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AB-566 Elections: official canvass period.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
AB566:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 566


Introduced by Assembly Members Berman and Mullin

February 13, 2019


An act to add Section 15305 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 566, as amended, Berman. Elections: official canvass period.
Existing law requires the official canvass for an election to commence no later than the Thursday following the election and to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six 6 hours each day until completed. Elections officials are required to report the final results of the canvass to the governing board and the Secretary of State.

This bill would require an elections official to send daily reports to the Secretary of State on the number of outstanding unprocessed ballots, as defined, during the official canvass period. By requiring new duties of local government officials, this bill would impose a state-mandated local program.

This bill would require an elections official, on the 2nd day after an election, to send to the Secretary of State an initial report containing the estimated number of outstanding unprocessed ballots, as defined. Commencing on the 6th day after the election, the elections official would be required to send a report on the estimated number of outstanding unprocessed ballots whenever the elections official publicly releases updated election results during the official canvass period. By requiring new duties of local government officials, this bill 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 15305 is added to the Elections Code, to read:

15305.
 (a) For purposes of this section, “unprocessed ballot” means a voted polling place ballot, voted vote-by-mail vote by mail ballot, voted provisional ballot, or voted conditional registration ballot that has not yet been counted or processed for counting.
(b) On the second day after the election, an elections official shall send to the Secretary of State an initial report containing the estimated number of outstanding unprocessed ballots.
(c) Commencing on the sixth day after the election, an elections official shall, one time per business day, on any day that the elections official publicly releases updated election results, send to the Secretary of State a report on the estimated number of outstanding unprocessed ballots. The daily report shall be submitted to the Secretary of State in the form and manner prescribed by the Secretary of State, and the last daily report shall be delivered upon the completion of the official canvass.

SEC. 2.

 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.