BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1525|
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                                 THIRD READING


          Bill No:  AB 1525
          Author:   Beall (D), et al
          Amended:  6/25/09 in Senate
          Vote:     21

           
           SENATE ELECTIONS, REAP. & CONST. AMEND. COMM.  :  5-0, 7/7/09
          AYES:  Hancock, Walters, DeSaulnier, Liu, Strickland
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  78-0, 5/11/09 (Consent) - See last page  
            for vote


           SUBJECT  :    Elections:  recounts

           SOURCE  :     Secretary of State 


           DIGEST  :    This bill 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 completing the  
          official canvas. 

           ANALYSIS  :    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 allows a recount for an election  
                                                           CONTINUED





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          that is conducted in more than one county to be conducted  
          in any or all of the affected counties.  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-numbered years, no later than the last  
          Monday before the last Friday of that month.

          This bill 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.
           
          Comments  

           Purpose of the bill  .  According to the author's office, the  
          law is unclear as to when a request for a recount must be  
          submitted for an election encompassing multiple counties,  
          such as an election for a congressional, state senate, or  
          state assembly district.  This bill, sponsored by the  
          Secretary of State, clarifies and makes 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. 

          According to the California Association of Clerks and  
          Election Officials, 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 a recount may be requested  
          following the completion of the canvass period. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/20/09)

          Secretary of State (source)
          California Association of Clerks and Election Officials







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           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:mw  7/20/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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