Elections: official canvass.

Plain English Breakdown

The official source material does not specify what happens if elections officials do not meet the new deadline.

Elections: Official Canvass

This law sets a new deadline of 13 days after an election for elections officials to count and release results of ballots, with exceptions for certain types of ballots.

What This Bill Does

• Sets a new rule that elections officials must finish counting all regular ballots by the 13th day after an election.
• Requires officials to release a vote count for counted ballots on or before the 13th day after the election.
• Allows extensions if certain types of ballots, like provisional ones and those requiring voter verification or signatures, are not yet counted and need more time.
• Requires elections officials to notify the Secretary of State about any delays in counting votes.

Who It Names or Affects

• Elections officials who must count and release results within a set timeframe.
• The public, as they will receive election results faster.

Terms To Know

Canvass

The process of counting votes after an election.

Provisional ballots

Ballots cast by voters who are not sure if they are eligible to vote at that polling place.

Limits and Unknowns

• Does not specify what happens if elections officials do not meet the new deadline.
• The law does not explain how provisional ballots and other specific types of ballots will be handled after the initial deadline.

Official Summary Text

AB 5, Berman.
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 require elections officials, on or before the 13th 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. If an elections official will not meet that deadline, they would be required to file a notice of extension, including the reason for the extension, with the Secretary of State. 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.

Current Bill Text

Download Bill PDF