citation: ELEC § 14310

text:
(a) At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the roster for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows:

(1) An elections official shall advise the voter of the voter’s right to cast a provisional ballot.

(2) The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the ballot, and a written affirmation regarding the voter’s registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d).

(3) The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.

(b) Once voted, the voter’s ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections official’s instructions. The provisional ballot envelopes specified in this subdivision shall be of a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes.

(c) (1) During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration or other signature in the voter’s registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.

(2) (A) Provisional ballots shall not be included in any semiofficial or official canvass, except under one or more of the following conditions:

(i) The elections official establishes prior to the completion of the official canvass, from the records in his or her office, the claimant’s right to vote.

(ii) The provisional ballot has been cast and included in the canvass pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.

(iii) Upon the order of a superior court in the county of the voter’s residence.

(B) A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time prior to completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section.

(3) The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official.

(A) If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot.

(B) If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.

(d) The Secretary of State shall establish a free access system that any voter who casts a provisional ballot may access to discover whether the voter’s provisional ballot was counted and, if not, the reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section.

(f) This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voter’s ballot.

(g) Any existing supply of envelopes marked “special challenged ballot” may be used until the supply is exhausted.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 64. (SB 286) Effective January 1, 2018.)

article: 5. Provisional Voting

path: 14. ELECTION DAY PROCEDURES > 3. Procedures at Polls > 5. Provisional Voting


kind: section

code: ELEC

citation: ELEC § 14311

text:
(a) A voter who has moved from one address to another within the same county and who has not reregistered to vote at that new address may, at his or her option, vote on the day of the election at the polling place at which he or she is entitled to vote based on his or her current residence address, or at the office of the county elections official or other central location designated by that elections official. The voter shall be reregistered at the place of voting for future elections.

(b) Voters casting ballots under this section shall be required to vote by provisional ballot, as provided in Section 14310.

history: (History: Amended by Stats. 2003, Ch. 809, Sec. 9.5. Effective January 1, 2004.)

division: 14. ELECTION DAY PROCEDURES

chapter: 3. Procedures at Polls

article: 5. Provisional Voting


citation: ELEC § 14312

text: This article shall be liberally construed in favor of the provisional voter.

history: (History: Added by Stats. 2003, Ch. 175, Sec. 1. Effective January 1, 2004.)

article: 5. Provisional Voting


citation: ELEC § 14313

text:
(a) Upon the declaration of a state of emergency by the Governor and the issuance of an executive order authorizing an emergency worker to cast a ballot outside of his or her home precinct, elections officials in the counties included in the executive order shall, upon demand, issue to an emergency worker a provisional ballot that may be identical to the provisional ballot offered to other voters in the county, using a process to be determined by the elections official. The elections official shall transmit for processing any ballot cast, including any materials necessary to process the ballot, pursuant to this section to the elections official in the county where the voter is registered to vote.

(b) To be counted, a ballot cast pursuant to this section shall satisfy both of the following requirements:

(1) Be cast by the voter no later than the close of the polls on election day.

(2) Be received by the county elections official where the voter is registered on or before the 10th day following the date of the election.

(c) Upon receipt of the returned ballot, the elections official shall process the ballot pursuant to the procedures in subdivision (c) of Section 14310.

(d) If the requirements in subdivisions (b) and (c) are met and the ballot is eligible to be counted, the ballot shall be duplicated and all other materials preserved according to the procedures set forth in this code.

(e) “Emergency worker” for the purposes of this section means a person who is officially engaged in responding to the proclaimed state of emergency and whose vocation has been identified in an executive order relating to the state of emergency.

history: (History: Added by Stats. 2009, Ch. 395, Sec. 1. (AB 1440) Effective January 1, 2010.)

article: 5. Provisional Voting


citation: ELEC § 14314

text: The Secretary of State shall promulgate regulations establishing guidelines for county elections officials relating to the processing of provisional ballots.

history: (History: Added by Stats. 2016, Ch. 821, Sec. 2. (AB 1970) Effective January 1, 2017.)

article: 5. Provisional Voting


citation: ELEC § 14400

text: At any election, all members of the precinct board shall be present at the closing of the polls.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

chapter: 4. Closing of the Polls

article: 1. General Provisions

path: 14. ELECTION DAY PROCEDURES > 4. Closing of the Polls > 1. General Provisions


citation: ELEC § 14401

text: When the polls are closed, the precinct board shall proclaim that fact aloud at the place of election. After the proclamation no ballot shall be received. However, if at the hour of closing there are any other voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote.

article: 1. General Provisions


citation: ELEC § 14402

text: Any one who arrives at the polling place after the time provided for closing the polls shall not be entitled to vote, even though the polls are open when the voter arrives.

article: 1. General Provisions


text: If the time for closing the polls is extended pursuant to a court order, all votes cast during the time that the closing of the polls is extended shall be by provisional ballot. Any provisional ballots cast pursuant to this section shall be separated and held apart from other provisional ballots cast by voters prior to the time the closing of the polls was extended.

history: (History: Added by Stats. 2003, Ch. 809, Sec. 10. Effective January 1, 2004.)

article: 1. General Provisions


citation: ELEC § 14403

text:
(a) Immediately upon the closing of the polls and before any voted ballot is taken from any of the ballot containers, the precinct board member shall, in the presence of all persons in the room who may desire to observe them, proceed to render the unused ballots unusable in one of the following ways:

(1) By drawing across its face, in ink or indelible pencil, two lines that cross each other, the cross to be more than three inches square. The precinct board member shall thereupon, immediately and before any ballots are taken from any ballot container, place all defaced ballots within an envelope or other receptacle provided for that purpose.

(2) By tearing or cutting in a manner so that it is apparent that the ballot has been intentionally destroyed to prevent its use. If this method of destruction is used, it shall be done in a manner so that the serial number of the ballots is retained for the purposes of reconciliation.

(3) By placing all of the unused ballots into a special container provided for that purpose. A tamperproof seal containing spaces for entering the total number of unused ballots enclosed, the beginning and ending serial numbers thereof, and signature lines for all members of the precinct board following a statement certifying that all of the ballots were placed in the container in their presence and the information on the seal is true and correct, shall be provided. After signing the seal, it shall be placed on the container in a manner so that the container cannot be opened without tearing the seal.

(b) This section does not apply to elections conducted using vote centers.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 65. (SB 286) Effective January 1, 2018.)

article: 1. General Provisions


citation: ELEC § 14404

text:
(a) Immediately upon the arrival of the hour when the polls are required by law to be closed on election day, the elections official conducting the election shall openly, in the elections official’s main office, in the presence of any persons who are present to observe, according to the procedure set forth in Section 14403, proceed to render every unused ballot remaining in the control of the elections official unusable. The elections official shall forthwith make and file an affidavit, in writing, as to the number of ballots destroyed. If the procedure in subdivision (c) of Section 14403 is used, the tamperproof seal shall be signed by the elections official and at least one deputy or assistant elections official or registrar. The sealed container shall then be placed, with the sealed containers containing unused ballots from the precincts, in a security area by the elections official until disposition is made pursuant to Section 17301 or 17302.

Alternatively, the elections official may, immediately upon the arrival of the hour when the polls are closed, recycle for any other lawful purpose any unused ballots remaining in the control of the elections official that clearly identify the election for which they were prepared. No later than 30 days following the last day to certify the official results of the election, the elections official shall make and file an affidavit, in writing, as to the number of ballots recycled. At the elections official’s discretion, the unused ballots may be recycled up to six months following an election or at the conclusion of an election contest proceeding, whichever is later.

(b) This section does not apply to elections conducted using vote centers.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 66. (SB 286) Effective January 1, 2018.)

article: 1. General Provisions


citation: ELEC § 14405

text:
(a) The members of the precinct board shall account for the ballots delivered to them by returning a sufficient number of unused ballots to make up, when added to the number of official ballots cast and the number of spoiled and canceled ballots returned, the number of ballots given to them. The accounting of ballots may either:

(1) Take place at the polling place.

(2) Be performed by the county elections official at the central counting place.

(b) The precinct board shall complete the roster as required in Section 14107, and shall also complete and sign the certificate of performance prescribed in Section 15280, if that section applies.

(c) This section does not apply to elections conducted using vote centers.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 67. (SB 286) Effective January 1, 2018.)

article: 1. General Provisions


citation: ELEC § 14420

text:
(a) Except as provided in subdivision (c), before or as soon as the polls are closed, the precinct board shall remove the voted ballots from the ballot container and take them out of the secrecy envelopes or detach them from the secrecy stubs. Where the envelope or stub is also the write-in ballot, and a write-in vote has been registered thereon, the ballot card shall not be separated from the envelope or stub. If two or more separate ballot cards have been used in the election, the precinct board shall sort them into groups, each of which shall contain the same series of ballot cards.

(b) After completing the action described in subdivision (a), the precinct board shall count the number of ballot cards in each group, and certify the number of ballots cast on the voting roster as provided by Section 14107. If there is any discrepancy between the number of voters listed in the roster and the number of ballots voted, this fact shall be noted with an explanation of the difference and signed by all the members of the precinct board.

(c) Before or at the close of the polls, the county elections official may direct the precinct board to seal the ballot container and record on forms provided by the elections official the information needed for the reconciliation of ballots required by Section 14405.

history: (History: Amended by Stats. 2015, Ch. 725, Sec. 2. (AB 363) Effective January 1, 2016.)

article: 2. Elections Using Voting Systems

path: 14. ELECTION DAY PROCEDURES > 4. Closing of the Polls > 2. Elections Using Voting Systems


citation: ELEC § 14421

text: Unless the county elections official has directed the precinct board to seal the ballot container and record information pursuant to subdivision (c) of Section 14420, the precinct board shall group voted ballot cards and voted separate write-in ballots, as directed by the elections official, and place them in containers. The board shall also place spoiled and void ballots, if any, in containers as directed by the elections official. All of these ballots, along with the containers for voted ballot cards, shall be placed in one or more boxes, which shall then be sealed and delivered as soon as possible to the receiving centers or central counting places with the unused ballots, supplies, and other materials as directed by the elections official.

history: (History: Amended by Stats. 2015, Ch. 725, Sec. 3. (AB 363) Effective January 1, 2016.)

article: 2. Elections Using Voting Systems


citation: ELEC § 14422

text:
(a) (1) Notwithstanding any other provision of law, the county elections official may direct a precinct board to seal the ballot container prior to the closing of the polls, in accordance with the procedures set forth in Sections 14420 and 14421.

(2) Notwithstanding Section 14215, as soon as the container is sealed, the county elections official may direct at least two elections officials to remove the sealed ballot container of voted untallied ballots from the polling place and the presence of any bystanders and to deliver the container to a receiving center or central counting place as directed.

(3) At least 48 hours in advance of an election, the elections official shall notify the public of the dates, times, and places at which ballot containers will be delivered pursuant to this subdivision.

(b) Upon receipt of a container at a receiving center or central counting place pursuant to subdivision (a), the county elections official may process the voted untallied ballots, but shall not tally the ballots or release any results prior to the closing of the polls.

(c) The Secretary of State shall adopt regulations addressing the secure delivery and transfer of ballots to a receiving center or central counting place pursuant to this section.

(d) This section shall not be construed as relieving a precinct board of its responsibility to account for ballots pursuant to Section 14405.

history: (History: Added by Stats. 2015, Ch. 725, Sec. 4. (AB 363) Effective January 1, 2016.)

article: 2. Elections Using Voting Systems


citation: ELEC § 14428

text:
(a) Notwithstanding Section 14420, in elections conducted using vote centers, at the end of each voting day, the precinct board shall remove the voted ballots from the ballot container and deliver them to the central receiving center pursuant to Section 14422.

(b) The precinct board shall certify to the election official the number of ballots cast at the vote center on the roster, as well as the number of ballots voted. If there is any discrepancy between the numbers, the discrepancy shall be noted with an explanation of the difference and signed by all members of the precinct board.

(c) The precinct board shall record on forms the information needed for the reconciliation of the ballots required by Section 14405.

(d) For vote centers using tabulating equipment, the precinct board shall record the number of ballots cast on each voting device and securely seal the device to prevent additional ballots from being cast until the next day of voting. The precinct board shall record all seals used for this procedure on a log for each vote center.

history: (History: Added by renumbering Section 14228 by Stats. 2018, Ch. 92, Sec. 66. (SB 1289) Effective January 1, 2019.)

article: 2.5. Elections Using Vote Centers

path: 14. ELECTION DAY PROCEDURES > 4. Closing of the Polls > 2.5. Elections Using Vote Centers


citation: ELEC § 14430

text: The precinct board, as soon after the polls are closed as possible, shall prepare the supplies, including the copies of the voter list or roster posted at or near the polling place, and records of the election for delivery to the elections official.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 69. (SB 286) Effective January 1, 2018.)

article: 3. Return of Supplies to the Clerk

path: 14. ELECTION DAY PROCEDURES > 4. Closing of the Polls > 3. Return of Supplies to the Clerk


citation: ELEC § 14431

text: The precinct board shall enclose and seal in one or more packages, as determined by the elections official, all voted, spoiled, canceled, or unused ballots.

history: (History: Added by Stats. 1998, Ch. 1073, Sec. 19. Effective January 1, 1999.)

article: 3. Return of Supplies to the Clerk


citation: ELEC § 14432

text:
The precinct board shall enclose and seal in one or two packages, as determined by the elections official, all of the following:

(a) Two tally sheets, if ballots are to be tabulated manually at the precinct.

(b) The roster. If an electronic poll book is used, either or both the electronic poll book and the electronic media containing the roster shall be secured and returned to the elections official.

(c) The copy of the voter list. If an electronic voter list is used, either or both the electronic voter list and the electronic media containing the voter list shall be secured and returned to the elections official.

(d) The challenge list.

(e) The assisted voter’s list.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 70. (SB 286) Effective January 1, 2018.)

article: 3. Return of Supplies to the Clerk


citation: ELEC § 14433

text: If ballots are counted at precincts pursuant to Article 3 (commencing with Section 15340) or Article 5 (commencing with Section 15360) of Chapter 4 of Division 15, the precinct board immediately shall transmit, unsealed, to the elections official a statement showing the result of the votes cast at the polling place. The statement shall be open to public inspection.

article: 3. Return of Supplies to the Clerk


citation: ELEC § 14434

text: The sealed packages containing the lists, papers, and ballots shall be delivered by two of its members without delay, unopened, to the elections official or to a receiving station designated by the elections official.

article: 3. Return of Supplies to the Clerk


citation: ELEC § 14435

text: No list, tally, paper, or certificate returned from any election shall be set aside or rejected for want of form, nor because it is not strictly in accordance with this code, if it can be satisfactorily understood.

article: 3. Return of Supplies to the Clerk


citation: ELEC § 14440

text: Before any election, the governing body of the jurisdiction holding the election shall decide that certain offices or measures to be voted on are of more than ordinary public interest and require an early tabulation and announcement. The decision shall be transmitted to the elections official not less than 30 days before the election.

history: (History: Added by Stats. 1998, Ch. 1073, Sec. 20. Effective January 1, 1999.)

article: 4. Snap Tallies

path: 14. ELECTION DAY PROCEDURES > 4. Closing of the Polls > 4. Snap Tallies


citation: ELEC § 14441

text:
The elections official shall prepare and forward to each selected precinct forms containing a list of the offices and measures designated as being of more than ordinary interest, and stating the number of ballots to be counted for the snap tally. In each general election, the special form shall, for each office listed on it, include the names of all candidates for that office whose names appear on the ballot.

The inspector at each selected precinct shall note the results of the count and the total number of votes cast in the precinct on the snap tally forms as soon as the designated number of ballots has been tallied. The inspector shall then communicate the figures in the manner directed by the elections official. In each general election, the figures shall include the votes cast for every candidate whose name appears on the ballot for an office listed on the forms. The inspector shall continue, each time the designated number of ballots have been tallied, to note and report the results as directed.

article: 4. Snap Tallies


citation: ELEC § 14442

text: Upon receipt from the precincts of the reports of votes cast on the specially designated offices and measures, the elections official shall tabulate the results and make the results available to the public. In each general election, all these reports of the election results shall include the votes cast for all candidates whose names appear on the ballot for each office for which returns are reported.

article: 4. Snap Tallies


citation: ELEC § 14443

text: If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices.

history: (History: Amended by Stats. 2023, Ch. 676, Sec. 48. (AB 1219) Effective January 1, 2024.)

article: 4. Snap Tallies


citation: ELEC § 15000

text: No later than seven days prior to any election conducted pursuant to this code, the elections official shall conduct a test or series of tests to ensure that every device used to tabulate ballots accurately records each vote. The exact methods employed in this test shall conform to the voting procedures for the specific voting systems, as adopted by the Secretary of State.

history: (History: Repealed and added by Stats. 1998, Ch. 1073, Sec. 23. Effective January 1, 1999.)

chapter: 1. Preparation for Canvass

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 1. Preparation for Canvass


citation: ELEC § 15001

text:
(a) A copy of each election computer vote count program for a statewide election or state special election to fill vacancies shall be deposited with the Secretary of State. The copy of the election computer vote count program shall be received by the Secretary of State no later than 5 p.m. on the seventh day before the election.

(b) If the election computer vote count program is modified or altered after the submission specified in subdivision (a), the elections official immediately shall deposit the subsequent program no later than 12 p.m. on the day of the election.

(c) The Secretary of State shall hold the deposited programs for a period of not less than six months, at which time the program shall be returned to the elections official.

(1) The elections official shall preserve the returned program for a period of 16 months.

(2) The programs deposited in accordance with this section shall be used only for a recanvass of the vote, an official recount, court action, or for logic and accuracy tests required by the Secretary of State.

(3) Any tape, diskette, cartridge, or other magnetic or electronic storage medium containing the vote count program submitted pursuant to this section shall be maintained by the Secretary of State in a secure location when not in use for an official purpose specified in paragraph (2).

(d) The Secretary of State may, by mandamus or other appropriate proceeding, require and compel the county elections officials to submit the computer vote count program specified in subdivision (a). Venue for a proceeding under this section shall be exclusively in Sacramento County.

division: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES


citation: ELEC § 15002

text: No later than January 1 of each even-numbered year, the Secretary of State shall review, and if necessary amend, administrative procedures for use with each of the voting systems pursuant to Division 19.


citation: ELEC § 15003

text: Elections officials shall adopt semifinal official and official canvass procedures to conform to the applicable voting system procedures that have been approved by the Secretary of State. These procedures shall be available for public inspection no later than 29 days before each election.


citation: ELEC § 15004

text:
(a) Each qualified political party may employ, and may have present at the central counting place or places, not more than two representatives to check and review the preparation and operation of the tabulating devices, their programming and testing, and have the representatives in attendance at any or all phases of the election.

(b) Any bona fide association of citizens or a media organization may employ, and may have present at the central counting place or places, not more than two representatives to check and review the preparation and operation of the tabulating devices, their programming and testing, and have the representatives in attendance at any or all phases of the election.

(c) The county elections official may limit the total number of representatives employed pursuant to subdivision (b) in attendance to no more than 10 by a manner in which each interested bona fide association of citizens or media organization has an equal opportunity to participate. Any representatives employed and in attendance pursuant to subdivision (a) shall not be subject to the limit specified in this subdivision.

history: (History: Amended by Stats. 2006, Ch. 690, Sec. 1. Effective January 1, 2007.)


citation: ELEC § 15006

text:
(a) (1) The Attorney General shall provide guidance and information to county elections officials regarding how elections officials, precinct boards, election workers, and election volunteers should respond to requests by an agent of a law enforcement agency to access areas where ballots are cast, handled, processed, counted, tabulated, tallied, audited, or recounted.

(2) The Attorney General shall publish and provide guidance to managers of election sites regarding how to respond to requests by an agent of a law enforcement agency to access areas where ballots are cast, handled, processed, counted, tabulated, tallied, audited, or recounted.

(b) The guidance and information provided pursuant to subdivision (a) shall be developed in consultation with the Secretary of State, be consistent with federal and state law, and aim to ensure that all voting locations remain safe and accessible to all voters.

(c) For the purposes of this section, “law enforcement agency” means all of the following:

(1) Any law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(2) Any law enforcement agency of another state.

(3) Any federal law enforcement agency.

history: (History: Added by Stats. 2026, Ch. 10, Sec. 1. (SB 73) Effective May 27, 2026.)


citation: ELEC § 15007

text:
(a) A peace officer shall not interfere in any manner with the administration of any election in this state and in the discharge of duties by the Secretary of State, a county elections official, an election worker, or a volunteer performing required elections-related tasks prescribed by this code or any other provision of state law except as necessary to respond to urgent threats to public health and safety.

(b) The following persons may bring a civil action to enforce the provisions of this section:

(1) The Attorney General.

(2) The Secretary of State.

(3) A county elections official with respect to violations that occur within the elections official’s county.

(c) A court shall expedite the scheduling and disposition of a civil action brought pursuant to this section if the action is filed during the period beginning thirty days before election day and ending with the completion of the canvass.

(d) The provisions of this section shall not prevent a qualified elector from exercising their right to vote in an election in this state and shall not be construed to authorize an action that would be prohibited by federal law or to limit any federal authority that is validly exercised pursuant to federal law.

history: (History: Added by Stats. 2026, Ch. 10, Sec. 2. (SB 73) Effective May 27, 2026.)


citation: ELEC § 15100

text: The provisions of this chapter apply to the processing of vote by mail ballots during the 29-day period before any election, during the semifinal official canvass, and during the official canvass.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 86. Effective January 1, 2008.)

chapter: 2. Vote by Mail Ballot Processing

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 2. Vote by Mail Ballot Processing


citation: ELEC § 15101

text:
(a) An elections official may begin to process vote by mail ballot return envelopes and vote by mail ballots on the date on which the ballots are mailed, which shall not be later than 29 days before the election.

(b) (1) Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope pursuant to Section 3019 and updating voter history records.

(2) Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on the day of the election.

(c) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election.

history: (History: Amended by Stats. 2025, Ch. 140, Sec. 1. (AB 16) Effective January 1, 2026.)


citation: ELEC § 15102

text:
The official shall appoint a special counting board or boards in numbers that he or she deems adequate to count the vote by mail ballots. The official shall provide for the forms of tally books and the distribution of the duties of the members of the canvassing board.

When the tally is done by hand, there shall be no less than four persons for each office or proposition to be counted. One shall read from the ballot, the second shall keep watch for any error or improper vote, and the other two shall keep the tally.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 88. Effective January 1, 2008.)


citation: ELEC § 15103

text: The elections official shall pay a reasonable compensation to each member of the canvassing board of vote by mail ballots. This compensation shall be paid out of the treasury of the agency conducting the election as other claims against it are paid.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 89. Effective January 1, 2008.)


citation: ELEC § 15104

text:
(a) The processing of vote by mail ballot return envelopes, and the processing and counting of vote by mail ballots, shall be open to the public, both prior to and after the election.

(b) A member of the county grand jury, and at least one member each of the Republican county central committee, the Democratic county central committee, and of any other party with a candidate on the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots.

(c) The elections official shall notify vote by mail voter observers and the public at least 48 hours in advance of the dates, times, and places where vote by mail ballots will be processed and counted.

(d) Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail voter observers shall be allowed sufficiently close access to enable them to observe the vote by mail ballot return envelopes and the signatures thereon and challenge whether those individuals handling vote by mail ballots are following established procedures, including all of the following:

(1) Verifying signatures on the vote by mail ballot return envelopes by comparing them to voter registration information.

(2) Duplicating accurately damaged or defective ballots.

(3) Securing vote by mail ballots to prevent tampering with them before they are counted.

(4) Verifying signatures on statements completed pursuant to subdivisions (d) and (e) of Section 3019.

(e) A vote by mail voter observer shall not interfere with the orderly processing of vote by mail ballot return envelopes or the processing and counting of vote by mail ballots, including the touching or handling of the ballots.

(f) A vote by mail voter observer shall not be permitted to challenge a signature on a vote by mail ballot return envelope pursuant to subdivision (a) of Section 3019, or on statements completed pursuant to subdivisions (d) and (e) of Section 3019, on the basis that they believe the signature does not compare with the signatures appearing in the voter’s registration record.

history: (History: Amended by Stats. 2026, Ch. 10, Sec. 3. (SB 73) Effective May 27, 2026.)


citation: ELEC § 15105

text: Challenges to a vote by mail voter may be made for the same reasons as those made against a voter voting at a polling place. In addition, a challenge may be entered on the grounds that the ballot was not received within the time provided by this code or that a person is currently serving a state or federal prison term for the conviction of a felony. All challenges shall be made prior to the opening of the identification envelope of the challenged vote by mail voter.

history: (History: Amended by Stats. 2022, Ch. 161, Sec. 29. (AB 2608) Effective August 22, 2022.)


citation: ELEC § 15106

text: Except as otherwise provided, the processing of vote by mail ballot return envelopes, the processing and counting of vote by mail ballots, and the disposition of challenges of vote by mail ballots shall be according to the laws now in force pertaining to the election for which they are cast. Because the voter is not present, the challenger shall have the burden of establishing extraordinary proof of the validity of the challenge at the time the challenge is made.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 92. Effective January 1, 2008.)


citation: ELEC § 15107

text: If a challenge is overruled, the board shall open the identification envelope without defacing the affidavit printed on it or mutilating the enclosed ballot and, without viewing the ballot, remove it and destroy the numbered slip, if any remains, and store the ballots in a secure location.

history: (History: Added by Stats. 1998, Ch. 1073, Sec. 25. Effective January 1, 1999.)


citation: ELEC § 15108

text: If a challenge is allowed, the board shall endorse on the face of the identification envelope the cause of the challenge and its action thereon.


citation: ELEC § 15109

text: Except as otherwise provided in this chapter, the counting and canvassing of vote by mail ballots shall be conducted in the same manner and under the same regulations as used for ballots cast in a precinct polling place.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 93. Effective January 1, 2008.)


citation: ELEC § 15110

text: Reports to the Secretary of State of the findings of the canvass of vote by mail ballots shall be made by the elections official pursuant to Chapter 3 (commencing with Section 15150) and Chapter 4 (commencing with Section 15300).

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 94. Effective January 1, 2008.)


citation: ELEC § 15111

text: The elections official shall keep an accurate list of all voters who have received and voted a vote by mail ballot at each election and compare this list with the roster as provided in Section 15278. That list shall include the election precinct of the voter.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 71. (SB 286) Effective January 1, 2018.)


citation: ELEC § 15112

text:
When elections are consolidated pursuant to Division 10 (commencing with Section 10000), and only one form of ballot is used at the consolidated election, the ballots cast by vote by mail voters shall be counted only in connection with elections to which vote by mail voter privileges have been extended by law.

Whenever the period of time within which vote by mail voters’ ballots shall be received by the elections official in order to be counted, as provided for any election by this code or any other law of this state, is different from that period of time provided for another election, and the elections are consolidated and only one form of ballot used for both elections, all vote by mail voters’ ballots issued for the consolidated election may be counted for both elections if received by the elections official within whichever period of time is longer.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 96. Effective January 1, 2008.)


citation: ELEC § 15150

text: For every election, the elections official shall conduct a semifinal official canvass by tabulating vote by mail and precinct ballots and compiling the results. The semifinal official canvass shall commence immediately upon the close of the polls and shall continue without adjournment until all precincts are accounted for.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 97. Effective January 1, 2008.)

chapter: 3. Semifinal Official Canvass

article: 1. General Provisions

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 3. Semifinal Official Canvass > 1. General Provisions


citation: ELEC § 15151

text:
(a) The elections official shall transmit the semifinal official results to the Secretary of State in the manner and according to the schedule prescribed by the Secretary of State prior to each election, for the following:

(1) All candidates voted for statewide office.

(2) All candidates voted for the following offices:

(A) State Assembly.

(B) State Senate.

(C) Member of the United States House of Representatives.

(D) Member of the State Board of Equalization.

(E) Justice of the Court of Appeals.

(3) All persons voted for at the presidential primary or for electors of President and Vice President of the United States.

(4) Statewide ballot measures.

(b) The elections official shall transmit the results to the Secretary of State at intervals no greater than two hours, following commencement of the semifinal official canvass.

history: (History: Amended by Stats. 2005, Ch. 72, Sec. 4. Effective July 19, 2005.)

article: 1. General Provisions


citation: ELEC § 15152

text: Neither the elections official, any member of a precinct board, nor any other person shall count any votes, either for a ballot proposition or candidate, until the close of the polls in that county. After that time, the ballots for all candidates and ballot propositions voted upon solely within the county shall be counted and the results of the balloting made public. However, the results for any candidate or ballot proposition also voted upon in another county or counties shall not be made public until after all the polls in that county and the other county or counties have closed. This paragraph applies regardless of whether the counting is done by manual tabulation or by a vote tabulating device.

history: (History: Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)

article: 1. General Provisions


citation: ELEC § 15153

text: During the semifinal official canvass, write-in votes shall be counted in accordance with Article 3 (commencing with Section 15340) of Chapter 4.

article: 1. General Provisions


citation: ELEC § 15154

text:
(a) Any ballot that is not marked as provided by law shall be rejected. The rejected ballots shall be placed in the package marked for voted ballots or in a separate container as directed by the elections official. All rejected ballots shall have written on the ballot the cause for rejection and be signed by a majority of processing board members who are assigned by the elections official to process ballots.

(b) The following ballot conditions shall not render a ballot invalid:

(1) Soiled or defaced.

(2) Two or more impressions of the voting stamp or mark in one voting square.

(3) Contains personal information, as defined in Section 14287.

(c) If a voter indicates, either by a combination of both marking and writing in, a choice of more names than there are candidates to be elected or nominated for any office, or if for any reason the choice of the voter is impossible to determine, the vote for that office shall not be counted, but the remainder of the ballot, if properly marked, shall be counted.

(d) This section applies to all ballots counted pursuant to this chapter and Chapter 4 (commencing with Section 15300).

history: (History: Amended by Stats. 2011, Ch. 739, Sec. 3. (SB 183) Effective January 1, 2012.)

article: 1. General Provisions


citation: ELEC § 15200

text: If paper ballots are used in conjunction with this system, counting shall be as provided in Article 5 (commencing with Section 15270) and Article 6 (commencing with Section 15290).

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 3. Semifinal Official Canvass > 2. Automated Count in a Central Location


citation: ELEC § 15201

text:
(a) As soon as the polls are closed, the precinct board shall, in the presence of the public do all of the following:

(1) Seal the container used to transport voted ballots and insure that the precinct number, or in an election conducted using a voter center, the vote center number, is designated on the ballot container.

(2) Certify, sign, and seal the several packages or envelopes as directed by the elections official.

(3) By not less than two of their number, deliver the ballot container and packages to the elections official at the central counting place in the manner prescribed by the elections official. The ballot container and packages shall remain in their exclusive possession until delivered to the elections official.

(b) This section also applies to ballots counted manually pursuant to Article 6 (commencing with Section 15290).

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 72. (SB 286) Effective January 1, 2018.)

article: 2. Automated Count in a Central Location


citation: ELEC § 15202

text: If the ballots are to be counted at a central counting place, no fewer than two precinct board members shall, following the close of the polls, deliver the ballots, in a sealed container, to the central counting place or a designated receiving station. There may be two or more central counting places.


citation: ELEC § 15203

text: The vote tabulating device may be located at any place within the state approved by the elections official of the county or other political subdivision using the device. The same device may be jointly owned, borrowed, leased, or used by two or more counties, cities, or other political subdivisions to tabulate ballots cast in any election.

history: (History: Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)


citation: ELEC § 15204

text: All proceedings at the central counting place, or counting places, if applicable, shall be open to the view of the public but no person, except one employed and designated for the purpose by the elections official or his or her authorized deputy, shall touch any ballot container. Access to the area where electronic data processing equipment is being operated may be restricted to those persons authorized by the elections official.


citation: ELEC § 15205

text:
(a) A person may be employed to count, tally, and certify the ballots if he or she is not a candidate at the election and if he or she satisfies either of the following requirements:

(1) Has the qualifications required for a precinct board member.

(2) Is a deputy or employee of either of the following:

(A) The governing board.

(B) The elections official.

(b) No person selected to count ballots need reside in any particular precinct.


citation: ELEC § 15206

text: The elections official or any deputy authorized by the elections official may excuse or dismiss any person from any counting board and enforce the order.


citation: ELEC § 15207

text: The elections official or authorized deputy shall segregate the persons employed to count the ballots into counting boards. These counting boards shall be deemed to be precinct boards, and are subject to all laws governing precinct boards where ballots are counted at the polling place.


citation: ELEC § 15208

text:
(a) Each container of ballots shall be opened and its contents removed. The ballots shall be checked to ascertain if the ballots are properly grouped and shall be arranged, if necessary, so that all similar ballots from the precinct are together.

(b) Any ballot that contains personal information, as defined in Section 14287, or is torn, bent, or mutilated shall be segregated in the manner directed by the elections official and a duplicate shall be prepared as provided in Section 15210.

history: (History: Amended by Stats. 2011, Ch. 739, Sec. 4. (SB 183) Effective January 1, 2012.)


citation: ELEC § 15209

text: Any magnetic or electronic storage medium, or copy thereof, used for the ballot tabulation program and any magnetic or electronic storage medium, or copy thereof, containing election results shall be kept in a secure location and shall be retained for 6 months following any local election and 22 months following any federal election or so long thereafter as any contest involving the vote at the local or federal election remains undetermined.

history: (History: Amended by Stats. 2024, Ch. 605, Sec. 5. (SB 1328) Effective September 25, 2024.)


citation: ELEC § 15210

text: In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot.

history: (History: Amended by Stats. 2023, Ch. 676, Sec. 49. (AB 1219) Effective January 1, 2024.)


citation: ELEC § 15212

text: If voting at all precincts within a county is not conducted using the same voting system, the result as to the precincts not subject to this article shall be determined in accordance with other provisions of this code and the result of the vote at precincts subject to this article shall be determined as provided in this article. The statement of the vote in that case shall represent the consolidation of all the results and the results of the canvass of all vote by mail voter ballots.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 99. Effective January 1, 2008.)


citation: ELEC § 15213

text: In case of an emergency in which it becomes impossible to transport the ballots from the precinct to a central counting place, the elections official may direct that the ballots be counted at the precinct. In those cases, counting shall be conducted substantially in accordance with Article 5 (commencing with Section 15270).


citation: ELEC § 15250

text: This article applies to all elections in which votes are counted by means of a voting machine at a polling place or vote center.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 73. (SB 286) Effective January 1, 2018.)

article: 3. Automated Vote Count in Precincts

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 3. Semifinal Official Canvass > 3. Automated Vote Count in Precincts


text:
(a) As soon as the polls are closed on election day, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and do all of the following:

(1) Count the votes cast on voting machines and report the results pursuant to subdivisions (b) and (c).

(2) Complete, sign, and return to the elections official all furnished forms requiring its signatures.

(b) When votes are counted on one or more voting machines at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance, which shall be substantially in the following form:

Certificate of Performance

This certificate of performance is for polling place or vote center ____, for the ____ election, held on the ____ day of ____, (year).

We hereby certify ONE of the following: (Please check only the one that applies.)(A) RESULTS OF VOTES CAST FROM ALL VOTING MACHINES ARE POSTED.(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure.

(2) The results of votes cast form provided to the county elections official shows the same numbers.(B) RESULTS OF VOTES CAST ARE NOT POSTED FOR VOTING MACHINES THAT RECORDED FEWER THAN 10 BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING MACHINES ARE POSTED.(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure, except as provided in paragraph (2).

(2) For each voting machine recording fewer than 10 ballots, only the number of ballots cast on that machine is posted.

(3) The results of votes cast form provided to the county elections official shows the same numbers.(C) RESULTS OF VOTES CAST ARE NOT POSTED FOR ANY VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS WERE CAST IN THE PRECINCT.In this case, only the number of ballots cast on each voting machine is posted and included on the results of votes cast form provided to the county elections official.InspectorAssistant InspectorJudgeJudge ClerkClerkClerkClerk (D) RESULTS ARE A SUMMARY OF ALL PRECINCTS VOTING AT THE POLLING PLACE OR VOTER CENTER.In this case, only the summary of votes for all precincts combined is reported. An additional report showing just the number of people who voted in each precinct may also be provided, but it will not show by precinct the votes cast for each candidate in each office.

(c) (1) The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the results of votes cast form. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls.

(2) To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots on any single voting machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted on that voting machine, and shall not post the total number of votes cast on each voting machine for each candidate for each office or the total number of votes cast on each voting machine for and against each ballot measure.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 74. (SB 286) Effective January 1, 2018.)

article: 3. Automated Vote Count in Precincts


citation: ELEC § 15251

text:
Upon receipt of the result of votes cast from the precinct boards, the elections official shall do either of the following:

(a) Compile and make available to the public the received results as to the offices and measures.

(b) Compare the received results to the results provided to the public from the central tabulation or tally system pursuant to Chapter 4 (commencing with Section 15300) of Division 15.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 75. (SB 286) Effective January 1, 2018.)

article: 3. Automated Vote Count in Precincts


citation: ELEC § 15260

text:
(a) The elections official of the jurisdiction shall establish one or more election return centers for the purpose of facilitating the compilation of election returns and expediting their announcement to the public.

(b) In establishing a return center, the elections official may designate a group of precincts which the center shall serve and this designation shall be available for public inspection no later than 15 days before the election. The election return center may be at any public place as the elections official designates.

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 3. Semifinal Official Canvass > 4. Establishing Election Return Centers and Multiple Counting Centers


citation: ELEC § 15261

text: The elections official may establish one or more centers to count ballots from designated precincts and transmit the results via voice telephone connection or facsimile transmission. The count shall be conducted in all other respects in accordance with the central counting provisions of Article 2 (commencing with Section 15200). The list of designated precincts for each counting center shall be available for public inspection no later than 15 days before the election.

history: (History: Amended by Stats. 2008, Ch. 200, Sec. 1. Effective January 1, 2009.)

article: 4. Establishing Election Return Centers and Multiple Counting Centers


citation: ELEC § 15270

text: This article applies to all elections in which ballots are counted by hand.

article: 5. Manual Vote Count in the Precinct

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 3. Semifinal Official Canvass > 5. Manual Vote Count in the Precinct


text:
(a) An elections official shall not conduct a manual vote count pursuant to this article or Article 6 (commencing with Section 15290) in any election unless that manual count is conducted pursuant to a plan approved by the Secretary of State. A manual count plan shall be consistent with the regulations adopted by the Secretary of State regarding manual vote counts. The Secretary of State shall prepare a template of a manual count plan that an elections official may use to assist in meeting this requirement.

(b) Notwithstanding subdivision (a), an elections official shall not conduct a manual vote count in an election, and the Secretary of State shall not approve a plan to conduct a manual vote count for that election, if either of the following are true:

(1) The election is held on an established election date, as provided in Section 1000, and there are more than 1,000 registered voters who are eligible to participate in that election as of 154 days in advance of the election.

(2) The election is held on a date other than an established election date, and there are more than 5,000 registered voters who are eligible to participate in that election as of 154 days in advance of the election.

history: (History: Added by Stats. 2023, Ch. 300, Sec. 1. (AB 969) Effective October 4, 2023.)

article: 5. Manual Vote Count in the Precinct


text: The Secretary of State shall adopt regulations regarding manual vote counts.

history: (History: Added by Stats. 2023, Ch. 300, Sec. 2. (AB 969) Effective October 4, 2023.)

article: 5. Manual Vote Count in the Precinct


text: Notwithstanding Section 15270.1 or subdivision (a) of Section 19207.5, an elections official may conduct a manual vote count in the event of a natural disaster or other state of emergency in which use of a certified voting system is not feasible.

history: (History: Added by Stats. 2023, Ch. 300, Sec. 3. (AB 969) Effective October 4, 2023.)

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15271

text: As soon as the polls are finally closed, the precinct board shall commence to count the votes by taking the ballots cast, unopened, out of the box and counting them to ascertain whether the number of ballots corresponds with the number of signatures on the roster. The precinct board shall make a record upon the roster of the number of ballots in the ballot box, the number of signatures on the roster, and the difference, if any.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15272

text: The count shall be public and shall be continued without adjournment until completed and the result is declared. During the reading and tallying, the ballot read and the tally sheet kept shall be within the clear view of watchers.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15273

text: Unless otherwise provided in this code, the precinct board members may not constitute themselves into separate squads in an attempt to conduct more than one count of the ballots at the same time.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15274

text: The members of the precinct board may relieve each other in the duties of counting ballots.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15275

text: Those ballots not rejected shall be placed in one pile, and the board shall proceed to count by tallying the vote for one or more offices or measures at a time.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15276

text:
The precinct board members shall ascertain the number of votes cast for each person and for and against each measure in the following manner:

One precinct board member shall read from the ballots. As the ballots are read, at least one other precinct board member shall keep watch of each vote so as to check on any possible error or omission on the part of the officer reading or calling the ballot.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15277

text:
(a) Two of the precinct board members shall each keep a tally sheet in a form prescribed by the elections official. Each tally sheet shall contain all of the following:

(1) The name of each candidate being voted for and the specific office for which each candidate is being voted. The offices shall be in the same order as on the ballot.

(2) A list of each measure being voted upon.

(3) Sufficient space to permit the tallying of the full vote cast for each candidate and for and against each measure.

(b) The precinct board members keeping the tally sheets shall record opposite each name or measure, with pen or indelible pencil, the number of votes by tallies as the name of each candidate or measure voted upon is read aloud from the respective ballot.

(c) Immediately upon the completion of the tallies, the precinct board members keeping the tally shall draw two heavy lines in ink or indelible pencil from the last tally mark to the end of the line in which the tallies terminate and initial that line. The total number of votes counted for each candidate and for and against each measure shall be recorded on the tally sheets in words and figures.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15278

text: On completion of the canvass of the returns for each election, the elections official shall compare the vote by mail voters’ list with the roster for each precinct to determine if any voter cast more than one ballot at that election.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 76. (SB 286) Effective January 1, 2018.)

article: 5. Manual Vote Count in the Precinct


text: No precinct board member may make any tally of votes in any other manner than is provided in this article, nor in any place other than on the tally sheets provided for that purpose.

history: (History: Added by renumbering Section 15278 (as added by Stats. 1998, Ch. 1073) by Stats. 2002, Ch. 344, Sec. 4. Effective January 1, 2003.)

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15279

text: The ballots, as soon as all of the names and measures marked on them as voted for are read and tallied, shall not thereafter be examined by any person, but, as soon as all are counted, shall be carefully sealed in a strong envelope. The signatures of each member of the precinct board shall be written across the seal.

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15280

text:
The precinct board shall complete, sign, and return to the elections official all furnished forms requiring its signatures.

When votes are counted at the precinct, all members of the precinct board, upon the completion of their duties, shall sign the following certificate of performance, which shall be substantially in the following form:

Certificate of Performance

for ____ precinct, for the ____ election, held on the ____ day of ____, (year).

We hereby certify that the total number of votes received by each candidate for each office and the total number of votes cast for and against each measure is as indicated on the tally sheets.

We further certify that the results of votes cast forms posted outside the polling place and transmitted to the county elections official show the total number of votes received by each candidate for each office and the total number of votes cast for and against each measure is as indicated.InspectorAssistant InspectorJudgeJudgeClerkClerkClerkClerk

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15281

text: The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the result of the votes cast. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls. To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots and the precinct board tallies the results at the precinct, the precinct board shall post only the total number of people who voted at the precinct.

history: (History: Amended by Stats. 2010, Ch. 402, Sec. 3. (AB 2797) Effective January 1, 2011.)

article: 5. Manual Vote Count in the Precinct


citation: ELEC § 15290

text: Ballots that are to be counted manually in a central place shall be transported as provided in Sections 15201 and 15202. Each counting board shall proceed to count and tally the ballots by precincts, separately, under the direction of the elections official or authorized deputies, in the same manner as provided where ballots are counted at the polling place pursuant to Article 5 (commencing with Section 15270).

article: 6. Manual Vote Count in a Central Place

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 3. Semifinal Official Canvass > 6. Manual Vote Count in a Central Place


citation: ELEC § 15300

text: This chapter applies to all elections.

history: (History: Repealed and added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)

chapter: 4. Official Canvass

article: 1. General Provisions

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 4. Official Canvass > 1. General Provisions


citation: ELEC § 15301

text:
(a) The canvass shall commence no later than the Thursday following the election, shall be open to the public, and, for state or statewide elections, shall result in a report of results to the Secretary of State.

(b) (1) Except as provided in paragraph (2), the canvass shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.

(2) If the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has been provided, or will be provided, the opportunity to verify or to provide their signature pursuant to subdivision (d) or (e) of Section 3019, as applicable, and the elections official does not need to conduct the official canvass for at least six hours per day in order to meet the deadline for certification of results pursuant to this section and Section 15372, the official canvass may be conducted for fewer than six hours per day until completed.

history: (History: Amended by Stats. 2025, Ch. 279, Sec. 4. (AB 827) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 15302

text:
The official canvass shall include, but not be limited to, the following tasks:

(a) An inspection of all materials and supplies returned by poll workers.

(b) A reconciliation of the number of signatures on the roster with the number of ballots recorded on the ballot statement.

(c) In the event of a discrepancy in the reconciliation required by subdivision (b), the number of ballots received from each polling place shall be reconciled with the number of ballots cast, as indicated on the ballot statement.

(d) A reconciliation of the number of ballots counted, spoiled, canceled, or invalidated due to identifying marks, overvotes, or as otherwise provided by statute, with the number of votes recorded, including vote by mail and provisional ballots, by the vote counting system.

(e) Processing and counting any valid vote by mail and provisional ballots not included in the semifinal official canvass.

(f) Counting any valid write-in votes.

(g) Reproducing any damaged ballots, if necessary.

(h) Reporting final results to the governing board and the Secretary of State, as required.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 101. Effective January 1, 2008.)

article: 1. General Provisions


citation: ELEC § 15303

text: If the returns from any precinct are incomplete, ambiguous, not properly authenticated, or otherwise defective, the elections official may issue and serve subpoenas requiring members of the precinct board to appear and be examined under oath concerning the manner in which votes were counted and the result of the count in their precinct. This section shall apply when ballots are tabulated manually or automatically at the polls.

article: 1. General Provisions


citation: ELEC § 15304

text: In jurisdictions using a central counting place, the elections official may appoint not less than three deputies to open the envelopes or containers with the materials returned from the precincts. If, after examination, any of the materials are incomplete, ambiguous, not properly authenticated, or otherwise defective, the precinct officers may be summoned before the elections official and examined under oath to describe polling place procedures and to correct the errors or omissions.

article: 1. General Provisions


citation: ELEC § 15305

text:
(a) For purposes of this section, “unprocessed ballot” means a voted polling place ballot, voted vote by mail ballot, voted provisional ballot, or voted conditional registration ballot that has not yet been counted or processed for counting.

(b) On the second day after the election, an elections official shall send to the Secretary of State an initial report containing the estimated number of outstanding unprocessed ballots.

(c) Commencing on the sixth day after the election, an elections official shall, on any day that the elections official publicly releases updated election results, send to the Secretary of State a report on the estimated number of outstanding unprocessed ballots. The report shall be submitted to the Secretary of State in the form and manner prescribed by the Secretary of State, and the last report shall be delivered upon the completion of the official canvass.

history: (History: Added by Stats. 2019, Ch. 91, Sec. 1. (AB 566) Effective January 1, 2020.)

article: 1. General Provisions


citation: ELEC § 15306

text:
(a) Beginning no later than the Thursday following an election, and until the time specified in subdivision (b), an elections official shall post updated information regarding the election on their internet website at least two times by the following Thursday and at least twice a week thereafter. The updates shall include at least the following information:

(1) Updated results for any candidate or measure appearing on the ballot.

(2) The number of ballots processed and an estimated number of outstanding ballots remaining unprocessed using the unprocessed ballot categories prescribed by the Secretary of State pursuant to Section 15305. This information shall be posted on either the homepage of an election official’s internet website or on the stand-alone webpage for the specific election on an elections official’s internet website. Posting a hyperlink to a separate file containing this information does not satisfy the requirements of this subdivision.

(3) The date and time when it is expected that the next results will be posted. This information shall be posted on the homepage of an elections official’s internet website, on the stand-alone webpage for the specific election on an elections official’s internet website, or on the stand-alone website that contains updated election results for the specific election pursuant to paragraph (1). Posting a hyperlink to a separate file containing this information does not satisfy the requirements of this subdivision.

(b) The elections official may stop posting the results described in subdivision (a) when either of the following occurs:

(1) A certified statement of results is published pursuant to Section 15372.

(2) The only ballots left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019. If the elections official stops posting results for this reason, they shall post a notice stating this reason on their internet website.

(c) The requirements of this section are in addition to any other duty to report or publish information required of the elections official pursuant to this division or any other law.

history: (History: Amended by Stats. 2025, Ch. 307, Sec. 4. (SB 3) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 15307

text:
(a) On or before the 13th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots.

(b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 13th day following the election does not apply to any of the following:

(1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.

(2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.

(3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.

(4) A provisional ballot.

(5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.

(6) A ballot received by an elections official after the fourth day following the election.

(c) If an elections official will not meet the deadline set forth in subdivision (a), the elections official shall file a notice of extension with the Secretary of State and include the reason for the extension. Both the Secretary of State and the elections official shall post the extension filing on their respective websites.

(d) Nothing in this section alters the statutory obligations imposed by Sections 3019, 15320, 15321, and 15342 regarding counties completing their respective vote canvasses.

history: (History: Added by Stats. 2025, Ch. 250, Sec. 1. (AB 5) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 15320

text: Vote by mail ballots and mail ballot precinct ballots returned to the elections office and to the polls on or before election day that are not included in the semifinal official canvass phase of the election, including any ballots returned to another jurisdiction in the state and forwarded to the elections official who issued the ballot pursuant to Section 3017, shall be processed and counted during the official canvass in the manner prescribed by Chapter 2 (commencing with Section 15100) of Division 15, and pursuant to the requirements of Section 3019.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 77. (SB 286) Effective January 1, 2018.)

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 4. Official Canvass > 2. Processing Vote by Mail Ballots and Mail Ballot Precinct Ballots


citation: ELEC § 15321

text: For any statewide election or special election to fill a vacancy in a congressional or legislative office, votes cast by vote by mail ballot and votes cast at the polling place shall be tabulated by precinct.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 104. Effective January 1, 2008.)

article: 2. Processing Vote by Mail Ballots and Mail Ballot Precinct Ballots


citation: ELEC § 15340

text: Except for a voter-nominated office at a general election, each voter is entitled to write on the ballot the name of any candidate for any public office, including that of President and Vice President of the United States.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 44. (AB 1413) Effective February 10, 2012.)

article: 3. Processing Write-In Votes

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 4. Official Canvass > 3. Processing Write-In Votes


citation: ELEC § 15341

text: Notwithstanding any other provision of law, no name written upon a ballot in any election shall be counted for an office or nomination unless the candidate whose name has been written on the ballot has complied with Part 3 (commencing with Section 8600) of Division 8.

history: (History: Added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)

article: 3. Processing Write-In Votes


citation: ELEC § 15342

text:
Any name written upon a ballot for a qualified write-in candidate, including a reasonable facsimile of the spelling of a name, shall be counted for the office, if it is written in the blank space provided and voted as specified below:

(a) For voting systems in which write-in spaces appear directly below the list of candidates for that office and provide a voting space, no write-in vote shall be counted unless the voting space next to the write-in space is marked or slotted as directed in the voting instructions, except as provided in subdivision (f).

(b) For voting systems in which write-in spaces appear separately from the list of candidates for that office and do not provide a voting space, the name of the write-in candidate, if otherwise qualified, shall be counted if it is written in the manner described in the voting instructions.

(c) The use of pressure-sensitive stickers, glued stamps, or any other device not provided for in the voting procedures for the voting systems approved by the Secretary of State to indicate the name of the write-in candidate are not valid, and a name indicated by these methods shall not be counted.

(d) Neither a vote cast for a candidate whose name appears on the ballot nor a vote cast for a write-in candidate shall be counted if the voter has indicated, by a combination of marking and writing, a choice of more names than there are candidates to be nominated or elected to the office.

(e) All valid write-in votes shall be tabulated and certified to the elections official on forms provided for this purpose, and the write-in votes shall be added to the results of the count of the ballots at the counting place and be included in the official returns for the precinct.

(f) (1) In an election that uses a voting system described in subdivision (a), after tallying all eligible votes but prior to completion of the official canvass and the issuance of the certified statement of the results pursuant to this chapter, the elections official, upon the request of a qualified write-in candidate for an office being voted on in that election for an examination of undervotes that is received within five days of completion of the semiofficial canvass, may hand tally the remaining undervotes if any of the following is applicable:

(A) In the case of a primary election or a special election, the sum of the total number of votes cast for the write-in candidate and the total number of undervotes cast for the office but not examined pursuant to a hand tally is equal to or greater than the total number of votes cast for the candidate receiving the second highest number of votes for that office.

(B) In the case of a general election or a special runoff election, the sum of the total number of votes cast for the write-in candidate and the total number of undervotes cast for the office but not examined pursuant to a hand tally is equal to or greater than the total number of votes cast for the candidate receiving the highest number of votes for that office.

(C) In the case of an office for which a voter may vote for more than one candidate, the sum of the total number of votes cast for the write-in candidate and the total number of undervotes cast for the office but not examined pursuant to a hand tally is equal to or greater than the total number of votes cast for the candidate receiving the least number of votes that would be sufficient in order to be elected.

(2) The elections official may stop a hand tally conducted pursuant to this subdivision when the official determines that the applicable condition in any of subparagraphs (A) to (C), inclusive, of paragraph (1) is no longer applicable, or when all of the undervotes for the office have been examined.

(3) In conducting a hand tally pursuant to this subdivision, the elections official shall count a vote for the office if the intent of the voter can be determined, regardless of whether the voter has complied with the voting instructions. The elections official shall include the results of a hand tally conducted pursuant to this subdivision in the official canvass of the election.

(4) For purposes of this subdivision, “undervote” means a ballot on which a voter failed to cast any vote for a specific office or failed to cast the maximum number of votes permitted, as detected by an electronic, mechanical, or other vote-tabulating device.

(5) Notwithstanding Section 15624, a qualified write-in candidate is not responsible for the costs of a hand tally requested pursuant to this subdivision.

(g) This section does not prohibit a request for a recount.

history: (History: Amended by Stats. 2011, Ch. 190, Sec. 1. (AB 503) Effective January 1, 2012.)

article: 3. Processing Write-In Votes


text: In the event of a manual recount conducted pursuant to Section 15610 or requested pursuant to Section 15620 or 15621, the process set forth in Section 15342 shall be liberally construed to ensure that each ballot is counted if the intent of the voter can be determined, regardless of whether the voter has complied with the voting instructions.

history: (History: Added by Stats. 2011, Ch. 189, Sec. 1. (AB 461) Effective January 1, 2012.)

article: 3. Processing Write-In Votes


citation: ELEC § 15350

text: Provisional ballots cast pursuant to Section 14310 shall be processed and counted in accordance with the provisions outlined in Chapter 2 (commencing with Section 15100) and pursuant to the requirements of Sections 14310 and 14311.

history: (History: Amended by Stats. 2014, Ch. 906, Sec. 6. (AB 2530) Effective January 1, 2015.)

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 4. Official Canvass > 4. Processing and Counting Provisional Ballots


citation: ELEC § 15360

text:
(a) During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods:

(1) (A) A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official.

(B) (i) In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted.

(ii) The elections official may, at the elections official’s discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots.

(2) A two-part public manual tally, which includes both of the following:

(A) A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1).

(B) (i) A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official.

(ii) For purposes of this section, a “batch” means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast.

(iii) (I) In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted.

(II) The elections official may, at the elections official’s discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots.

(b) The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally.

(c) The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.

(d) The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally.

(e) The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record.

history: (History: Amended by Stats. 2023, Ch. 676, Sec. 51. (AB 1219) Effective January 1, 2024.)

article: 5. One Percent Manual Tally

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 4. Official Canvass > 5. One Percent Manual Tally


citation: ELEC § 15370

text: After ballots are counted and sealed, the elections official may not open any ballots nor permit any ballots to be opened except as permitted in Sections 15303 and 15304, or in the event of a recount.

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 4. Official Canvass > 6. Ballot Security and Reporting of Results


citation: ELEC § 15371

text:
(a) Upon completion of the count, the elections official shall add to the results as so determined, the results of the write-in votes and any paper ballots used as certified by the precinct board, and thereupon shall declare the vote, and forthwith post one copy at the counting place for public inspection.

(b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary.

history: (History: Amended by Stats. 2025, Ch. 238, Sec. 2. (SB 851) Effective October 1, 2025.)

article: 6. Ballot Security and Reporting of Results


citation: ELEC § 15372

text:
(a) The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month.

(b) The elections official shall post the certified statement of the results of the election on the elections official’s internet website in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the election results shall be posted and maintained on the elections official’s internet website for at least 10 years following the election. This subdivision shall apply only to an elections official who uses a computer system that has the capability of producing the election results in a downloadable spreadsheet format without requiring modification of the computer system.

(c) The duties imposed on elections officials pursuant to subdivisions (a) and (b) are ministerial and nondiscretionary.

(d) If the elections official fails to prepare a certified statement of the results of the election as specified in subdivision (a), the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General and may assist the county elections official in discharging the officer’s duties, consistent with subdivision (b) of Section 12172.5 of the Government Code.

history: (History: Amended by Stats. 2025, Ch. 238, Sec. 3. (SB 851) Effective October 1, 2025.)


citation: ELEC § 15373

text: When ballots are counted under this article, the result of the vote shall be shown by precinct.


citation: ELEC § 15374

text:
(a) The statement of the result shall show all of the following:

(1) The total number of ballots cast.

(2) The number of votes cast at each precinct for each candidate and for and against each measure.

(3) The total number of votes cast for each candidate and for and against each measure.

(b) The statement of the result shall also show the number of votes cast in each city, Assembly district, congressional district, senatorial district, State Board of Equalization district, and supervisorial district located in whole or in part in the county, for each candidate for the offices of presidential elector and all statewide offices, depending on the offices to be filled, and on each statewide ballot proposition.


citation: ELEC § 15375

text:
(a) The elections official shall send to the Secretary of State within 31 days of the election in an electronic format in the manner requested one complete copy of all results as to each of the following:

(1) All candidates voted for statewide office.

(2) All candidates voted for the following offices:

(A) Member of the State Assembly.

(B) Member of the State Senate.

(C) Member of the United States House of Representatives.

(D) Member of the State Board of Equalization.

(E) Justice of the Court of Appeal.

(F) Judge of the superior court.

(3) All persons voted for at the presidential primary. The results for all persons voted for at the presidential primary for delegates to national conventions shall be canvassed and shall be sent within 28 days after the election.

(4) The vote given for persons for electors of President and Vice President of the United States. The results for presidential electors shall be endorsed “Presidential Election Returns” and shall be canvassed and sent within 28 days after the election.

(5) All statewide measures.

(6) The total number of ballots cast.

(b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary.

history: (History: Amended by Stats. 2025, Ch. 238, Sec. 4. (SB 851) Effective October 1, 2025.)


citation: ELEC § 15376

text: The elections official shall deliver a duplicate of the certified statement of the result of votes cast to the chairperson of the county central committee of each party.


citation: ELEC § 15377

text:
(a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section.

(b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of State’s internet website.

history: (History: Amended by Stats. 2024, Ch. 437, Sec. 3. (AB 3184) Effective September 22, 2024.)


citation: ELEC § 15400

text:
(a) It is the ministerial and nondiscretionary duty of the governing body to declare elected or nominated to each office voted on at each election under its jurisdiction the person having the highest number of votes for that office, or who was elected or nominated under the exceptions noted in Section 15452.

(b) It is the ministerial and nondiscretionary duty of the governing board to declare the results of each election under its jurisdiction as to each measure voted on at the election.

history: (History: Amended by Stats. 2025, Ch. 238, Sec. 5. (SB 851) Effective October 1, 2025.)

chapter: 5. Announcement of Results

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 5. Announcement of Results


citation: ELEC § 15401

text: The elections official shall make out and deliver to each person elected or nominated, as declared by the governing body, except those elected to a central committee, a certificate of election or nomination, signed and authenticated by the elections official.

history: (History: Amended by Stats. 2012, Ch. 8, Sec. 15. (AB 1200) Effective March 8, 2012.)


citation: ELEC § 15402

text:
(a) Whenever a candidate whose name appears upon the ballot at any election for an office other than a voter-nominated office dies after the 68th day before the election, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.

(b) Whenever a candidate whose name appears on the ballot at any election for a voter-nominated office dies, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office at the general election, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 45. (AB 1413) Effective February 10, 2012.)


citation: ELEC § 15450

text: A plurality of the votes given at any election shall constitute a choice where not otherwise directed in the California Constitution, provided that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

article: 1. General Provisions

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 6. Determination of Elected or Nominated Candidates > 1. General Provisions


citation: ELEC § 15451

text: The nominees for a voter-nominated office shall be determined in accordance with Section 8141.5 and subdivision (b) of Section 8142.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 57. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)

chapter: 6. Determination of Elected or Nominated Candidates

article: 1. General Provisions


citation: ELEC § 15452

text:
The person who receives a plurality of the votes cast for any office is elected or nominated to that office in any election, except:

(a) An election for which different provision is made by any city or county charter.

(b) A municipal election for which different provision is made by the laws under which the city is organized.

(c) The election of local officials in primary elections as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8.

(d) The nomination of candidates for voter-nominated office at the primary election to participate in the general election for that office as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 58. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)

article: 1. General Provisions


citation: ELEC § 15460

text: In each county the number of candidates for membership in a county central committee in each Assembly or supervisorial district who receive the highest number of votes shall be declared elected. However, a candidate for membership shall not be declared elected unless he or she has received votes equal in number to the minimum number of signatures to the nomination paper which would have been required to place his or her name on the direct primary ballot as a candidate for member of a committee.

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 6. Determination of Elected or Nominated Candidates > 2. Democratic Central Committee Conditions for Election of Candidate