California Legislature—2013–14 Regular Session

Assembly Bill No. 2369

Introduced by Assembly Member Hagman

February 21, 2014

An act to amend Section 15624 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2369, as introduced, Hagman. Elections: voter-requested recounts.

Existing law establishes procedures by which a voter may request a recount of the votes cast in an election following completion of the official canvass. Under existing law, the voter seeking the recount is required, before the recount is commenced and at the beginning of each subsequent day, to deposit with the elections official the amount of money required by the elections official to cover the cost of the recount for that day.

This bill would modify and apply these provisions to the candidate-controlled campaign committee that is represented by the voter filing the request to seek a recount. The bill would also specify that the money deposited with the elections official be from the voter’s own personal funds or from the funds of the candidate-controlled campaign committee of the candidate on whose behalf the recount is being requested.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 15624 of the Elections Code is amended
to read:

15624.  

The voter begin insert or the candidate-controlled campaign
committee represented by the voter end insert filing the request seeking the
recount shall, before the recount is commenced and at the
beginning of each day following, deposit with the elections official
a sum as required by the elections official to cover the cost of the
recount for that day. begin insert The money deposited shall be from the voter’s
own personal funds or from funds of the candidate-controlled
campaign committee of the candidate on whose behalf the recount
is being requested. end insert The money deposited shall be returned to the
depositor if, upon completion of the recount, the candidate, slate
of presidential electors, or the position on the measure (affirmative
or negative) for which the declaration is filed is found to have
received the plurality of votes cast which it had not received
according to the official canvass or, in an election where there are
two or more candidates, the recount results in the candidate for
whom the recount was requested appearing on the ballot in a
subsequent runoff election or general election who would not have
so appeared in the absence of the recount. The depositor shall be
entitled to the return of any money deposited in excess of the cost
of the recount if the candidate, slate, or position on the measure
has not received the plurality of the votes cast or, in an election
where there are two or more candidates, the recount does not result
in the candidate for whom the recount was requested appearing
on the ballot in a subsequent runoff or general election as a result
of the recount. Money not required to be refunded shall be
deposited in the appropriate public treasury.