BILL NUMBER: AB 1525	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2009
	AMENDED IN SENATE  JUNE 9, 2009

INTRODUCED BY   Assembly Member Beall
   (Coauthor: Assembly Member Harkey)

                        FEBRUARY 27, 2009

   An act to amend  Sections   Section 
15620  and 15632  of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1525, as amended, Beall. Elections: recounts. 
   (1) Existing law provides that if a recount of a presidential or
statewide election is conducted that produces a different result than
the original election result, the recount vote tallies shall replace
the official canvass and shall constitute the official returns for
those precincts where the recount took place.  
   This bill would extend these provisions to recounts in elections
conducted in multicounty jurisdictions. 
    (2)    Existing law permits a
voter to request a recount in an election, other than a statewide
election, within 5 days after the election date by filing a request
with the elections officials who conducted the election.
   This bill would permit a voter to request a recount in an election
conducted in more than one county, but not statewide, within 5 days
beginning on the 29th day after the election.
   Because the bill would change duties of local elections officials,
it would impose a state-mandated local program.
    (3)    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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 15620 of the Elections Code is amended to read:

   15620.  Following completion of the official canvass, any voter
may, within five days thereafter, file with the elections official
responsible for conducting an election in the county wherein the
recount is sought a written request for a recount of the votes cast
for candidates for any office, for slates of presidential electors,
or for or against any measure, provided the office, slate, or measure
is not voted on statewide. The request shall specify on behalf of
which candidate, slate of electors, or position on a measure
(affirmative or negative) it is filed.
   If an election is conducted in more than one county, the request
for the recount may be filed by any voter within five days, beginning
on the 29th day after the election, with the elections official of,
and the recount may be conducted within, any or all of the affected
counties.
   For the purposes of this section, "completion of the canvass"
shall be presumed to be that time when the elections official signs
the certified statement of the results of the election except that,
in the case of a city election, if a city council canvasses the
returns itself and does not order the elections official to conduct
the canvass as permitted by Section 10263, "completion of the canvass"
shall be presumed to be that time when the governing body declares
the persons elected or the measures approved or defeated. 
  SEC. 2.    Section 15632 of the Elections Code is
amended to read:
   15632.  In lieu of the returns as reported in the official
canvass, upon completion of the recount showing that a different
candidate was nominated or elected, that a different presidential
slate of electors received a plurality of the votes, or that a
measure was defeated instead of approved or approved instead of
defeated, there shall be entered the result of the recount in each
precinct affected, which result shall, for all purposes thereafter,
be the official returns of those precincts for the office, slates of
presidential electors, or measure involved in the recount. If the
office, slates of presidential electors, or measure are not voted on
statewide, or in a multicounty jurisdiction, the results of any
recount which is not completed by counting the votes in each and
every precinct in the jurisdiction within which votes were cast on
the candidates for the office, on the slates of electors, or on the
measure in question shall be declared null and void. If the office,
slates of presidential electors, or measure are voted on statewide,
or in a multicounty jurisdiction, the results of any recount will be
declared null and void where there is not recounted each vote cast
for the office, slates, or measure in any county specified in the
request or requests for recount filed pursuant to Section 15620 or
15621. 
   SEC. 3.  SEC. 2.   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.