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AB-1490 Elections: results.(2009-2010)

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AB1490:v97#DOCUMENT

Assembly Bill No. 1490
CHAPTER 149

An act to amend Sections 15375, 15501, 15503, and 15505 of the Elections Code, relating to elections.

[ Approved by Governor  August 05, 2009. Filed with Secretary of State  August 06, 2009. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1490, Galgiani. Elections: results.
Existing law requires elections officials to report the results of certain elections to the Secretary of State within 35 days.
This bill would require those results to be reported within 31 days and the results of presidential electors to be reported within 28 days.
Because the bill would impose additional duties on elections officials, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 15375 of the Elections Code is amended to read:

15375.
 The elections official shall send to the Secretary of State within 31 days of the election in an electronic format in the manner requested one complete copy of all results as to all of the following:
(a) All candidates voted for statewide office.
(b) All candidates voted for the following offices:
(1) Member of the Assembly.
(2) Member of the Senate.
(3) Member of the United States House of Representatives.
(4) Member of the State Board of Equalization.
(5) Justice of the Court of Appeal.
(6) Judge of the superior court.
(c) All persons voted for at the presidential primary. The results for all persons voted for at the presidential primary for delegates to national conventions shall be canvassed and shall be sent within 28 days after the election.
(d) The vote given for persons for electors of President and Vice President of the United States. The results for presidential electors shall be endorsed “Presidential Election Returns” and shall be canvassed and sent within 28 days after the election.
(e) All statewide measures.
(f) The total number of ballots cast.

SEC. 2.

 Section 15501 of the Elections Code is amended to read:

15501.
 (a) Except as to presidential electors, the Secretary of State shall compile the results for all of the following:
(1) All candidates for statewide office.
(2) All candidates for Assembly, State Senate, Congress, State Board of Equalization, Supreme Court, and Courts of Appeal.
(3) All statewide measures.
(b) The Secretary of State shall prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election.
(c) The Secretary of State may gather returns for local elections, including, but not limited to, the following:
(1) Candidates for county office.
(2) Candidates for city office.
(3) Candidates for school and district office.
(4) County ballot measures.
(5) City ballot measures.
(6) School and district ballot measures.

SEC. 3.

 Section 15503 of the Elections Code is amended to read:

15503.
 On the 38th day after the election, or as soon within that time as the returns have been received from the entire state or a congressional district, as the case may be, the Secretary of State shall determine the votes cast for candidates for Senator and Representative and certify to the persons having the highest number of votes for the respective offices as duly elected.

SEC. 4.

 Section 15505 of the Elections Code is amended to read:

15505.
 No later than the 32nd day following the election, the Secretary of State shall analyze the votes given for presidential electors, and certify to the Governor the names of the proper number of persons having the highest number of votes. The Secretary of State shall thereupon issue and transmit to each presidential elector a certificate of election. The certificate shall be accompanied by a notice of the time and place of the meeting of the presidential electors and a statement that each presidential elector will be entitled to a per diem allowance and mileage in the amounts specified.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.