California Assembly Bill AB1525 Amended / Bill

 BILL NUMBER: AB 1525AMENDED BILL TEXT AMENDED IN SENATE JUNE 25, 2009 AMENDED IN SENATE JUNE 9, 2009 INTRODUCED BY Assembly Member Beall (Coauthor: Assembly Member Harkey) FEBRUARY 27, 2009 An act to amend  Sections   Section  15620  and 15632  of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1525, as amended, Beall. Elections: recounts.  (1) Existing law provides that if a recount of a presidential or statewide election is conducted that produces a different result than the original election result, the recount vote tallies shall replace the official canvass and shall constitute the official returns for those precincts where the recount took place.   This bill would extend these provisions to recounts in elections conducted in multicounty jurisdictions.   (2)    Existing law permits a voter to request a recount in an election, other than a statewide election, within 5 days after the election date by filing a request with the elections officials who conducted the election. This bill would permit a voter to request a recount in an election conducted in more than one county, but not statewide, within 5 days beginning on the 29th day after the election. Because the bill would change duties of local elections officials, it would impose a state-mandated local program.  (3)    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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15620 of the Elections Code is amended to read: 15620. Following completion of the official canvass, any voter may, within five days thereafter, file with the elections official responsible for conducting an election in the county wherein the recount is sought a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure, provided the office, slate, or measure is not voted on statewide. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed. If an election is conducted in more than one county, the request for the recount may be filed by any voter within five days, beginning on the 29th day after the election, with the elections official of, and the recount may be conducted within, any or all of the affected counties. For the purposes of this section, "completion of the canvass" shall be presumed to be that time when the elections official signs the certified statement of the results of the election except that, in the case of a city election, if a city council canvasses the returns itself and does not order the elections official to conduct the canvass as permitted by Section 10263, "completion of the canvass" shall be presumed to be that time when the governing body declares the persons elected or the measures approved or defeated.  SEC. 2.   Section 15632 of the Elections Code is amended to read: 15632. In lieu of the returns as reported in the official canvass, upon completion of the recount showing that a different candidate was nominated or elected, that a different presidential slate of electors received a plurality of the votes, or that a measure was defeated instead of approved or approved instead of defeated, there shall be entered the result of the recount in each precinct affected, which result shall, for all purposes thereafter, be the official returns of those precincts for the office, slates of presidential electors, or measure involved in the recount. If the office, slates of presidential electors, or measure are not voted on statewide, or in a multicounty jurisdiction, the results of any recount which is not completed by counting the votes in each and every precinct in the jurisdiction within which votes were cast on the candidates for the office, on the slates of electors, or on the measure in question shall be declared null and void. If the office, slates of presidential electors, or measure are voted on statewide, or in a multicounty jurisdiction, the results of any recount will be declared null and void where there is not recounted each vote cast for the office, slates, or measure in any county specified in the request or requests for recount filed pursuant to Section 15620 or 15621.   SEC. 3.  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.