Bill Text


Add To My Favorites | print page

AB-2959 Elections: voter-requested recounts.(2007-2008)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB2959:v96#DOCUMENT

Enrolled  July 16, 2008
Passed  IN  Senate  July 03, 2008
Passed  IN  Assembly  July 14, 2008
Amended  IN  Senate  June 11, 2008
Amended  IN  Assembly  April 15, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2959


Introduced  by  Assembly Member Brownley

February 22, 2008


An act to amend Section 15624 of, and add Section 15624.5 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2959, Brownley. Elections: voter-requested recounts.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 15624 of the Elections Code is amended to read:

15624.
 (a) The voter filing the request seeking the recount shall, before the recount is commenced and at the beginning of each day following, deposit with the elections official a sum as required by the elections official to cover the actual costs allocable to the cost of the recount for that day. The actual costs shall include only those costs associated with conducting the recount and shall not include costs that would have been incurred in the absence of a recount.
(b) The moneys deposited shall be returned to the depositor if, upon completion of the recount, the candidate, slate of presidential electors, or the position on the measure (affirmative or negative) for which the declaration is filed is found to have received the plurality of votes cast which it had not received according to the official canvass or, in an election where there are two or more candidates, the recount results in the candidate for whom the recount was requested appearing on the ballot in a subsequent runoff election or general election who would not have so appeared in the absence of the recount. The depositor shall be entitled to the return of moneys deposited in excess of the cost of the recount if the candidate, slate, or position on the measure has not received the plurality of the votes cast or, in an election where there are two or more candidates, the recount does not result in the candidate for whom the recount was requested appearing on the ballot in a subsequent runoff or general election as a result of the recount. Moneys not required to be refunded shall be deposited in the appropriate public treasury.

SEC. 2.

 Section 15624.5 is added to the Elections Code, to read:

15624.5.
 (a) The elections official shall, not later than one day before the recount is commenced and at the beginning of each day following the commencement of the recount, provide the voter filing the request seeking the recount, and a member of the public upon request, with an itemized estimate of costs for the recount.
(b) The sum deposited by the voter filing the request seeking the recount before the recount is commenced and at the beginning of each day following the commencement of the recount pursuant to Section 15624 shall not exceed the amount reflected in the most current itemized estimate of costs for the recount provided to the voter by the elections official pursuant to subdivision (a).
(c) The elections official shall identify any necessary adjustment in the itemized estimate of costs for the recount in the immediate subsequent itemized estimate of costs for the recount provided to the voter filing the request seeking the recount after the necessary adjustment was discovered.
(d) Upon completion of a recount, the elections official shall prepare an itemized account of the actual costs of the recount and shall provide that itemized account to the public upon request.

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.