
2.Reduces, from 39 to 38, the number of days in which the
SOS has to prepare, certify, and file a statement of the
vote from the compiled results for statewide offices, the
Legislature, Board of Equalization, Congress, Supreme
Court, Courts of Appeal, and statewide ballot measures.
3.Reduces, from the 39th 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 no later than the 32nd day following the
election, the deadline for the SOS to analyze the votes
given for presidential electors, and to certify to the
Governor the names of the proper number of persons having
the highest number of votes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/22/09)
Secretary of State (source)
ARGUMENTS IN SUPPORT : According to the author's office,
this bill will adjust the elections calendar to prevent the
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final certification from occurring on a Saturday while
giving the SOS more time to compile the results. The
amended elections calendar requires local election
officials to transmit the results of their official canvass
by the 31st day after the election.
Additionally, this bill amends the calendar for
presidential electors to mirror the process for
presidential primaries. This will ensure the SOS does not
certify the presidential elector results before all the
votes have been counted. This bill is an important,
straightforward measure that will clean-up the elections
calendar and allow the SOS sufficient time to properly
certify election results.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Duvall, Yamada
DLW:cm 6/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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