BILL ANALYSIS                                                                                                                                                                                                    






               SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND  
                           CONSTITUTIONAL AMENDMENTS
                          Senator Loni Hancock, Chair


          BILL NO:   AB 1525             HEARING DATE: 7/7/09
          AUTHOR:    BEALL               ANALYSIS BY:Frances Tibon  
          Estoista
          AMENDED:   6/25/09
          FISCAL:    YES
          
                                     SUBJECT
           
          Elections: recounts
                                   DESCRIPTION  
          
           Existing law  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.

           Existing law  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.

           This bill  permits any voter to file a request for a recount  
          in an election conducted in more than one county, within  
          five days, beginning on the 29th day after the election,  
          instead of within five days of the completion of the  
          official canvass.

                                    BACKGROUND  
          
          Currently, 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, current law does not  
          specifically provide 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.  It should also be noted that the  
          five-day window to request a recount may open at different  
          times depending on when each individual county completes  
          its canvass. 

                                         



                                    COMMENTS  
          
           1.According to the author  :  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 canvass.  This will  
            decrease voter confusion and ensure all recounts are  
            requested in a consistent manner.

                                   PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  7-0
          Assembly Appropriations Committee:          16-0
          Assembly Floor:                             78-0
                                         
                                   POSITIONS  
          
          Sponsor: Secretary of State

           Support: California Association of Clerks and Election  
                   Officials (CACEO)

           Oppose:  None received








          AB 1525 (BEALL)                                        Page  
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