Today's Law As Amended


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AB-2194 Elections: statewide recounts.(2013-2014)



As Amends the Law Today


SEC. 4.SECTION 1.

 Section 15626 of the Elections Code is amended to read:

15626.
 (a)  The recount shall be commenced not more than seven days following the receipt by the elections official of the request or order  for the recount under Section 15620, 15621, or 15645 and shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. The recount shall not be commenced until the first day following notification of the individuals specified in Section 15628.
(b) This section shall remain in effect only until July 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2015, deletes or extends that date.

SEC. 2.

 Section 15626 is added to the Elections Code, to read:

15626.
 (a) The recount shall be commenced not more than seven days following the receipt by the elections official of the request for the recount under Section 15620 or 15621 and shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. The recount shall not be commenced until the first day following notification of the individuals specified in Section 15628.
(b) This section shall become operative on July 1, 2015.

SEC. 3.

 Article 5 (commencing with Section 15645) is added to Chapter 9 of Division 15 of the Elections Code, to read:

Article  5. Automatic Recounts
15645.
 (a) Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Secretary of State shall order an automatic manual recount of all votes cast for a statewide office or state ballot measure if any of the following occurs:
(1) The official canvass of returns in a statewide primary election shows that the difference in the number of votes received by the second and third place candidates for a statewide office is less than or equal to one-tenth of 1 percent of the number of all votes cast for both candidates.
(2) The official canvass of returns in a statewide general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes for a statewide office is less than or equal to one-tenth of 1 percent of the number of all votes cast for both candidates.
(3) The official canvass of returns in a statewide election shows that the difference in the number of votes cast for and against a state ballot measure is less than or equal to one-tenth of 1 percent of the number of all votes cast on the measure.
(b) It is the intent of the Legislature to fully reimburse counties for costs resulting from conducting an automatic manual recount required by this section in an expeditious manner upon certification of those costs. A candidate shall not be charged for an automatic manual recount required by this section.
15646.
 Upon ordering a recount pursuant to subdivision (a) of Section 15645, the Secretary of State shall notify the elections official of each county and shall direct the county elections officials to recount all the votes cast for the office or for and against the state ballot measure. The elections official in each county shall commence the recount within seven days of receiving notice under this section.
15647.
 All the provisions of Article 3 (commencing with Section 15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627, shall apply to this article unless otherwise provided herein.
15648.
 The Secretary of State may adopt, amend, and repeal rules and regulations necessary for the administration of this article.
15649.
 This article shall remain in effect only until July 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2015, deletes or extends that date.
SEC. 4.
  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.
SEC. 5.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that all eligible voters are able to have their votes counted at the November 4, 2014, statewide general election, it is necessary for this act to take effect immediately.