BILL NUMBER: AB 44INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mullin DECEMBER 1, 2014 An act to amend Section 15626 of, and to add Article 5 (commencing with Section 15645) to Chapter 9 of Division 15 of, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 44, as introduced, Mullin. Elections: statewide recounts. 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 seeking the recount is required, before the recount is commenced and at the beginning of each subsequent day, to deposit with the elections official the amount of money required by the elections official to cover the cost of the recount for that day. This bill would require the Secretary of State to order an automatic manual recount of all votes cast for a statewide office, the office of President of the United States, or a state ballot measure if the difference in the number of votes received is less than or equal to 0.1%, as specified. By imposing new duties on local elections 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 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 15626 of the Elections Code is amended to read: 15626. 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 Section1562015620, 15621, or15621,15645 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. SEC. 2. 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) (1) 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: (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 one-tenth of 1 percent of the number of all votes cast for both candidates, except as provided in paragraph (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 one-tenth of 1 percent of the number of all votes cast for both candidates. (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 one-tenth of 1 percent of the number of all votes cast on the measure. (2) The Secretary of State shall not order an automatic manual recount of all votes cast for the office of Superintendent of Public Instruction if the official canvass of returns in a statewide primary election shows that a candidate received a majority of all votes cast. (3) 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) 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 the office of President of the United States if either of the following occurs: (1) The official canvass of returns in a statewide presidential primary election for a political party that received the greatest or second-greatest number of votes in that presidential primary election shows that the difference in the number of votes received by the first and second place candidates for the nomination of that party for the office of President 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 the office of President is less than or equal to one-tenth of 1 percent of the number of all votes cast for both candidates. (c) 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) or (b) 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. 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.