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Kevin Mullin mulls election recount reform bill

By Josh Richman
Wednesday, July 16th, 2014 at 10:27 am in Assembly, Kevin Mullin.

The politically ugly recount now under way in the race for state controller has inspired a Bay Area Assemblyman to start working on a bill to reform the election recount process.

Kevin MullinAssemblyman Kevin Mullin, D-South San Francisco, announced Wednesday he’s researching ways to ensure the recount process in future statewide elections is fair to all candidates, and he plans to introduce a bill when the Legislature returns from its summer recess.

Mullin said options might include setting a threshold that automatically triggers the recount process for very close races, the development of a recount standard across counties, and a state-funded recount process.

“California is in uncharted territory with the Controller’s race recount,” Mullin said in a news release. “It’s imperative to our system of governance that the election process is fair and transparent for all voters and candidates. We are actively researching a variety of options and engaging in discussions with the Secretary of State’s office so we can craft comprehensive legislation on this issue.”

Fresno Mayor Ashley Swearengin, a Republican, clearly finished first in the primary election for controller, but Board of Equalization member Betty Yee edged out fellow Democrat and Assembly Speaker Emeritus John Perez by 481 votes in their race to finish second. Perez has demanded a recount, specifying 15 counties in which he did better than Yee.

Current law lets a candidate demanding a recount specify not only which counties but even specific precincts and the order in which they’re recounted; the candidate must pay for the recount on a daily basis but can stop the process whenever a desired result is achieved. (Clarification: All of the ballots in each county included in a recount request must be recounted in order to change the result, though Perez could halt the recount between any of the 15 counties he specified if he gets a number he wants.) The other candidate can then choose whether or not to demand a recount too. Critics note this gives an advantage to whoever can better afford a recount – in this case, Perez.

“When the recount process is necessary, it should be easily implemented and every vote valued and counted equally,” Mullin said.

Mullin said he also plans to pursue legislation to standardize county-by-county vote counting and reporting procedures for vote-by-mail ballots that are dropped off at polling places on Election Day. His goal is to avoid the kinds of delays experienced in this year’s controller’s race as county vote tallies were aggregated and reported on the Secretary of State’s website.

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