BILL ANALYSIS �
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THIRD READING
Bill No: AB 2369
Author: Hagman (R)
Amended: 6/19/14 in Senate
Vote: 21
SENATE ELECTIONS & CONSTIT. AMEND. COMMITTEE : 5-0, 6/24/14
AYES: Padilla, Anderson, Hancock, Jackson, Pavley
ASSEMBLY FLOOR : 66-7, 5/28/14 - See last page for vote
SUBJECT : Elections: voter-requested recounts
SOURCE : Author
DIGEST : This bill requires a voter or a campaign committee as
defined, represented by the voter filing the request seeking the
recount to, before the recount is commenced and at the beginning
of each day following, deposit with the elections official a sum
as required by the election's official to cover the cost of the
recount for that day.
ANALYSIS :
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 as follows:
1. Allows any voter, within five days following the completion
of the official canvass and following the completion of any
post canvass risk-limiting audit conducted, to request in
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AB 2369
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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.
2. 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.
3. Allows any voter, following the completion of the official
canvass and within five days beginning on the 29th day after
a statewide election, to file with the Secretary of State
(SOS) a written request for a recount of the votes cast for
candidates for any statewide office, or for or against any
measure voted on statewide.
3. Allows any voter, within five days following the completion
of any post canvass risk-limiting audit conducted, to file
with the SOS a written request for a recount of the votes
cast for candidates for any statewide office, or for or
against any measure voted on statewide, and further requires
a request filed to specify in which county or counties the
recount is sought and specify on behalf of which candidate,
slate of electors, or position on a measure it is filed.
4. Permits any other voter, at any time during the conduct of a
recount and for 24 hours thereafter, to request the recount
of any precincts in an election for the same office, slate of
presidential electors, or measure not recounted as a result
of the original request.
5. Requires a voter seeking the recount, 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 requires a voter or a campaign committee as defined,
represented by the voter filing the request seeking the recount
to, before the recount is commenced and at the beginning of each
day following, deposit with the elections official a sum as
required by the election's official to cover the cost of the
recount for that day.
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AB 2369
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Background
In 1978, the Legislature passed and the Governor signed AB 3313
(Keysor, Chapter 847, Statutes of 1978), which made significant
changes to recount processes and procedures. Specifically, AB
3313 allowed any voter to request and pay for a recount, instead
of only allowing a candidate for office, an authorized
representative of a candidate for office, or an authorized
representative of a ballot measure to request and pay for a
recount. According to bill documents obtained by the Assembly
Elections and Redistricting Committee staff from the California
Archives, the policy change to broaden who can request and pay
for a recount was necessary because of the difficulty of
identifying who is an "authorized representative" or should be
entitled to request a recount, especially for ballot measures.
According to the bill analysis, while it might be sufficient to
provide that recounts could be only requested by the candidates
themselves or by their representative, it is not the case for
ballot measures. Furthermore, school and special district
recounts avoided this problem by allowing "any voter" to seek a
recount. Finally, the bill analysis states that it is unlikely
that there will be a proliferation of recount requests since the
person seeking the recount will have to pay the cost. It is
clear that the Legislature made a conscious effort to change
public policy and broaden who is allowed request and pay for a
recount.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
ASSEMBLY FLOOR : 66-7, 5/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fox, Beth Gaines,
Garcia, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey,
Roger Hern�ndez, Holden, Jones, Jones-Sawyer, Levine, Linder,
Logue, Maienschein, Mansoor, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Salas, Stone, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Atkins
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AB 2369
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NOES: Fong, Frazier, Gatto, Gonzalez, Medina, Skinner, Ting
NO VOTE RECORDED: Brown, Gomez, Lowenthal, Pan, Rodriguez,
Yamada, Vacancy
RM:d 6/26/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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