RIGHT TO HAVE VOTE COUNTED
Legislative Constitutional Amendment
THE QUESTION
Should the California Constitution be amended to require that every
vote legally cast in an election be counted?
PROVISIONS
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.
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.
FISCAL EFFECT
This measure would not result in additional costs to the state
or local governments.
IMPACT OF YES OR NO VOTE
A YES vote means any post-election deadline for reporting vote
totals would be extended, if necessary, to ensure that all votes
are counted.
A NO vote means that the present situation, where the California
Constitution recognizes the right of citizens to vote but does not
guarantee that every vote will be counted, will continue.
SUPPORTERS SAY
- Last year's debacle in Florida points up the need to ensure
that counting deadlines are not used to deny some individuals
the right to have their vote counted.
- Proposition 43 does not change laws regarding recounting ballots
or determining voter intent.
- It will help ensure the legitimacy of California elections without
encouraging frivolous lawsuits.
OPPONENTS SAY
- The loss, destruction, or damage of ballots before they were
counted might invalidate an election even though there was no
doubt as to the winners.
- Proposition 43 could invite lawsuits over whether all votes
had been counted, making the outcome of an election uncertain
for a long period of time.
- Proposition 43 will not resolve a more important problem, that
of mistakes made by voters in casting their ballots causing uncertainty
as to their intentions
SUPPORT AND OPPOSITION
Ballot arguments in support are signed by the following: Assemblymember
John Longville, Chair Assembly Committee on Elections, Reapportionment,
and Constitutional Amendments; Barbara Inatsugu, President, League
of Women Voters of California; James K. Knox, Executive Director,
California Common Cause
Ballot arguments in opposition are signed by the following:
Gary B. Wesley, Co-Chair, Voter Information Alliance (VIA); Melvin
L. Emerich, Co-Chair, Voter Information Alliance (VIA)
For more information:
Supporters:
Ethan Jones, (916) 443-6036, YesOnProp43@sbcglobal.net
Opponents:
Voter Information Alliance, (408) 882-5070, www.VoterInformationAlliance.org
For more information, see Smart
Voter Proposition 43.
You may link to any individual proposition page.
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