REQUESTED CALIFORNIA ELECTION CODE CHANGES
California Election Code 15360
Semifinal Official Canvas
Article 5:
One Percent Manual Tally
Requested additions:
- That the results of the ONE PERCENT MANUAL TALLY be posted publicly
and available to the public. (I have had to
write a public records request to receive it here in LA County. I have
asked for it in digital form but have only received it on paper.)
- (now in revised law) That the corrected
results from the ONE PERCENT MANUAL TALLY be included in the certified
results; that is, the corrected totals for the selected precincts be
changed, when necessary, to reflect the hand counted corrected results.)
- That candidates be notified when the ONE PERCENT MANUAL TALLY shows,
in any contest, that a different candidate won compared to the announced
results.
- That when the ONE PERCENT MANUAL TALLY shows that a different candidate
won compared to the announced winner, (#3) then automatically at least
10% of the precincts in that contest also be recounted by hand in that
contest.
- That the poll books with voters’ signatures should be recounted and
compared to the total ballots cast, as part of the ONE PERCENT MANUAL
TALLY.
- (now in revised law) That the absentee
and provisional ballots –counted and rejected—be included as part of
the ONE PERCENT MANUAL TALLY: hand counted and reported.
I would invite lawmakers to consider the serious inadequacy
of the ONE PERCENT MANUAL TALLY of precincts to show if the election results
are accurate. In some cases 1% of precincts may not even be 1% of the
total ballots cast. If this ONE PERCENT MANUAL TALLY of precincts is meant
to serve as a legitimate audit of each election, then California lawmakers
should consider replacing the ONE PERCENT MANUAL TALLY with a real audit
that should include at least 10% of ballots cast in all precincts. DEBRA
BOWEN NOW CONSIDERING REVISING 15360. I am aware that not all the registrar’s
of voters in California conduct the ONE PERCENT MANUAL TALLY. Perhaps
the Secretary of State can issue a directive stating that she/he will
not accept the final certified vote totals at the end of the canvas period
without the results of the ONE PERCENT MANUAL TALLY also being submitted.
Perhaps that added pressure would force compliance with this legally required
mini-audit. CA Election Code15625 Semifinal Official Canvas: Article 2:
special recount boards; members; appointment; compensation; supervision.
Requested clarification:
1. That the cost of the recount should be only what is stated in this section,
“Each member of a recount board shall receive the same compensation per
day as is paid in the jurisdiction within which the recount is being conducted
to members of precinct boards, other than inspectors, to be paid out of
the appropriate public treasury.”
Although the Registrar of Voters in Orange County followed that law in
a recount last December, both Conny McCormack, LA County, and Michael
Haas, San Diego County charged (from our request for an itemized account
of expenses) for security, overhead, and the salaries of the administrators
for that day or days in addition to the payment to the members of the
recount boards. Therefore the costs were $7,109.00 instead of $1,200.00
and $8,756.00 instead of $1,800.00. These election officials are paid
their salaries to respond to citizen requests for recounts and should
not be paid double. McCormack and Haas stated that they had the right
to charge over and above what the Election Code stipulates. Please clarify
if registrars are legally able to charge these additional charges. This
overcharging of citizens for a recount has the effect of a SLAPP action
and makes this double-check for an accurate vote count out of reach of
everyday citizens. Is it possible for citizens to be repaid the extra
expenses that these registrars charged in August 2005 and Dec. 2006?
Suggested additions to the Voters’ Bill of Rights:
One other action that perhaps does not require a law change is to have
the following items listed on the voters' bill of rights posted at the
precincts. Maybe Debra, as SoS, can approve these to be added:
- A voter has the right to request and receive a paper ballot as an
alternative to using electronic voting options and has the right to
have that paper ballot hand counted. (The paper ballot will not be provisional.)
- Citizens may observe any and all activities during the closing of
the polls. (CA Election Code:15201)
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