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AB-996 Elections: recounts.(2023-2024)

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Date Published: 07/03/2024 09:00 PM
AB996:v95#DOCUMENT

Amended  IN  Senate  July 03, 2024
Amended  IN  Senate  June 17, 2024
Amended  IN  Senate  June 10, 2024
Amended  IN  Assembly  March 27, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 996

Introduced by Assembly Member Low

February 15, 2023

An act to amend Section 15645 of, and to add Section 15624.1 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 996, as amended, Low. Elections: recounts.
(1) Existing law establishes procedures by which a voter may request a recount of the votes cast in an election following completion of the official canvass. Under existing law, the voter or the campaign committee represented by the voter seeking the recount must, before the recount is commenced and at the beginning of each subsequent day, deposit with the elections official the amount of money required to cover the cost of the recount for that day.
This bill would require any committee that provides a deposit to cover the cost of the recount, including a committee that is registered only with the Federal Election Commission, to identify the source of any contribution to that committee of at least $10,000 that is received during the period of the week before the recount beginning with election day and continuing through a week after the recount ends. The bill would require an elections official, within 24 hours of receipt, to publish this information on the official’s internet website, except as specified.
(2) Existing law authorizes the Governor or Secretary of State, as applicable, to, within a specified time frame, order a state-funded manual recount of all votes cast for a statewide office if, among other things, 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 is less than or equal to the lesser of 1,000 votes or 0.015% of the number of all votes cast for that office.
This bill would require the Governor or Secretary of State, as applicable, Governor, within a specified time frame, to order a state-funded manual recount of all votes cast for Governor, State Senator, Member of the Assembly, Member of the United States Senate, or Member of the United States House of Representative if either 1) the official canvass of returns for a primary election shows that the difference in the number of votes received by the second and third place candidates is less than the greater of 25 votes or 0.25% of the number of all votes cast for that office, or 2) the official canvass of returns for a general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes is less than the greater of 25 votes or 0.25% of the number of all votes cast for that office. The bill would require the recount to be conducted by means of the voting system originally used to cast or tabulate the votes subject to recount. The bill would authorize the Secretary of State to request, as part of the recount, an examination of specific categories of relevant materials, as defined, and it would permit specified interested parties to be present during the examination.
By expanding the duties of county elections officials with respect to conducting recounts, this bill would create 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 15624.1 is added to the Elections Code, to read:

15624.1.
 (a) (1) This section applies to any committee, including a committee registered only with the Federal Election Commission, that provides the daily deposit or part of the daily deposit for a voter-requested recount.
(2) This section shall apply in either of the following cases:
(A) The committee provides the deposit directly to the elections official.
(B) The committee provides the funds to another person or another committee to pay the deposit.
(b) For any contribution of at least $10,000 ten thousand dollars ($10,000) received by the committee during the period consisting of one week before the recount begins beginning with election day and continuing through one week after the recount ends, the committee shall report the following information to the elections official to whom the deposit was provided:
(1) Contributor’s name.
(2) Contributor’s street address.
(3) Contributor’s occupation, if any.
(4) Contributor’s employer, if any, or if self-employed, the name of the business.
(5) The date and amount received for each contribution of at least $10,000. ten thousand dollars ($10,000).
(6) Multiple contributions from a single source that total at least $10,000 ten thousand dollars ($10,000) and that are received during the period described in this subdivision. The contributions shall be reported within 24 hours of receipt of the contribution that causes the total amount to equal at least $10,000. ten thousand dollars ($10,000).
(c) The committee shall use reasonable efforts to verify whether the contributor is the true source of the contribution or an intermediary. If the contributor is an intermediary, the committee shall use reasonable efforts to identify and disclose the information described in subdivision (b) for the individual, committee, or other entity that is the true source of the contribution.
(d) Within 24 hours of receipt of the information described in subdivision (b), the elections official shall publish the information on their internet website. website, except the following information shall be omitted or redacted:
(1) Contributor’s street, building, or unit number.
(2) Contributor’s street name.
(e) The requirements imposed by this section are in addition to any other requirements imposed on elections officials and committees under applicable federal and state law.

SEC. 2.

 Section 15645 of the Elections Code is amended to read:

15645.
 (a) (1) Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Governor may order a state-funded manual recount of all votes cast for a statewide office or state ballot measure if any of the following occurs, except as provided in paragraph (4): (3):
(A) 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 the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office except as provided in paragraph (3). (2).
(B) 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 the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office.
(C) 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 the lesser of 1,000 votes or 0.00015 of the number of all votes cast on the measure.

(2)(A)Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Governor shall order a state-funded manual recount of all votes cast for State Senator, Member of the Assembly, Member of the United States Senate, or Member of the United States House of Representatives, if either of the following occurs:

(i)The official canvass of returns in a primary election shows that the difference in the number of votes received by the second and third place candidates is less than the greater of 25 votes or 0.0025 of the number of all votes cast for that office.

(ii)The official canvass of returns in a general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes is less than the greater of 25 votes or 0.0025 of the number of all votes cast for that office.

(B)If the conditions set forth in subparagraph (A) are satisfied with respect to the number of votes cast for the office of Governor, the Secretary of State, but not the Governor, shall order a state-funded manual recount pursuant to this paragraph.

(3)

(2) The Governor shall not order a state-funded manual recount of all votes cast for the office of Superintendent of Public Instruction pursuant to this section unless the official canvass of returns in a statewide primary election shows either of the following:
(A) The number of votes received by the candidate receiving the greatest number of votes was either of the following:
(i) Between 0.49985 and 0.50015, inclusive, of the number of all votes cast.
(ii) Within 1,000 votes of 50 percent of the number of all votes cast.
(B) No candidate for the office of Superintendent of Public Instruction received votes on a majority of all the ballots cast for candidates for that office and the difference in the number of votes received by the second and third place candidates for that office was less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office.

(4)

(3) If the conditions set forth in paragraph (1) are satisfied with respect to the number of votes cast for the office of Governor, the Secretary of State, but not the Governor, may order a state-funded manual recount pursuant to this section.

(5)

(4) For purposes of this subdivision, “statewide office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, or Member of the United States Senate.
(b) (1) Within five days following the completion of the official canvass, or if an election is conducted in more than one county, within five days beginning on the 31st day after the election, the Governor shall order a state-funded recount of all votes cast for State Senator, Member of the Assembly, or Member of the United States House of Representatives, if either of the following occurs:
(A) The official canvass of returns in a primary election shows that the difference in the number of votes received by the second and third place candidates is less than the greater of 25 votes or 0.0025 of the number of all votes cast for that office.
(B) The official canvass of returns in a general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes is less than the greater of 25 votes or 0.0025 of the number of all votes cast for that office.
(2) The recount shall be conducted by means of the voting system originally used to cast or tabulate the votes subject to recount. Only one method of recount shall be used for all ballots cast or tabulated by the same type of voting system.
(3) (A) Before the recounting of ballots commences, the Secretary of State may submit a written request to the elections official to examine specific categories of relevant materials as part of the recount.
(B) The elections official shall produce any relevant materials requested.
(C) The elections official shall communicate any request to examine relevant materials to each interested party. Any interested party may be present during the examination of relevant materials.
(D) For purposes of this paragraph, the following terms have the following meanings:
(i) “Interested party” means any person identified in Section 15628.
(ii) “Relevant materials” includes unvoted ballots, vote by mail and provisional ballot envelopes, voting system redundant vote data, ballot definition files, language translation files and the central database or other electronic repository of results for the election in which the contest subject to recount occurred, election data media devices, audit logs, system logs, pre- and post-election logic and accuracy testing plans and results, polling place event logs, precinct tally results, central count tally results and consolidated results in a structured, non-proprietary format, surveillance video recordings and chain of custody logs, including logs of security seals and access to election-related storage areas.

(b)

(c) If a state-funded recount is conducted pursuant to this section, no other recount shall be conducted.
(c) The State shall reimburse counties for costs resulting from conducting a manual recount pursuant to this section in an expeditious manner upon certification of those costs.

SEC. 3.

 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.