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Home > Elections > March 2002 > Pros/Cons > Prop 43
  PROPOSITION 43
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RIGHT TO HAVE VOTE COUNTED

Legislative Constitutional Amendment

THE QUESTION

Should the California Constitution be changed to require that every vote legally cast in an election be counted?

THE SITUATION

Presently the California Constitution recognizes the right of citizens to vote, but does not guarantee that all votes will be counted. Stimulated by the vote-counting debacle in Florida last year, the Legislature has placed before the voters a Constitutional Amendment designed to ensure that all votes legally cast in this state will be counted.

THE PROPOSAL

Proposition 43 seeks to add one sentence to the California Constitution: "A voter who casts a vote in an election in accordance with the laws of the state shall have that vote counted." The Legislature would authorize the extension of counting deadlines, if such extension were necessary to finish a complete count.

FISCAL EFFECT

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

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.
  • It 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 its winners.
  • Proposition 43 could invite lawsuits over whether all votes have 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.

For more information:

Suppporters: Ethan Jones, (916) 443-6036, YesOnProp43@sbcglobal.net

Opponents: Voter Information Alliance, (408) 882-5070, www.VoterInformationAlliance.org


See also Smart Voter Proposition 43 and "In Depth".

 


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