Proposition 43

Right to Have Vote Counted

Background

The State Constitution establishes a system of voter registration and elections for United States citizens at least 18 years of age who reside in the state. However, it does not explicitly guarantee the right of the voter to have his/her vote counted. The procedures, requirements, and deadlines for counting votes are set forth in the California Elections Code.

Proposal

This measure amends the Constitution to explicitly state that every vote cast in accordance with state law shall be counted, thus affirming in the Constitution the right of the voter to have his/her vote counted.

In addition, Chapter 919, Statutes of 2001 (Assembly Bill 733, Longville) would explicitly place in state law the existing authority of county election officials to petition the Superior Court for an extension of any post-election deadline to permit the tabulation or recounting of ballots and the authority of the court to grant such a petition. However, the operation of Chapter 919 depends on voter approval of Proposition 43.

Fiscal Effect

This measure would not result in additional costs to the state or local governments.


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