AB 245

This bill makes various changes to the state's election laws, including the

following:

1. Under current law, the Elections Commission is authorized to review the

conduct of election officials for violations of law and abuse of discretion. Current law

provides that the commission may, after investigation, issue an order requiring an

election official to conform his or her conduct to the law, restraining an election

official from taking an action inconsistent with the law, or requiring an election

official to correct an action or decision inconsistent with the law.

This bill authorizes the commission to issue such other temporary orders of

limited effect as it deems necessary to carry out its powers and duties in reviewing

the conduct of election officials.

2. Under current law, only courts are authorized to review matters concerning

recounts. This bill does not affect that authority but additionally authorizes the

commission to review the decision or other conduct of an election official with respect

to matters concerning a recount in order to determine whether the official's decision

or other conduct is contrary to law or constitutes an abuse of discretion. That

authority mirrors the commission's authority with respect to other matters arising

in the course of elections. Under the bill, the commission may not review a final

recount determination that is ripe for appeal in court.

3. This bill alters the methods of delivery of a recount petition to candidates in

an election. Under current law, a petition for a recount for an elected office must be

filed with the clerk or body with whom nomination papers are filed for that office. The

clerk or body is required to deliver the petition to each opposing candidate or the

candidate's designated agent. The candidate or agent must acknowledge personal

delivery of the petition by signing a receipt. If a candidate or agent does not

personally accept delivery of the petition, the clerk or body must promptly deliver the

copies of the petition to the sheriff, who must then deliver the copies of the petition

to each candidate at the address given on the candidate's nomination papers in the

manner provided for service of a summons in civil actions.

This bill adds the following steps to this process:

a. If a candidate or agent does not personally accept delivery of the petition, the

clerk or body is required to attempt to notify the candidate or agent of the petition

by e-mail and by telephone and, upon receiving acknowledgment from the candidate

or agent, retain documentation of that notice.

b. If the clerk or body does not receive acknowledgment by e-mail or by

telephone, the clerk or body must deliver copies of the petition to the sheriff for

service as described above. However, if the sheriff does not serve a copy of the petition

within 24 hours, the clerk or body must publish or post notice of the petition, which

must occur at least 24 hours before the start of the recount.

4. Under current law, the commission is required to provide information on a