Existing law authorizes a voter to request a recount of the votes cast for a candidate for an office, for a slate of presidential electors, or for or against a measure. Existing law requires a voter who requests a recount to deposit with the elections official, before the commencement of the recount and at the beginning of each day following, a sum to cover recount costs as required by the elections official. Under existing law, a voter who requested a recount is entitled to a refund of the moneys that he or she deposited if the recount results in a plurality of votes cast being counted in favor of the candidate, slate, or position on a measure for which the request was filed, or if the recount results in a runoff or general election. If the recount does not result in the candidate, slate, or position on a measure for which the request was filed receiving a plurality of votes cast or the recount does not result in a runoff or general election, the voter is
entitled to receive moneys deposited in excess of the cost of the recount.
This bill would provide that recount costs include the costs associated with conducting the recount but would not include costs that would have been incurred in the absence of the recount. The bill would require the elections official to provide an itemized estimate of costs for the recount to the voter requesting the recount, and a member of the public upon requesting the estimate, not later than one day prior to the commencement of the recount and at the beginning of each day following commencement of the recount. This bill would require the voter requesting the recount to deposit with the elections official a sum not exceeding the amount reflected in the most current itemized
estimate of costs for the recount. This bill would also require the elections official to identify any necessary adjustment in the itemized estimate of costs in the immediate subsequent itemized estimate of costs after the discovery was made. Upon completion of the recount, this bill would require that the elections official prepare an itemized account of the actual costs for the recount, which would be available to the public upon request.
Because the bill would require the elections official to provide a higher level of service, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that
the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.