SUPPORTS

Proposition 43 - Right to Have Vote Counted

This measure amends the California Constitution to state explicitly 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, passage of Proposition 43 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. (These provisions are contained in Chapter 919, Statutes of 2001-AB 733, Longville-which will take effect only if Proposition 43 is approved by the voters.)

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.

The 2000 presidential election demonstrated that election administration systems in many parts of the country seriously need improvement. Confusion over which ballots should or should not be counted led to a substantial delay in determining which presidential candidate won in Florida. Hand recounts were begun, but they were stopped in order to meet a deadline for state certification of the results. By stating the principles that should guide the counting of validly cast votes, Proposition 43 is intended to prevent in California the kind of uncertainty experienced in Florida in the 2000 election.

• In the 2000 presidential election, many votes were not counted in Florida because of problems with equipment, questions about whether votes were validly cast, and uncertainty about which candidate some voters had selected. Thousands of votes were not counted because a recount could not be completed by an arbitrary deadline. Proposition 43 is a safeguard to prevent that happening here.
• California's election laws attempt to ensure the integrity and smooth operation of our elections. But when laws conflict with one another, there is no guarantee which law will prevail. Proposition 43 expressly provides that you have a constitutional right to have your vote counted, regardless of problems that arise after you cast your vote.
• This measure does not change the election laws regarding recounting ballots or determining voter intent. It simply provides that if a voter follows applicable election laws, that voter should have the right to have her or his vote counted. The right to vote is meaningless if votes are not counted.

RESOURCES

Marion Taylor, LWVC Government Director, mtaylor@got.net

Anne Henderson LWVC Legislative Director, annehenderson@worldnet.att.net

Ethan Jones, 916-443-6036, YesOnProp43@sbcglobal.net

Editor:

On March 5, California voters will have an opportunity to pass an amendment to the California Constitution which could prevent the kind of chaos that followed the 2000 presidential election in Florida.

Proposition 43 would simply amend the state's constitution to read "A voter who casts a vote in an election in accordance with the laws of this state shall have that vote counted."

This is not a partisan referendum on the last presidential election. This amendment was passed by a large, bipartisan majority of the legislature in order to strengthen California's election laws.

As we've seen in Florida, when election laws and regulations are in conflict with one another, there are no guarantees that the need for expedience won't win out over the need for an accurate counting of each and every vote.

By voting YES on Prop. 43, Californians will be assured that their votes will never be discarded because someone decided there wasn't enough time to accurately count their votes.

Sincerely,