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AB-461 Write-in candidates.(2011-2012)

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AB461:v95#DOCUMENT

Assembly Bill No. 461
CHAPTER 189

An act to add Section 15342.5 to the Elections Code, relating to elections.

[ Approved by Governor  August 08, 2011. Filed with Secretary of State  August 08, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 461, Bonilla. Write-in candidates.
Existing law regulates the processing of write-in votes, including requiring that a ballot for a qualified write-in candidate be counted if, on specified voting systems, the candidate’s name is written on the ballot in the blank space provided and the voting space next to the write-in space, if provided, is marked according to voting instructions. It further requires that, for other voting systems, a ballot for a write-in candidate, if otherwise qualified, be counted if the name is written in the manner described in the voting instructions.
This bill would require a liberal construction of these write-in vote processing provisions in the event of a manual recount conducted under specified circumstances to ensure that a ballot is counted if the voter’s intent can be determined, regardless of whether the voter has complied with the voting instructions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 15342.5 is added to the Elections Code, to read:

15342.5.
 In the event of a manual recount conducted pursuant to Section 15610 or requested pursuant to Section 15620 or 15621, the process set forth in Section 15342 shall be liberally construed to ensure that each ballot is counted if the intent of the voter can be determined, regardless of whether the voter has complied with the voting instructions.