California 2025-2026 Regular Session

California Assembly Bill AB5 Compare Versions

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1-Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 5Introduced by Assembly Member BermanDecember 02, 2024An act to add Section 15307 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 5, as amended, Berman. Tallying and release of election results.Elections: official canvass.Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. Existing law requires elections officials to prepare a certified statement of the results of the election within 30 days of the election and to send the Secretary of State a complete copy of all election results within 31 days of the election. Existing law requires the Secretary of State to prepare, certify, and file a statement of the vote no later than the 38th day after the election.This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.This bill would require elections officials, on or before the 10th day following an election, to finish counting all ballots, with certain exceptions, including provisional ballots and ballots for which the voter must either verify or provide a signature, and release a vote count for those ballots. The bill would authorize the Secretary of State to grant an extension of that deadline to an elections official upon request. By increasing the duties of county elections officials, the 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 15307 is added to the Elections Code, to read:15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.(4) A provisional ballot.(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.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.SECTION 1.It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 5Introduced by Assembly Member BermanDecember 02, 2024 An act relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 5, as introduced, Berman. Tallying and release of election results. Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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3- Amended IN Assembly March 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 5Introduced by Assembly Member BermanDecember 02, 2024An act to add Section 15307 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 5, as amended, Berman. Tallying and release of election results.Elections: official canvass.Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. Existing law requires elections officials to prepare a certified statement of the results of the election within 30 days of the election and to send the Secretary of State a complete copy of all election results within 31 days of the election. Existing law requires the Secretary of State to prepare, certify, and file a statement of the vote no later than the 38th day after the election.This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.This bill would require elections officials, on or before the 10th day following an election, to finish counting all ballots, with certain exceptions, including provisional ballots and ballots for which the voter must either verify or provide a signature, and release a vote count for those ballots. The bill would authorize the Secretary of State to grant an extension of that deadline to an elections official upon request. By increasing the duties of county elections officials, the 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 5Introduced by Assembly Member BermanDecember 02, 2024 An act relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 5, as introduced, Berman. Tallying and release of election results. Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly March 10, 2025
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7-Amended IN Assembly March 10, 2025
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 5
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1515 Introduced by Assembly Member BermanDecember 02, 2024
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1717 Introduced by Assembly Member Berman
1818 December 02, 2024
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20-An act to add Section 15307 to the Elections Code, relating to elections.
20+ An act relating to elections.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 5, as amended, Berman. Tallying and release of election results.Elections: official canvass.
26+AB 5, as introduced, Berman. Tallying and release of election results.
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28-Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. Existing law requires elections officials to prepare a certified statement of the results of the election within 30 days of the election and to send the Secretary of State a complete copy of all election results within 31 days of the election. Existing law requires the Secretary of State to prepare, certify, and file a statement of the vote no later than the 38th day after the election.This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.This bill would require elections officials, on or before the 10th day following an election, to finish counting all ballots, with certain exceptions, including provisional ballots and ballots for which the voter must either verify or provide a signature, and release a vote count for those ballots. The bill would authorize the Secretary of State to grant an extension of that deadline to an elections official upon request. By increasing the duties of county elections officials, the 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 the statutory provisions noted above.
28+Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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30-Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. Existing law requires elections officials to prepare a certified statement of the results of the election within 30 days of the election and to send the Secretary of State a complete copy of all election results within 31 days of the election. Existing law requires the Secretary of State to prepare, certify, and file a statement of the vote no later than the 38th day after the election.
30+Existing law requires elections officials to commence the canvass for an election no later than the Thursday following the election and to make the canvass open to the public. Existing law requires the canvass to be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.
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3232 This bill would state the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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36-This bill would require elections officials, on or before the 10th day following an election, to finish counting all ballots, with certain exceptions, including provisional ballots and ballots for which the voter must either verify or provide a signature, and release a vote count for those ballots. The bill would authorize the Secretary of State to grant an extension of that deadline to an elections official upon request. By increasing the duties of county elections officials, the bill would impose a state-mandated local program.
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38-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.
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40-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.
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4234 ## Digest Key
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4436 ## Bill Text
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46-The people of the State of California do enact as follows:SECTION 1. Section 15307 is added to the Elections Code, to read:15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.(4) A provisional ballot.(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.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.SECTION 1.It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
38+The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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4840 The people of the State of California do enact as follows:
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5042 ## The people of the State of California do enact as follows:
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52-SECTION 1. Section 15307 is added to the Elections Code, to read:15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.(4) A provisional ballot.(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.
44+SECTION 1. It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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54-SECTION 1. Section 15307 is added to the Elections Code, to read:
46+SECTION 1. It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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48+SECTION 1. It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.
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5650 ### SECTION 1.
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58-15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.(4) A provisional ballot.(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.
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60-15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.(4) A provisional ballot.(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.
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62-15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.(4) A provisional ballot.(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.
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66-15307. (a) On or before the 10th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.
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68-(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 10th day following the election does not apply to any of the following:
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70-(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.
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72-(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.
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74-(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.
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76-(4) A provisional ballot.
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78-(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.
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80-(c) An elections official may request an extension of the deadline set forth in subdivision (a) from the Secretary of State. The Secretary of State may grant an extension for that elections official if the Secretary of State determines there are sufficient grounds.
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82-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.
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84-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.
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86-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.
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88-### SEC. 2.
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92-It is the intent of the Legislature to enact legislation that assists counties in the prompt tallying and release of election results.