Bill
Number: S.B. 1010
Mesnard
Floor Amendment
Reference
to: GOVERNMENT Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
Post-Election
Hand Count Audits
1. Requires the number of precincts
required to achieve a 99 percent statistical significance for a hand count
audit to be determined by the Vote Count Verification Committee (Committee).
2. Deems a vote center to be a precinct for
the purpose of a hand count.
3.
Requires, for
a county with a population of 800,000 or more persons, a hand count audit to be
conducted on the greater of the following, rather than the lesser of 1 percent
of early ballots cast or 5,000 early ballots:
a) the number of early ballots, as determined
by the Committee, necessary to achieve a statistical significance consisting of
a 99 percent confidence level with a margin of error of 2 percent; or
b) 10,000 early ballots.
4. Requires, for a county with a population
of less than 800,000 persons, a hand count audit to be conducted on the number
of early ballots necessary to achieve a statistical significance consisting of
a 99 percent confidence level with a margin of error of 3 percent, rather than
the lesser of 1 percent of early ballots cast or 5,000 early ballots.
5. Removes permissive authority of the
Attorney General (AG), Secretary of State (SOS) or Legislative Council to
request a hand count audit be conducted on a higher number of precincts.
Recounts
Requested by the AG, SOS or Legislative Council
6. Allows the AG, SOS or Legislative
Council, within five days after completion of the canvass, to request a recount
by hand count or voting equipment of any election that does not trigger an
automatic recount.
7. Allows the recount to be requested for
the total number of votes cast in an election or the total number of votes cast
at any precinct, voting center, district, other jurisdiction or any combination
of those portions of an election.
8. Requires the recount request to be
submitted in writing to the applicable county recorder and county board of
supervisors or other officer in charge of elections for the election being
recounted.
9. Requires the SOS to receive a copy of a
recount requested by the AG or Legislative Council.
10. Requires the AG and Legislative Council
to receive a copy of a recount requested by the SOS.
11. Asserts that the expenses of the recount
are a state charge.
12. Requires the recount to comply with
statutory requirements and procedures for an automatic recount.
13.
Allows a
county recorder or other applicable election officer who is conducting a
recount to continue with election preparation, comply with statutory deadlines
and perform other duties required by law without regard to the recount.
14. Exempts elections for precinct committeemen,
school district governing boards, community college district governing boards,
fire district governing boards, fire district chiefs or secretary-treasurers or
boards of other special districts from a recount requested by the AG, SOS or
Legislative Council.
Recounts
Requested by Filing a Bond in Superior Court
15. Requires, for a recount requested by
filing a bond in superior court, the request to be made within five days after
completion of the canvass.
16. Allow a recount to be requested for the
total number of votes cast in an election or the total number of votes cast at
any precinct, voting center, district, other jurisdiction or combination of
those portions of an election.
17. Allows a county recorder or other
applicable election officer who is conducting a recount to continue with
election preparation, comply with statutory deadlines and perform other duties
required by law without regard to the recount.
18. Exempts elections for precinct
committeemen, school district governing boards, community college district
governing boards, fire district governing boards, fire district chiefs or
secretary-treasurers or boards of other special districts from a recount
requested by filing a bond in superior court.
Miscellaneous
19. Makes technical and conforming changes.
Page 1, line
1, after "precincts" insert "as determined by the vote count verification committee ESTABLISHED
pursuant to THIS section that is"
Line 4,
after "county" insert "on
election day"
Line 6,
after "level" insert a period
Strike line
7, insert:
"Line
35, after the period strike remainder of line
Strike lines
36 and 37, insert "The""
Line 8,
after "precincts" insert "as
determined by the vote count verification committee established pursuant to
this section that is"
Line 11,
strike the period insert a comma
Line 14,
strike "not"
Line 15,
after the period strike remainder of line
Strike lines
16 and 17, insert:
"Page
4, line 44, after the period insert "For a county with a population of
eight hundred thousand persons or more,"
Line 45,
strike "a number equal to one"
Page 5, line
1, strike "percent of the total number of
early ballots cast or five"
insert "ten"
Line 2,
strike ", whichever is less" insert "or the number of
early ballots as determined by the vote count verification committee
established pursuant to this section that is required to achieve a statistical
significance consisting of a ninety-Nine percent confidence level with a
margin of error of two percent based on the total number of early ballots cast
in that county, whichever is greater. for a county with a population
of less than eight hundred thousand persons, The chairmen or the
chairmen's designees shall randomly select from those sequestered early ballots
the number of early ballots as determined by the vote count verification
committee established pursuant to this section that is required to achieve a
statistical significance consisting of a ninety-Nine percent confidence
level with a margin of error of three percent based on the total number of
early ballots cast in that county"
Page 6, line
32, strike "section" insert "sections"; after "16-661.01"
insert "and 16-661.02"
Between
lines 32 and 33, insert:
"START_STATUTE16-661.01. Recounts; attorney general;
secretary of state; legislative council; procedures; exemptions
A. WITHIN
FIVE DAYS AFTER COMPLETION OF THE CANVASS, FOR ANY ELECTION OTHER THAN AN
ELECTION THAT REQUIRES AN AUTOMATIC RECOUNT AS PRESCRIBED IN SECTION 16-661,
THE ATTORNEY GENERAL, SECRETARY OF STATE OR LEGISLATIVE COUNCIL MAY REQUEST A
RECOUNT OF THE TOTAL NUMBER OF VOTES CAST IN THE ELECTION OR THE TOTAL NUMBER
OF VOTES CAST AT ANY PRECINCT, voting center OR DISTRICT OR OTHER JURISDICTION
OR ANY COMBINATION OF THOSE PORTIONS OF AN ELECTION. THE REQUEST SHALL BE
SUBMITTED IN WRITING TO THE APPLICABLE COUNTY RECORDER and county board of
supervisors OR other OFFICER IN CHARGE OF ELECTIONS FOR THE ELECTION BEING
RECOUNTED. If requested by the legislative council or the attorney general,
the secretary of state shall receive a copy of the request and if requested by
the secretary of state, the legislative council and the attorney general shall
receive a copy of the request. THE ATTORNEY GENERAL, SECRETARY OF
STATE OR LEGISLATIVE COUNCIL MAY REQUEST A RECOUNT BY HAND COUNT OR A RECOUNT
BY VOTING EQUIPMENT.
B. NOTWITHSTANDING
SECTION 16-666, THE EXPENSES OF THE RECOUNT SHALL BE A STATE CHARGE.
C. A
RECOUNT CONDUCTED PURSUANT TO THIS SECTION SHALL COMPLY WITH THE REQUIREMENTS
AND PROCEDURES FOR AN AUTOMATIC RECOUNT PRESCRIBED BY THIS ARTICLE. A COUNTY
RECORDER OR OTHER APPLICABLE ELECTION OFFICER WHO IS CONDUCTING A RECOUNT MAY
CONTINUE WITH ELECTION PREPARATION, COMPLY WITH STATUTORY DEADLINES AND PERFORM
OTHER DUTIES REQUIRED BY LAW WITHOUT REGARD TO THE RECOUNT.END_STATUTE
D. This
section does not apply to elections for precinct committeemen, school district
governing boards, community college district governing boards, fire district
boards or fire district chiefs or secretary-treasurers or boards of other
special districts."
Line 33,
strike "16-661.01" insert "16-661.02"; after "procedure"
insert ";exemptions"
Page 6, line
34, after "a." insert "Within
five days after completion of the canvass"; strike "that"
Line 35,
strike "is not subject to" insert "other than an election that requires"
Line 38,
after the period insert "The requested RECOUNT may be for
the total number of votes cast in an election or the total number of votes cast
at any precinct, voting center or district or other jurisdiction or any
combination of those portions of an election."
Line 44, after
the period insert "A COUNTY RECORDER OR OTHER APPLICABLE
ELECTION OFFICER WHO IS CONDUCTING A RECOUNT MAY CONTINUE WITH ELECTION
PREPARATION, COMPLY WITH STATUTORY DEADLINES AND PERFORM OTHER DUTIES REQUIRED
BY LAW WITHOUT REGARD TO THE RECOUNT.
C. This
section does not apply to ELECTIONS FOR PRECINCT COMMITTEEMEN, SCHOOL DISTRICT
GOVERNING BOARDS, COMMUNITY COLLEGE DISTRICT GOVERNING BOARDS, FIRE DISTRICT
BOARDS OR FIRE DISTRICT CHIEFS OR SECRETARY-TREASURERS OR BOARDS OF OTHER
SPECIAL DISTRICTS.""END_STATUTE
Amend title to conform