BILL ANALYSIS
AB 1525
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1525 (Beall) - As Introduced: February 27, 2009
SUBJECT : Elections: recounts.
SUMMARY : Permits any voter to request a recount in an election
conducted in more than one county, but not statewide, within
five days beginning on the 29th day after the election, instead
of within five days of the completion of the official canvass.
EXISTING LAW :
1) Allows a voter, within five days following the completion of
the official canvass, 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.
2) Requires the elections official to prepare a certified
statement of the results of the election and submit it to the
governing body within 28 days of the election, or in the case
of school district, community college district, county board
of education, or special district elections conducted on the
first Tuesday after the first Monday in November of
odd-number years, no later than the last Monday before the
last Friday of that month.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1) Purpose of the Bill : According to the author:
Current law provides that a voter must submit a request for
a recount in writing to the elections official responsible
for conducting the election within five days following the
completion of the official canvass (Elections Code Section
15620).
AB 1525
Page 2
Requesting a recount is a county-by-county process whereby
a voter must request, in writing, a recount within five
days following the completion of the official canvass in
each county where he or she would like a recount to be
performed.
However, the law is not clear as to when a request must be
submitted when an election
encompasses multiple counties, such as an election for a
congressional, state senate, or state assembly district.
The five-day window to request a recount may open at
different times depending on when each individual county
completes its canvass. AB 1525 would clarify and make
consistent the timeline for a voter to request a recount by
requiring the request to occur within five days after all
counties have completed their canvas.
This will decrease voter confusion and ensure all recounts
are requested in a consistent manner.
2) Argument in Support : The California Association of Clerks
and Election Officials write:
AB 1525 . . . provides that a recount in a multi-county
jurisdiction that is not statewide may be requested in any
or all counties during the five day period immediately
following the 29th day after the election. Because all
counties do not complete the canvass simultaneously, and
the outcome of such contests may not be known until all
counties in the jurisdiction have completed the canvass, it
is logical to allow a period during which the recount may
be requested following the completion of the canvass
period.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (sponsor)
California Association of Clerks and Election Officials
Opposition
AB 1525
Page 3
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094