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".
You may link to any individual proposition page.
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