California may be a progressive state. But when it comes to election recount laws, we remain in democracy's dark ages.

In 2012, I requested the first ever recount for a statewide ballot measure (Proposition 29) in California state history. I later advised statewide recounts for Proposition 37 in 2012 and the Controller's race in 2014. I helped Assemblyman Kevin Mullin craft 2014 legislation allowing a taxpayer-funded recount for any statewide contest with a margin "less than or equal to the lesser of 1,000 votes or 0.00015 percent."

That legislation was very narrow and did not mandate automatic recounts for Congressional races. This past May, the Santa Clara and San Mateo County Registrars certified March 5th's U.S. House primary race as a tie for second place between Evan Low and Joe Simitian which, in some states, triggers an automatic recount. In California, however, current law indicated that both Low and Simitian would advance, with first-place finisher, Sam Liccardo to the first Top-THREE general election in California's history. (Since 2010, the state has held Top-Two primaries, where candidates from all parties run against each other in the primary and the two top vote-getters advance to the general, regardless of party. In this case, all three candidates are Democrats running in a very liberal leaning part of the state.)

Instead of all three men advancing, however, a voter named Jonathan Padilla stepped forward to request a hand recount --- as any voter is allowed to under state law, assuming they are willing to pay for it. The law also requires that requestors name the candidate on whose behalf they are seeking the recount. Though neither Low nor his campaign was involved in the request, Padilla cited him as the candidate on whose behalf he was seeking the new count. He did so with the expectation, per California law, that the money would be refunded if the final outcome of the election changed to benefit Low.

After being presented with an initial estimate that a hand recount could cost as much as $500,000, Padilla sought a less-expensive machine count, which, in the past, have been proven to be less accurate...