citation: ELEC § 15470

text: In each county the number of candidates for membership in a 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 > 3. Republican Central Committee Conditions for Election of Candidate


kind: section

code: ELEC

citation: ELEC § 15480

text: In each county the number of candidates for membership in a county central committee in each Assembly or supervisor 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.

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

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 6. Determination of Elected or Nominated Candidates > 4. American Independent Central Committee Conditions for Election of Candidate


citation: ELEC § 15490

text:
In each county the number of candidates for member of central committees to be elected in each central committee election district who receive the highest number of votes shall be declared elected. The names and votes of all nominees for partisan public office qualified for central committees membership pursuant to Section 7755 shall be excluded from the list of candidates for member of central committees and disregarded in the determination of the candidates with the highest number of votes.

No write-in candidate for member of central committees shall be declared elected, however, unless that candidate has received a number of votes equal to or greater than 2 percent of the number of party members voting in the central committee election district at the direct primary, or 20 votes, whichever is less.

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 6. Determination of Elected or Nominated Candidates > 5. Peace and Freedom Central Committee Conditions for Election of Candidate


citation: ELEC § 15500

text: The Secretary of State, commencing with the first results from the semifinal official canvass received from the elections officials, shall compile the results for the offices and measures listed in Section 15151, which compilation shall be continued without adjournment until completed. The Secretary of State shall immediately make public the results of the compilation as to those offices and measures. The Secretary of State also shall compile and make those results reported pursuant to subdivision (c) of Section 15375 available to any person or organization upon request.

history: (History: Amended by Stats. 1999, Ch. 18, Sec. 3. Effective May 4, 1999.)

chapter: 7. Duties of the Secretary of State

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 7. Duties of the Secretary of State


citation: ELEC § 15501

text:
(a) Except as to presidential electors, the Secretary of State shall compile the results for all of the following:

(1) All candidates for statewide office.

(2) All candidates for Assembly, State Senate, Congress, State Board of Equalization, Supreme Court, and Courts of Appeal.

(3) All statewide measures.

(b) The Secretary of State shall prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election. The Secretary of State shall post the certified statement of the vote on his or her Internet Web site 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 vote shall be posted and maintained on the Secretary of State’s Internet Web site for a period of at least 10 years following the election.

(c) The Secretary of State may gather returns for local elections, including, but not limited to, the following:

(1) Candidates for county office.

(2) Candidates for city office.

(3) Candidates for school and district office.

(4) County ballot measures.

(5) City ballot measures.

(6) School and district ballot measures.

history: (History: Amended by Stats. 2013, Ch. 112, Sec. 2. (AB 813) Effective January 1, 2014.)

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


citation: ELEC § 15502

text: Within 120 days of the filing of the statement of the vote, the Secretary of State, upon the basis of the information provided, shall compile a supplement to the statement of the vote, showing the number of votes cast in each county, city, Assembly district, senatorial district, congressional district and supervisorial district for each candidate for the offices of presidential elector, Governor, and United States Senator, depending on the offices to be filled, and on each statewide ballot proposition. A copy of this supplement shall be made available, upon request, to any elector of this state.


citation: ELEC § 15503

text: On the 38th day after the election, or as soon within that time as the returns have been received from the entire state or a congressional district, as the case may be, the Secretary of State shall determine the votes cast for candidates for Senator and Representative and certify to the persons having the highest number of votes for the respective offices as duly elected.

history: (History: Amended by Stats. 2009, Ch. 149, Sec. 3. (AB 1490) Effective January 1, 2010.)


citation: ELEC § 15504

text: The Secretary of State shall make out and deliver, or transmit by mail, a certificate of election or nomination to each person elected or nominated.


text: Whenever the Secretary of State transmits a certificate of election or unofficial election results to the State Senate or State Assembly regarding a person who appears to have received the plurality of votes in an election for State Senator or State Assembly Member, the Secretary of State shall include a notation in that information, if applicable, that the person was not continuously registered to vote in the district in which the person appears to have received a plurality of votes from the date the candidate filed their declaration of candidacy pursuant to Section 8020 to the date, inclusive, on which the Secretary of State transmits the certificate of election or unofficial election results.

history: (History: Added by Stats. 2023, Ch. 514, Sec. 2. (AB 63) Effective January 1, 2024.)


citation: ELEC § 15505

text: No later than the 32nd day following the election, the Secretary of State shall analyze the votes given for presidential electors, and certify to the Governor the names of the proper number of persons having the highest number of votes. The Secretary of State shall thereupon issue and transmit to each presidential elector a certificate of election. The certificate shall be accompanied by a notice of the time and place of the meeting of the presidential electors and a statement that each presidential elector will be entitled to a per diem allowance and mileage in the amounts specified.

history: (History: Amended by Stats. 2009, Ch. 149, Sec. 4. (AB 1490) Effective January 1, 2010.)


citation: ELEC § 15550

text: The records and supplies of any election when received by the elections official shall be disposed of in the manner set forth in this chapter.

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 8. Disposition of Ballots and Supplies by the Elections Official


citation: ELEC § 15551

text:
(a) If a contest or any such criminal prosecution has been commenced before the date fixed for its destruction, the package containing the voted ballots shall be subject to the order of the court in which the contest or criminal prosecution is pending and shall not be destroyed until after final determination of the contest or criminal prosecution.

(b) In the case of a congressional election contest, the elections official shall hold the ballots of that congressional district in custody subject to the inspection of any committee of the House of Representatives having in charge the investigation of the contest, until the final determination of the contest by the House of Representatives.

(c) In the case of a contest in the State Legislature, the elections official shall hold the ballots of the Senate or Assembly district in custody subject to the inspection of any committee of the Senate or Assembly having in charge the investigation of the contest until the final determination of the contest or the final adjournment of the session of the Legislature in which the contest is filed, whichever is the later.

(d) In no event shall the package or its contents be taken from the custody of the elections official.

history: (History: Amended by Stats. 2026, Ch. 10, Sec. 4. (SB 73) Effective May 27, 2026.)

chapter: 8. Disposition of Ballots and Supplies by the Elections Official


citation: ELEC § 15553

text:
(a) In no event shall any individual permit an agent of a law enforcement agency to access, disrupt, modify, or take possession of rosters, combined rosters, or voter lists unless authorized by a court order or to investigate a violation of Section 18560. This subdivision shall not be construed to prohibit an individual, in accordance with a written agreement between the elections official conducting the election and a law enforcement agency pursuant to Section 18544 or Section 18545, to permit agents of that agency to provide logistical, transportation, or security support during the voting period, on election day, or during the canvass of the vote.

(b) 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. 5. (SB 73) Effective May 27, 2026.)


citation: ELEC § 15600

text: Except as provided in this chapter, this chapter applies to all elections. The recount of votes cast for candidates for presidential electors shall be governed by this chapter.

chapter: 9. Recount

article: 1. General Provisions

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 9. Recount > 1. General Provisions


citation: ELEC § 15601

text:
(a) The Secretary of State, within the Secretary of State’s existing budget, shall adopt regulations no later than January 1, 2008, for each voting system approved for use in the state and specify the procedures for recounting ballots, including vote by mail and provisional ballots, using those voting systems.

(b) No later than January 1, 2018, the Secretary of State shall revise and adopt regulations specifying procedures for recounting ballots, including regulations establishing guidelines for charges a county elections official may impose when conducting a manual recount pursuant to this chapter.

history: (History: Amended by Stats. 2015, Ch. 723, Sec. 1. (AB 44) Effective January 1, 2016.)

article: 1. General Provisions


citation: ELEC § 15610

text:
If no election contest is pending wherein a recount of the ballots in a precinct has been or will be ordered, the elections official may order that the ballots voted in the precinct be publicly recounted if both of the following apply:

(a) The elections official has reasonable cause to believe the ballots in the precinct have been miscounted.

(b) The elections official has examined, under oath, the precinct board members or, in the case of ballots counted by a central counting system, the counting board members, and they are unable to explain the returns of their respective precincts.

article: 2. Elections Official-Ordered Recounts

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 9. Recount > 2. Elections Official-Ordered Recounts


citation: ELEC § 15620

text:
(a) Following completion of the official canvass, any voter may, within five calendar days thereafter but not later than 5 p.m. on the fifth day, file with the elections official responsible for conducting an election in the county wherein the recount is sought a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure, if the office, slate, or measure is not voted on statewide. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.

(b) If an election is conducted in more than one county, the request for the recount may be filed by any voter within five calendar days but not later than 5 p.m. on the fifth day, beginning on the 31st day after the election, with the elections official of, and the recount may be conducted within, any or all of the affected counties.

(c) For the purposes of this section, “completion of the official canvass” shall be presumed to be that time when the elections official signs the certified statement of the results of the election except that, in the case of a city election, if a city council canvasses the returns itself and does not order the elections official to conduct the canvass, “completion of the official canvass” shall be presumed to be that time when the governing body declares the persons elected or the measures approved or defeated.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 2. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 9. Recount > 3. Voter-Requested Recounts


citation: ELEC § 15621

text:
(a) Following completion of the official canvass any voter may, within five calendar days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.

(b) The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought, and the elections official shall confirm receipt of the copy in writing by electronic delivery to the Secretary of State.

(c) All the other provisions of this article apply to recounts conducted under this section.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 10.5. (AB 1513) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


text: If more than one voter requests a recount of the same office or measure pursuant to Section 15620 or 15621, and at least one request is for a manual recount, the county elections official of a county subject to multiple requests as described in this section shall conduct only one manual recount of the ballots subject to recount, the result of which shall be controlling.

history: (History: Added by Stats. 2015, Ch. 723, Sec. 4. (AB 44) Effective January 1, 2016.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15622

text: The request may specify the order in which votes are recounted by precinct or by the batch in which the ballots were scanned. In the case of a recount that includes more than one county, the request may specify the order that counties will conduct the recount within the jurisdiction.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 4. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15623

text: Any time during the conduct of a recount and for 24 hours thereafter, any other voter may request the recount of any precincts in an election for the same office, slate of presidential electors, or measure not recounted as a result of the original request.

article: 3. Voter-Requested Recounts


citation: ELEC § 15624

text: The voter or the campaign committee, as defined in Section 82013 of the Government Code, represented by the voter filing the recount request, or the voter’s designee, shall, before the recount is commenced and at the beginning of each day following, deposit with the elections official a sum as required by the elections official to cover the cost of the recount for that day. The money deposited shall be returned to the depositor if, upon completion of the recount, the candidate, slate of presidential electors, or the position on the measure (affirmative or negative) for which the declaration is filed is found to have received the plurality of votes cast which it had not received according to the official canvass or, in an election where there are two or more candidates, the recount results in the candidate for whom the recount was requested appearing on the ballot in a subsequent runoff election or general election who would not have so appeared in the absence of the recount. The depositor shall be entitled to the return of any money deposited in excess of the cost of the recount if the candidate, slate, or position on the measure has not received the plurality of the votes cast or, in an election where there are two or more candidates, the recount does not result in the candidate for whom the recount was requested appearing on the ballot in a subsequent runoff or general election as a result of the recount. Money not required to be refunded shall be deposited in the appropriate public treasury.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 5. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15625

text:
(a) The recount shall be conducted under the supervision of the elections official. The elections official shall convene special recount boards consisting of four individuals appointed by and at the discretion of the elections official. The requester shall reimburse the county for the cost of each member of a recount board.

(b) If an individual appointed to a special recount board is required to tally any ballots as part of their role on the special recount board, that individual shall be eligible to register to vote in this state pursuant to Section 2101.

(c) If the office of the elections official is the subject of the recount, the governing body shall appoint an officer, other than the elections official, to appoint and supervise the special recount boards. The appointee shall possess demonstrable experience necessary to conduct a machine or manual recount, including, but not limited to, years of experience as an elections official in the state, experience with current voting systems, and knowledge of the voting system’s key functions. This section does not prevent the office of the elections official that is subject to the recount from taking necessary steps to prepare for the recount during the period in which an alternative qualified officer is sought.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 6. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15626

text:
(a) The recount shall be commenced not more than seven business days following the receipt by the elections official of the request or order for the recount under Section 15620, 15621, or 15645 and shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.

(b) If the office of the elections official is the subject of the recount, the recount shall commence not more than seven business days following the appointment of an officer in accordance with subdivision (b) of Section 15625.

(c) The recount shall not be commenced until the first day following notification of the individuals specified in Section 15628.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 7. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15627

text:
(a) If the votes subject to recount were cast or tabulated by a voting system, the voter requesting the recount shall, for each set of ballots cast or tabulated by a type of voting system, select whether the recount shall be conducted manually, or by means of the voting system used originally. Only one method of recount may be used for all ballots cast or tabulated by the same type of voting system.

(b) (1) If the recount is to be conducted manually and the voting system has the capability to display ballot images, the voter requesting the recount shall select whether the recount shall be conducted by use of paper ballots or the official ballot images.

(2) If more than one voter requests that a recount be conducted manually for the same office or measure, and at least one request is for the recount to be conducted by use of paper ballots, the county elections official of a county subject to multiple requests as described in this subdivision shall conduct only a manual recount of the paper ballots, the result of which shall be controlling.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 8. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15628

text:
Not less than one day prior to commencement of the recount, the elections official shall post a notice as to the date and place of the recount and shall notify the following persons of it in person, by email, or by any federally regulated overnight mail service:

(a) All candidates for any office the votes for which are to be recounted.

(b) Authorized representatives of presidential candidates to whom electors are pledged, if the votes to be recounted were cast for presidential electors.

(c) Proponents of any initiative or referendum or persons filing ballot arguments for or against any initiative, referendum, or measure placed on the ballot by the governing body the votes for which are to be recounted.

(d) The Secretary of State in the case of a recount of the votes cast for candidates for any state office, presidential electors, the House of Representatives of the United States, the Senate of the United States, or delegates to a national convention, or on any state measure.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 9. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15629

text: The recount shall be conducted publicly.

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

article: 3. Voter-Requested Recounts


citation: ELEC § 15630

text:
(a) All ballots, whether voted or not, and any other relevant materials, as specified in regulations adopted by the Secretary of State, may be examined as part of any recount if the voter filing the declaration requesting the recount so requests in writing, specifying the relevant materials before the commencement of the recount.

(b) The examination of any ballot shall not include touching or handling the ballot without the express consent of the elections official or the elections officer supervising the special recount board. A ballot shall not be touched or handled during the examination unless the elections official or the elections officer supervising the special recount is present to observe the examination.

(c) Except as provided in this section, a ballot shall not be touched or handled by any person during the recount unless that person is the elections official, a person acting at the direction of the elections official, a member of the special recount board, or by order of the superior court.

(d) No part of the voting system in use by the elections office shall be accessed, touched, or handled by any person during the recount unless that person is the elections official or authorized by order of the superior court.

(e) A person shall not photograph or distribute a digital image of any material with personal identifying information of the voter.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 10. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15631

text:
On recount, ballots may be challenged for incompleteness, ambiguity, or other defects, in accordance with the following procedure:

(a) The person challenging the ballot shall state the reason for the challenge.

(b) The official counting the ballot shall count it as the official believes proper and then set it aside with a notation as to how it was counted.

(c) The elections official or appointee pursuant to Section 15625 shall, before the recount is completed, determine whether the challenge is to be allowed. The decision of the elections official is final.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 11. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15632

text: In lieu of the returns as reported in the official canvass, upon completion of the recount showing that a different candidate was nominated or elected, that a different presidential slate of electors received a plurality of the votes, or that a measure was defeated instead of approved or approved instead of defeated, the result of the recount in each precinct affected shall, for all purposes thereafter, be the official returns of those precincts for the office, slates of presidential electors, or measure involved in the recount. If the office, slates of presidential electors, or measure are not voted on statewide, the results of any recount which is not completed by counting the votes in each and every precinct in the jurisdiction within which votes were cast on the candidates for the office, on the slates of electors, or on the measure in question shall be declared null and void. If the office, slates of presidential electors, or measure are voted on statewide, the results of any recount will be declared null and void where there is not recounted each vote cast statewide for the office, slates, or measure.

history: (History: Amended by Stats. 2025, Ch. 282, Sec. 12. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15633

text:
Not more than one day after the conclusion of the recount, the elections official shall post a copy of the results of any recount conducted pursuant to this chapter conspicuously in the office of the elections official or on the elections official’s internet website for a period of 30 days following the final day of recount activities. The elections official shall notify the following persons of it in person, by email, or by any federally regulated overnight mail service:

(a) All candidates for any office the votes for which were recounted.

(b) Authorized representatives of presidential candidates to whom electors were pledged, if the votes recounted were cast for presidential electors.

(c) Proponents of any initiative or referendum or persons filing ballot arguments for or against any initiative, referendum, or measure placed on the ballot by the governing body the votes for which were recounted.

(d) The Secretary of State in the case of a recount of the votes cast for candidates for any state office, presidential electors, the House of Representatives of the United States, the Senate of the United States, or delegates to a national convention, or on any state measure.

history: (History: Repealed and added by Stats. 2025, Ch. 282, Sec. 14. (AB 930) Effective January 1, 2026.)

article: 3. Voter-Requested Recounts


citation: ELEC § 15634

text:
This chapter does not:

(a) Authorize the opening or recounting of ballots for any precinct except for the purposes specified in this chapter.

(b) Limit other provisions of law regarding an election contest or recount.

article: 3. Voter-Requested Recounts


citation: ELEC § 15640

text:
(a) When requested by the board of supervisors or the grand jury, the district attorney may petition the superior court for an order directing a public recount to be made of ballots tabulated by a voting system in any precincts in the county that it designates for any election occurring not over 25 days before the request. The request and petition shall be made only on one or more of the following grounds, and the order may be issued only with a finding that there is probable cause to believe that one or more of the grounds exist:

(1) Misconduct by anyone sufficient to make it likely that the result of the election was affected as to the successful candidates or propositions or tie holders, including any of the conduct specified in Section 16100.

(2) Errors or failures, whether electronic, mechanical or otherwise, in the safekeeping, handling, tallying, counting, recording, or certification of the ballots or votes cast, sufficient to make it likely that the result of the election was affected as to the successful candidates or propositions or tie holders, or sufficient to cast substantial doubt on the substantial accuracy of the results without regard to affecting any result.

The petition shall be set for hearing and may be opposed by any interested party.

(b) The court may order any further recounts that it may deem proper based on the results of the recounts provided for in subdivision (a) or in Section 15645, and shall declare the results of all the recounts, and shall determine and order corrected the results of any election affected by any recount.

(c) The court may order payment of the costs of any such recount in whole or in just proportion by any person or any public agency, or both, who petition for a recount. In the case of public agencies the costs shall be provided for and paid pursuant to Section 19212.

article: 4. Court-Ordered Recounts

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 9. Recount > 4. Court-Ordered Recounts


citation: ELEC § 15641

text: Section 15001 shall apply unless a court orders the program held pending the conclusion of litigation challenging the outcome of an election. If court action or an official recount is initiated while the program is on deposit, the Secretary of State shall make the program available to the court or the elections official in whose jurisdiction the court action or recount takes place, upon written request.

history: (History: Amended by Stats. 2003, Ch. 810, Sec. 22. Effective January 1, 2004.)

article: 4. Court-Ordered Recounts


citation: ELEC § 15642

text: Any tape, diskette, cartridge, or other magnetic or electronic storage medium used in the programming of vote totals shall be kept in a secure location and, if there is a recanvass of votes, the officer entrusted with the magnetic storage medium shall submit his or her affidavit stating that they are the true media used in the election and have not been altered.

history: (History: Amended by Stats. 1998, Ch. 1073, Sec. 42. Effective January 1, 1999.)

article: 4. Court-Ordered Recounts


citation: ELEC § 15645

text:
(a) (1) Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Governor may order a state-funded manual recount of all votes cast for a statewide office or state ballot measure if any of the following occurs, except as provided in paragraph (3):

(A) The official canvass of returns in a statewide primary election shows that the difference in the number of votes received by the second and third place candidates for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office except as provided in paragraph (2).

(B) The official canvass of returns in a statewide general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office.

(C) The official canvass of returns in a statewide election shows that the difference in the number of votes cast for and against a state ballot measure is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast on the measure.

(2) The Governor shall not order a state-funded manual recount of all votes cast for the office of Superintendent of Public Instruction pursuant to this section unless the official canvass of returns in a statewide primary election shows either of the following:

(A) The number of votes received by the candidate receiving the greatest number of votes was either of the following:

(i) Between 0.49985 and 0.50015, inclusive, of the number of all votes cast.

(ii) Within 1,000 votes of 50 percent of the number of all votes cast.

(B) No candidate for the office of Superintendent of Public Instruction received votes on a majority of all the ballots cast for candidates for that office and the difference in the number of votes received by the second and third place candidates for that office was less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office.

(3) If the conditions set forth in paragraph (1) are satisfied with respect to the number of votes cast for the office of Governor, the Secretary of State, but not the Governor, may order a state-funded manual recount pursuant to this section.

(4) For purposes of this subdivision, “statewide office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, or Member of the United States Senate.

(b) If a state-funded recount is conducted pursuant to this section, no other recount shall be conducted.

(c) The State shall reimburse counties for costs resulting from conducting a manual recount pursuant to this section in an expeditious manner upon certification of those costs.

history: (History: Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)

article: 5. State-Funded Recounts

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 9. Recount > 5. State-Funded Recounts


citation: ELEC § 15646

text:
(a) Upon the Governor or Secretary of State ordering a recount pursuant to subdivision (a) of Section 15645, the Secretary of State shall notify the elections official of each county and shall direct the county elections officials to recount all the votes cast for the office or for and against the state ballot measure.

(b) (1) While conducting a recount pursuant to Section 15645, a county elections official shall also review ballots rejected pursuant to Section 15154 to ensure that no ballots were improperly discarded during the initial canvass.

(2) The process of reviewing rejected ballots pursuant to subdivision (a) shall be open to members of the public, including persons associated with a campaign or measure.

(c) The elections official in each county shall complete a recount pursuant to this section as follows:

(1) In a primary election, by three business days before the Secretary of State issues the certified list of candidates for the associated general election pursuant to Section 8148.

(2) In a general election, within 60 days of the Governor or Secretary of State ordering the recount.

history: (History: Amended by Stats. 2023, Ch. 479, Sec. 12. (AB 1762) Effective January 1, 2024.)

article: 5. State-Funded Recounts


citation: ELEC § 15647

text: All the provisions of Article 3 (commencing with Section 15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627, shall apply to this article unless otherwise provided herein.

article: 5. State-Funded Recounts


citation: ELEC § 15648

text: The Secretary of State may adopt, amend, and repeal rules and regulations necessary for the administration of this article.

article: 5. State-Funded Recounts


citation: ELEC § 15649

text: A county elections official shall only be required to conduct a recount pursuant to this article to the extent funds are appropriated for purposes of this article in the annual Budget Act or other statute.

article: 5. State-Funded Recounts


citation: ELEC § 15650

text: This article does not apply to any primary election.

chapter: 10. Tie Votes

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 10. Tie Votes > 1. Elections Other than Primary Elections


citation: ELEC § 15651

text:
(a) If at any election, except as provided in subdivision (b) and an election for Governor or Lieutenant Governor, two or more persons receive an equal and the highest number of votes for an office to be voted for in more than one county, the Secretary of State shall forthwith summon the candidates who have received the tie votes, whether upon the canvass of the returns by the Secretary of State or upon recount by a court, to appear before him or her at the Secretary of State’s office at the State Capitol at a time to be designated by him or her. The Secretary of State shall at that time and place determine the tie by lot. Except as provided in subdivision (b), in the same manner, at a time and place designated by it, the election board shall determine a tie vote, whether upon the canvass of the returns by the election board or upon a recount by a court, for candidates voted for wholly within one county or city.

(b) In lieu of resolving a tie vote by lot as provided in subdivision (a), the legislative body of any county, city, or special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10) may resolve a tie vote by the conduct of a special runoff election involving those candidates who received an equal number of votes and the highest number of votes.

A special runoff election shall be held only if the legislative body adopts the provisions of this subdivision prior to the conduct of the election resulting in the tie vote. If a legislative body decides to call a special runoff election in the event of a tie vote, all future elections conducted by that body shall be resolved by the conduct of a special runoff election, unless the legislative body later repeals the authority for the conduct of a special runoff election.

If a special runoff election is held pursuant to this subdivision, the legislative body shall call for the runoff election to be held in the local entity on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election that resulted in a tie vote. If a regular election is to be held throughout the jurisdiction within that time period, the special runoff election shall be held on the same day as, and consolidated with, the regular election.

history: (History: Amended by Stats. 1998, Ch. 199, Sec. 49. Effective January 1, 1999.)

article: 1. Elections Other than Primary Elections


citation: ELEC § 15652

text: If the tie vote has been determined pursuant to Section 15651, the person declared elected by the Secretary of State or the election board is entitled to a certificate of election. The Secretary of State, the county elections official or the city elections official, whichever the case may be, shall immediately make out and deliver to that person a certificate of election.


citation: ELEC § 15653

text: When two or more persons have an equal and highest number of votes for either Governor or Lieutenant Governor, the Secretary of State shall deliver a certificate to that effect to each of the tied candidates. Each tied candidate may present the certificate to the Legislature in the manner that he or she sees fit.

history: (History: Amended by Stats. 2000, Ch. 1081, Sec. 22. Effective January 1, 2001.)


citation: ELEC § 15654

text: In case any two or more persons have an equal and highest number of votes for either Governor or Lieutenant Governor, the Legislature shall, by a joint vote of both houses, choose one of the persons to fill the office.


citation: ELEC § 15670

text:
This article applies only to:

(a) Candidates for delegates to a national convention for the nomination of party candidates for President and Vice President of the United States.

(b) Candidates for nomination at the direct primary to offices other than nonpartisan offices or voter-nominated offices.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 59. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)

article: 2. At Primary Elections

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 10. Tie Votes > 2. At Primary Elections


citation: ELEC § 15671

text: In case of a tie vote for member of a county central committee, where the office is to be voted for wholly within one county, the election board shall forthwith summon the candidates who have received tie votes to appear before it, at a time and place to be designated by the board, and the board shall at that time and place determine the tie by lot.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 60. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)

article: 2. At Primary Elections


citation: ELEC § 15672

text: In the case of a tie vote for an office other than a judicial or school office to be voted on in more than one county, the Secretary of State shall forthwith summon the candidates who have received tie votes to appear before him or her at his or her office at the State Capitol at a time to be designated by him or her. The Secretary of State shall at that time and place determine the tie by lot.

article: 2. At Primary Elections


citation: ELEC § 15673

text: The summons mentioned in this article shall in every case be mailed to the address of the candidate as it appears upon his or her affidavit of registration, at least five days before the day fixed for the determination of the tie vote.

article: 2. At Primary Elections


citation: ELEC § 15700

text: It is the intent of the Legislature in enacting this chapter to provide guidance in interpreting Section 2.5 of Article II of the California Constitution.

history: (History: Added by Stats. 2001, Ch. 919, Sec. 1. Effective January 1, 2002. Operative after March 5, 2002 (Prop. 43 was adopted) by Sec. 2 of Ch. 919.)

chapter: 11. Extension of Deadlines

path: 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES > 11. Extension of Deadlines


citation: ELEC § 15701

text: If a postelection deadline imposed by this code prevents the proper tabulation or recounting of ballots, the county elections official of the affected county may petition the superior court of that county for an extension sufficient to permit the tabulation or recounting of ballots. The court may grant the petition if it finds that the time limitation would prevent the counting of all votes as required by Section 2.5 of Article II of the California Constitution.


citation: ELEC § 15702

text: For purposes of Section 2.5 of Article II of the California Constitution, “vote” includes all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, voter registration, any other act prerequisite to voting, casting a ballot, and having the ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public office and ballot measures.


citation: ELEC § 16000

text: The general election contest provisions of this division, exclusive of Article 1 (commencing with Section 16700) of Chapter 8, Chapter 9 (commencing with Section 16800), and Article 1 (commencing with Section 16900) of Chapter 10, shall also apply to the recount of votes cast on a ballot measure, insofar as they can be made applicable.

division: 16. ELECTIONS CONTESTS

chapter: 1. General Provisions

path: 16. ELECTIONS CONTESTS > 1. General Provisions


citation: ELEC § 16002

text: When used in this division, “contestant” means any person initiating an election contest. “Defendant” means that person whose election or nomination is contested or those persons receiving an equal and highest number of votes, other than the contestant, where, in other than primary elections, the body canvassing the returns declares that no one person has received the highest number of votes for the contested office.


citation: ELEC § 16003

text: In a contest of the election of presidential electors the action or appeal shall have priority over all other civil matters. Final determination and judgment shall be rendered at least six days before the first Tuesday after the second Wednesday in December.

history: (History: Amended by Stats. 2023, Ch. 88, Sec. 4. (AB 507) Effective January 1, 2024.)


citation: ELEC § 16100

text:
Any elector of a county, city, or of any political subdivision of either may contest any election held therein, for any of the following causes:

(a) That the precinct board or any member thereof was guilty of malconduct.

(b) That the person who has been declared elected to an office was not, at the time of the election, eligible to that office.

(c) That the defendant has given to any elector or member of a precinct board any bribe or reward, or has offered any bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise defined in Division 18 (commencing with Section 18000).

(d) That illegal votes were cast.

(e) That eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote.

(f) That the precinct board in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

(g) That there was an error in the vote-counting programs or summation of ballot counts.

history: (History: Amended by Stats. 2003, Ch. 173, Sec. 1. Effective January 1, 2004.)

chapter: 2. Grounds for Contest

path: 16. ELECTIONS CONTESTS > 2. Grounds for Contest


citation: ELEC § 16101

text:
Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following grounds, that:

(a) The defendant is not eligible to the office in dispute.

(b) The defendant has committed any offense against the elective franchise defined in Division 18 (commencing with Section 18000).

(c) A sufficient number of votes were illegal, fraudulent, forged, or otherwise improper, and that had those votes not been counted, the defendant would not have received as many votes as the contestant.

(d) A sufficient number of eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote, and that had those voters been permitted to vote, the defendant would not have received as many votes as the contestant.

(e) Due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.

history: (History: Amended by Stats. 2003, Ch. 173, Sec. 2. Effective January 1, 2004.)


citation: ELEC § 16200

text: This chapter shall not apply to elections for the office of state Senator or Member of the Assembly of the California Legislature.

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

chapter: 3. Contests at General Elections

path: 16. ELECTIONS CONTESTS > 3. Contests at General Elections


citation: ELEC § 16201

text: No irregularity or improper conduct in the proceedings of the precinct board members, or any of them, is malconduct that avoids an election, unless the irregularity or improper conduct is such as to procure the defendant to be declared either elected or one of those receiving an equal and highest number of votes where no one person has received the highest number of votes.


citation: ELEC § 16202

text: When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the precinct board of any precinct, or any member thereof, the election shall not be annulled or set aside upon any proof thereof, unless the rejection of the vote of that precinct would change the result as to that office in the remaining vote of the county.


citation: ELEC § 16203

text: An election shall not be set aside on account of illegal votes, unless it appears that a number of illegal votes has been given to the person whose right to the office is contested or who has been certified as having tied for first place, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to that other person.


citation: ELEC § 16204

text: An election shall not be set aside on account of eligible voters being denied the right to vote, unless it appears that a sufficient number of voters were denied the right to vote as to change the result.

history: (History: Added by Stats. 2003, Ch. 173, Sec. 3. Effective January 1, 2004.)


citation: ELEC § 16300

text: Irregularity or improper conduct shall annul or set aside a nomination only if it appears that illegal votes in the precinct have been given to the defendant, which if taken from him or her, would reduce the number of his legal votes below the number of votes given to the contestant.

chapter: 4. Contests at Primary Elections

path: 16. ELECTIONS CONTESTS > 4. Contests at Primary Elections


citation: ELEC § 16400

text:
When an elector contests any election he or she shall file with the clerk of the superior court having jurisdiction a written statement setting forth specifically:

(a) The name of the contestant and that he or she is an elector of the district or county, as the case may be, in which the contested election was held.

(b) The name of the defendant.

(c) The office.

(d) The particular grounds of contest and the section of this code under which the statement is filed.

(e) The date of declaration of the result of the election by the body canvassing the returns thereof.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 56. Effective September 30, 1996.)

chapter: 5. Form of Contest Statement

article: 1. General Elections

path: 16. ELECTIONS CONTESTS > 5. Form of Contest Statement > 1. General Elections


citation: ELEC § 16401

text:
The contestant shall verify the statement of contest, as provided by Section 446 of the Code of Civil Procedure, and shall file it within the following times after the declaration of the result of the election by the body canvassing the returns thereof:

(a) In cases other than cases of a tie, where the contest is brought on any of the grounds mentioned in subdivision (c) of Section 16100, six months.

(b) In all cases of tie, 20 days.

(c) In cases involving presidential electors, 10 days.

(d) In all other cases, 30 days.

history: (History: Amended by Stats. 2023, Ch. 479, Sec. 13. (AB 1762) Effective January 1, 2024.)

article: 1. General Elections


citation: ELEC § 16402

text:
When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one or more specified voting precincts illegal votes were given to the defendant, which, if taken from him or her, will reduce the number of his or her legal votes below the number of legal votes given to some other person for the same office.

Testimony shall not be received of any illegal votes, unless the contestant delivers to the defendant, at least three days before the trial, a written list of the number of illegal votes, and by whom given, which he or she intends to prove. No testimony may be received of any illegal votes except those that are specified in the list.

article: 1. General Elections


history: (History: Added by Stats. 2003, Ch. 173, Sec. 4. Effective January 1, 2004.)

article: 1. General Elections


citation: ELEC § 16403

text: A statement of the grounds of contest shall not be rejected nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the election is contested.

article: 1. General Elections


citation: ELEC § 16404

text: The affidavit shall specify separately each precinct in which any irregularity or improper conduct took place, or in which a recount is demanded, and the nature of the mistake, error, misconduct, or other cause of contest, and the date of completion of the official canvass of the board of supervisors of the county last making the declaration.

article: 1. General Elections


citation: ELEC § 16420

text: The defendant shall be named in the affidavit.

article: 2. Primary Elections

path: 16. ELECTIONS CONTESTS > 5. Form of Contest Statement > 2. Primary Elections


citation: ELEC § 16421

text: The affidavit shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the completion of the official canvass by the county last making the declaration. In the case of an office for which candidates are certified for the ballot by the Secretary of State, or in the case of a statewide ballot measure, the superior court having jurisdiction shall be the Superior Court for the County of Sacramento.

history: (History: Amended by Stats. 2023, Ch. 479, Sec. 14. (AB 1762) Effective January 1, 2024.)

article: 2. Primary Elections


citation: ELEC § 16440

text:
This article applies only to contests on the grounds that:

(a) The defendant is not eligible to the office in dispute.

(b) The defendant has committed any offense against the elective franchise as defined in Division 18 (commencing with Section 18000).

(c) A sufficient number of votes were illegal, fraudulent, forged, or otherwise improper, and that had those votes not been counted the defendant would not have received as many votes as the contestant.

article: 3. Contests Other than Recount

path: 16. ELECTIONS CONTESTS > 5. Form of Contest Statement > 3. Contests Other than Recount


citation: ELEC § 16441

text: If the nomination contested is for an office including a political subdivision of more than one county, the superior court of any county within the political subdivision has jurisdiction, and the contestant may file in any county within the political subdivision. There shall be no change of venue therefrom to any other county within the political subdivision.

article: 3. Contests Other than Recount


citation: ELEC § 16442

text: After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to the defendant by certified mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in the defendant’s affidavit of registration. The contestant shall make an affidavit of mailing if the contestant serves the affidavit by mail, and file it on the same day with the county elections official.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 11. (AB 1513) Effective January 1, 2026.)

article: 3. Contests Other than Recount


citation: ELEC § 16443

text: The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days.

article: 3. Contests Other than Recount


citation: ELEC § 16444

text: No special appearance, demurrer or objection may be taken other than by the affidavits which shall be considered a general appearance in the contest.

article: 3. Contests Other than Recount


citation: ELEC § 16460

text: This article applies only to contests on the ground that due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.

article: 4. Contests Involving a Recount

path: 16. ELECTIONS CONTESTS > 5. Form of Contest Statement > 4. Contests Involving a Recount


citation: ELEC § 16461

text: The superior court of that county in which is located the precinct in which the contestant demands a recount has jurisdiction.

article: 4. Contests Involving a Recount


citation: ELEC § 16462

text: No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit the county elections official shall forthwith post, in a conspicuous place in the official’s office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by certified mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 12. (AB 1513) Effective January 1, 2026.)

article: 4. Contests Involving a Recount


citation: ELEC § 16463

text: All candidates at any primary election are permitted to be candidates under this code only upon the condition that jurisdiction for the purposes of the proceeding authorized by this article shall exist in the manner and under the conditions provided for by Section 16462.

article: 4. Contests Involving a Recount


citation: ELEC § 16464

text: At any time within three days after the filing of the affidavit of the contestant to the effect that the contestant has sent by certified mail a copy of the affidavit to the defendant, the defendant may file with the clerk of the superior court an affidavit in the defendant’s own behalf, setting up the defendant’s desire to have the votes counted in any precincts, designating them, in addition to the precincts designated in the affidavit of the contestant, and setting up the defendant’s grounds therefor. On the trial of the contest all of the precincts named in the affidavits of the contestant and the defendant shall be considered, and a recount had with reference to all of those precincts. The contestant shall have the same right to answer the affidavit of the defendant as is given to the defendant with reference to the affidavit of the contestant except that the contestant’s answer shall be filed not later than the first day of the trial of the contest.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 13. (AB 1513) Effective January 1, 2026.)

article: 4. Contests Involving a Recount


citation: ELEC § 16465

text: The defendant shall appear, either in person or by attorney, at the time and place fixed for the hearing, and shall take notice of the order fixing the time and place from the records of the court, without service.

article: 4. Contests Involving a Recount


citation: ELEC § 16466

text:
The defendant may not make any special appearance for any purpose except as provided in this article. Any appearance whatever of the defendant or any request to the court by the defendant or his or her attorney shall be entered as a general appearance in the contest.

No demurrer or objection may be taken by the parties in any other manner than by answer, and all the objections shall be contained in the answer.

article: 4. Contests Involving a Recount


citation: ELEC § 16467

text: The court, if the defendant appears, shall require the answer to be made within three days from the time and place set for hearing. If the defendant does not appear the court shall note his default, and shall proceed to hear and determine the contest with all convenient speed.

article: 4. Contests Involving a Recount


citation: ELEC § 16500

text: Within five days after the end of the time allowed for filing statements of contest, the clerk of the superior court shall notify the superior court of the county of all statements filed. The presiding judge shall forthwith designate the time and place of hearing, which time shall be not less than 10 nor more than 20 days from the date of the order.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 58. Effective September 30, 1996.)

chapter: 6. Elections Official’s Duties

path: 16. ELECTIONS CONTESTS > 6. Elections Official’s Duties > 1. Contest Procedures at General Elections


citation: ELEC § 16501

text:
The clerk of the superior court shall thereupon issue a citation for the defendant to appear at the time and place specified in the order, which citation shall be delivered to the sheriff and served upon the party at least five days before the time so specified, by either of the following methods:

(a) Personally.

(b) If the party cannot be found, by leaving a copy at the house where he or she last resided.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 59. Effective September 30, 1996.)

article: 1. Contest Procedures at General Elections


citation: ELEC § 16502

text: The clerk of the superior court shall issue subpoenas for witnesses at the request of any party, which shall be served as other subpoenas. The superior court may issue attachments to compel the attendance of witnesses who have been subpoenaed to attend.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 60. Effective September 30, 1996.)


citation: ELEC § 16503

text: The contestant shall, in the first instance, be liable for the expenses involved in making any recount. He or she shall pay into court in advance each day a sum that the judge finds sufficient to pay all recount expenses that will have accrued by the end of that day. The sums paid shall be part of the costs. The elections official may pay each day the clerical assistants necessary for the recount from the amount advanced by the contestant without the necessity of the funds being first deposited with the county treasurer.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 61. Effective September 30, 1996.)


citation: ELEC § 16520

text: The clerk of the superior court, within five days after the end of the time for filing affidavits, shall present all the affidavits to the presiding judge of the superior court. The presiding judge shall forthwith designate the time and place of hearing, which shall be not less than 10 nor more than 20 days from the date of the order.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 62. Effective September 30, 1996.)

path: 16. ELECTIONS CONTESTS > 6. Elections Official’s Duties > 2. Contest Procedures at Primary Elections: Contests Other Than Recount


citation: ELEC § 16521

text: The clerk of the superior court, after an order setting a contest for trial, shall issue a citation to both parties containing a copy of the order. He or she shall deliver it to the sheriff who shall serve it either upon the parties or leave it at the residences named in the affidavits of registration of the parties.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 63. Effective September 30, 1996.)

article: 2. Contest Procedures at Primary Elections: Contests Other Than Recount


citation: ELEC § 16540

text: On the fifth day after the end of the time for filing contestant’s affidavit, the clerk of the superior court shall present the affidavits of the contestant and the defendant and proof of posting of contestant’s affidavit to the presiding judge of the superior court, or anyone acting in his or her stead, who shall forthwith designate the time and place of hearing, the time for which shall be not less than 10 nor more than 20 days from the date of the order.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 64. Effective September 30, 1996.)

path: 16. ELECTIONS CONTESTS > 6. Elections Official’s Duties > 3. Contest Procedures at Primary Elections: Involving a Recount


citation: ELEC § 16600

text: The court shall meet at the time and place designated, to determine the contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until the trial is ended, and may also continue the trial before its commencement for any time not exceeding 20 days for good cause shown by any party upon affidavit, at the costs of the party applying for the continuance.

chapter: 7. Court’s Duties

article: 1. General Elections

path: 16. ELECTIONS CONTESTS > 7. Court’s Duties > 1. General Elections


citation: ELEC § 16601

text: At the trial the ballots shall be opened and a recount taken, in the presence of all the parties, of the votes cast for the various candidates in all contests where it appears from the statements filed that a recount is necessary for the proper determination of the contest. The recount shall include a tabulation of all names written upon a ballot and which are subject to canvass pursuant to Chapter 7 (commencing with Section 15350) of Division 15.

article: 1. General Elections


citation: ELEC § 16602

text: In the trial and determination of election contests, the court shall be governed by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable. It may dismiss the proceedings if the statement of the cause of the contest is insufficient, or for want of prosecution.

article: 1. General Elections


citation: ELEC § 16603

text: The court shall continue in session to hear and determine all issues arising in contested elections. After hearing the proofs and allegations of the parties and within 10 days after the submission thereof, the court shall file its findings of fact and conclusions of law, and immediately thereafter shall pronounce judgment in the premises, either confirming or annulling and setting aside the election. The judgment shall be entered immediately thereafter.

history: (History: Amended by Stats. 2003, Ch. 149, Sec. 10. Effective January 1, 2004.)

article: 1. General Elections


citation: ELEC § 16620

text: The court shall meet at the time and place designated in the order setting the contest for trial, and shall have all powers necessary to determine the issues.

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

path: 16. ELECTIONS CONTESTS > 7. Court’s Duties > 2. Primary Elections:  Contests Other than Recount


citation: ELEC § 16640

text: If the number of votes that are sought to be recounted or the number of contests are such that the judge in a county in which there is but one superior court judge is of the opinion that it will require additional judges to enable the contest or contests to be determined in time to print the ballots for the election, he or she may obtain the service of any other superior judge, and the proceedings shall be the same as provided for a county in which there is more than one superior court judge.

path: 16. ELECTIONS CONTESTS > 7. Court’s Duties > 3. Primary Elections:  Contests Involving a Recount


citation: ELEC § 16641

text: If the proceeding is in a county where there is more than one superior court judge, the judge to whom the case is assigned shall notify the presiding judge forthwith of the number of judges which he or she deems necessary to participate in order to finish the contest in time to print the ballots for the final election. The presiding judge shall forthwith designate as many judges as are necessary to completion of the contest, by order in writing and thereupon all of the judges so designated shall participate in the recount of the ballots and the giving of judgment in the contest in the manner specified in this article.

article: 3. Primary Elections:  Contests Involving a Recount


citation: ELEC § 16642

text: The judges designated by the order to hear the contest, including the judge to whom the contest was originally assigned, shall convene upon notice from the judge to whom the contest was originally assigned, and agree upon the precincts which each one of them, sitting separately, will recount. Thereupon the recount shall so proceed that each judge, sitting separately, shall respectively determine the recount in those precincts which have been assigned to him or her, so that the ballots opened before one judge need not be opened before another judge or department.


citation: ELEC § 16643

text: The proceedings before every judge in making a recount of the precincts assigned to him or her, as to the appointment of the elections official and persons necessary to be assistants of the court in making it, shall be the same as in contested elections. Section 16503 applies to the recount.


citation: ELEC § 16700

text: The person declared elected by the superior court is entitled to a certificate of election. If a certificate has not already been issued to him or her, the elections official shall immediately make out and deliver to that person a certificate of election signed by him or her.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 65. Effective September 30, 1996.)

article: 1. General Elections

path: 16. ELECTIONS CONTESTS > 8. Court’s Decisions, Judgment, and Determinations > 1. General Elections


citation: ELEC § 16701

text: If the elections official has issued any certificate for the same office to any other person than the one declared elected by the court, or if the court finds a tie vote in a general election contest brought under this division, the certificate is annulled by the judgment.

chapter: 8. Court’s Decisions, Judgment, and Determinations

article: 1. General Elections


citation: ELEC § 16702

text: Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if any has issued, is void and the office vacant.

article: 1. General Elections


citation: ELEC § 16703

text: If in any election contest it appears that another person than the defendant has the highest number of legal votes, the court shall declare that person elected.

article: 1. General Elections


citation: ELEC § 16720

text: After the court has heard the proofs and allegations of the parties, it shall file its findings of fact and conclusions of law and immediately pronounce judgment either confirming the nomination or setting it aside and decreeing contestant nominated.

path: 16. ELECTIONS CONTESTS > 8. Court’s Decisions, Judgment, and Determinations > 2. Primary Elections:  Other than Recount


citation: ELEC § 16740

text: When the recount has been completed in the manner required by Article 4 (commencing with Section 16460) of Chapter 5, and Article 3 (commencing with Section 16640) of Chapter 7, all the judges who took part, if more than one, shall assemble and make the decision of the court. If there is any difference of opinion, a majority of the judges shall finally determine all questions, and give a separate decision or judgment in each contest.

path: 16. ELECTIONS CONTESTS > 8. Court’s Decisions, Judgment, and Determinations > 3. Primary Elections:  Involving a Recount


citation: ELEC § 16741

text: A certified copy of the judgment shall be served upon the elections official and may be enforced summarily in the same manner as provided in Section 13314.

history: (History: Amended by Stats. 1996, Ch. 1143, Sec. 66. Effective September 30, 1996.)

article: 3. Primary Elections:  Involving a Recount


citation: ELEC § 16742

text: If the contest proceeds in more than one county, and the nominee is to be certified by the Secretary of State from the compilation of election returns in his or her office, the judgment in each county in which there has been a contest shall show what, if any, changes in the returns in the office of the Secretary of State relating to that county ought to be made. Certified copies of the judgments shall be served upon the Secretary of State. He or she shall make the changes in the record in his or her office as each judgment requires, and conform his or her compilation and his or her certificate of nomination accordingly.


citation: ELEC § 16800

text: If the proceedings in a general election contest under this division are dismissed for insufficiency or for want of prosecution, or the election is confirmed by the court, judgment for costs shall be rendered against the contestant and in favor of the defendant. If the election is annulled or set aside on the ground of errors of a precinct board in conducting the election or in canvassing the returns, the costs shall be a charge against the county or city where the election was held. When the election is annulled or set aside on any other ground, judgment for costs shall be given in favor of contestant and against the defendant.

chapter: 9. Costs

path: 16. ELECTIONS CONTESTS > 9. Costs


citation: ELEC § 16801

text: Where two or more contested elections are joined for the purpose of recounting votes, the costs shall be apportioned among the parties in the discretion of the court.


citation: ELEC § 16802

text: Primarily each party is liable for the costs created by himself or herself to the officers and witnesses entitled thereto, which costs may be collected in the same manner as similar costs are collected in other cases.


citation: ELEC § 16803

text: The provisions relating to costs in contested final elections apply to primary election contests conducted under this division.


citation: ELEC § 16900

text: Any party aggrieved by the judgment of the court may appeal therefrom to the court of appeal, as in other cases of appeal thereto from the superior court. During the pendency of proceedings on appeal, and until final determination thereof, the person declared elected by the superior court shall be entitled to the office in like manner as if no appeal had been taken.

chapter: 10. Appeals

article: 1. General Elections

path: 16. ELECTIONS CONTESTS > 10. Appeals > 1. General Elections


citation: ELEC § 16920

text: Either party to a contest may appeal to the district court of appeal of the district where the contest is brought, if the appeal is perfected by the appellant within 10 days after judgment of the superior court is pronounced. The appeal shall have precedence over all other appeals and shall be acted upon by the district court of appeal within 10 days after the appeal is filed.

path: 16. ELECTIONS CONTESTS > 10. Appeals > 2. Primary Elections:  Other than a Recount


citation: ELEC § 16940

text: The judgment of the court is final in every respect. No party may appeal.

path: 16. ELECTIONS CONTESTS > 10. Appeals > 3. Primary Elections:  Involving a Recount


citation: ELEC § 17000

text:
(a) The elections official shall preserve all canceled original affidavits of registration for a period of five years, after which they may be destroyed by that officer.

(b) In lieu of preserving the canceled original affidavit of registration, the elections official may, by filming or other suitable method, record the canceled affidavit and destroy the affidavit following the first general election after the date of cancellation.

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 1. Affidavits of Registration and Voter Registration Indexes


citation: ELEC § 17001

text: The elections official shall keep a copy of the roster described in Section 2183 on file as a public record for election, political research, and governmental purposes for a period of five years.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 78. (SB 286) Effective January 1, 2018.)

division: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS

chapter: 1. Affidavits of Registration and Voter Registration Indexes


citation: ELEC § 17100

text:
(a) All nomination documents and signatures in lieu of filing fee petitions filed in accordance with this code shall be held by the officer with whom they are filed during the term of office for which they are filed and for four years after the expiration of the term.

(b) Thereafter, the documents and petitions shall be destroyed as soon as practicable unless they either are in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the documents and petitions be preserved for use in a pending or ongoing investigation into election irregularities, the subject of which relates to the placement of a candidate’s name on the ballot, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).

(c) Public access to the documents described in subdivision (a) shall be limited to viewing the documents only. The public may not copy or distribute copies of the documents described in subdivision (a) that contain signatures of voters.

history: (History: Amended by Stats. 2004, Ch. 785, Sec. 12. Effective January 1, 2005.)

chapter: 2. Nomination Documents

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 2. Nomination Documents


citation: ELEC § 17200

text:
(a) Except as provided in subdivision (b), elections officials required by law to receive or file in their offices any initiative or referendum petition shall preserve the petition until eight months after the certification of the results of the election for which the petition qualified or, if the measure, for any reason, is not submitted to the voters, eight months after the final examination of the petition by the elections official.

(b) Thereafter, the petition shall be destroyed as soon as practicable unless any of the following conditions is satisfied:

(1) The petition is in evidence in some action or proceeding then pending.

(2) The elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, the subject of which relates to the petition’s qualification or disqualification for placement on the ballot, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).

(3) The proponents of the petition have commenced an examination pursuant to Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the petition shall be preserved until one year from the date that the proponents last examined the petition.

(c) If a petition subject to paragraph (3) of subdivision (b) is circulated in multiple counties, a county that performs an examination pursuant to this section shall inform the other counties in which the petition is circulated of the examination to facilitate compliance with that paragraph. If the petition is circulated statewide, the Secretary of State shall ensure compliance.

(d) Public access to the petition shall be restricted in accordance with Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code.

(e) This section applies to the following petitions:

(1) Statewide initiative and referendum petitions.

(2) County initiative and referendum petitions.

(3) Municipal initiative and referendum petitions.

(4) Municipal city charter amendment petitions.

(5) District initiative and referendum petitions.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 100. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

chapter: 3. Initiative and Referendum Petitions

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 3. Initiative and Referendum Petitions


citation: ELEC § 17300

text:
(a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.

(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.

(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.

history: (History: Amended by Stats. 2021, Ch. 100, Sec. 4. (AB 1591) Effective January 1, 2022.)

chapter: 4. Precinct Supplies and Ballots

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 4. Precinct Supplies and Ballots


citation: ELEC § 17301

text:
(a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.

(b) The packages containing the following items shall be kept by the elections official, unopened and unaltered, for 22 months from the date of the election:

(1) Voted polling place ballots.

(2) Paper cast vote records, as defined by Sections 305.5 and 19271.

(3) Voted vote by mail voter ballots.

(4) Vote by mail voter identification envelopes.

(5) Voted provisional voter ballots.

(6) Voted conditional voter registration ballots.

(7) Provisional ballot voter identification envelopes, including conditional voter registration voter identification envelopes cast pursuant to subdivision (e) of Section 2170.

(8) Spoiled ballots.

(9) Canceled ballots.

(10) Unused vote by mail ballots surrendered by the voter pursuant to Section 3015.

(c) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official shall have the items identified in subdivision (b) destroyed or recycled. The packages shall otherwise remain unopened until the items are destroyed or recycled.

history: (History: Amended by Stats. 2024, Ch. 605, Sec. 6. (SB 1328) Effective September 25, 2024.)


citation: ELEC § 17302

text:
(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17301. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.

(b) The packages containing the following items shall be kept by the elections official, unopened and unaltered, for six months from the date of the election:

(1) Voted polling place ballots.

(2) Paper cast vote records, as defined by Sections 305.5 and 19271.

(3) Voted vote by mail voter ballots.

(4) Vote by mail voter identification envelopes.

(5) Voted provisional voter ballots.

(6) Voted conditional voter registration ballots.

(7) Provisional ballot voter identification envelopes, including conditional voter registration voter identification envelopes cast pursuant to subdivision (e) of Section 2170.

(8) Spoiled ballots.

(9) Canceled ballots.

(10) Unused vote by mail ballots surrendered by the voter pursuant to Section 3015.

(c) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official shall have the items identified in subdivision (b) destroyed or recycled. The packages shall otherwise remain unopened until the items are destroyed or recycled.

history: (History: Amended by Stats. 2024, Ch. 605, Sec. 7. (SB 1328) Effective September 25, 2024.)


citation: ELEC § 17303

text:
(a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.

(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:

(1) Two tally sheets.

(2) The challenge lists.

(3) The assisted voters’ list.

(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.

(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.

history: (History: Amended by Stats. 2021, Ch. 100, Sec. 5. (AB 1591) Effective January 1, 2022.)


citation: ELEC § 17304

text:
(a) The following provisions apply to all state or local elections not provided for in subdivision (a) of Section 17303. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.

(b) The elections official shall preserve the package or packages containing the following items for a period of six months:

(1) Two tally sheets.

(2) The copy of the roster used as the voting record. If an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of creating a paper copy.

(3) The challenge lists.

(4) The assisted voters’ list.

(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes, except that items that contain signatures of voters may not be copied or distributed.

(d) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 81. (SB 286) Effective January 1, 2018.)


citation: ELEC § 17305

text:
(a) The following provisions apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.

(b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17301 shall be kept by the elections official for 22 months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined.

(c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17301 shall be determined by the elections official.

(d) Sealed ballot containers shall not be opened unless the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled.

history: (History: Amended by Stats. 2024, Ch. 605, Sec. 8. (SB 1328) Effective September 25, 2024.)


citation: ELEC § 17306

text:
(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17305. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.

(b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17302 shall be kept by the elections official for six months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined.

(c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17302 shall be determined by the elections official.

(d) Sealed ballot containers shall not be opened unless the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled.

history: (History: Amended by Stats. 2024, Ch. 605, Sec. 9. (SB 1328) Effective September 25, 2024.)


citation: ELEC § 17400

text:
(a) The elections official shall preserve in that person’s office all recall petitions filed for eight months after the results of the election for which the petition qualified or, if no election is held, eight months after the elections official’s final examination of the petition.

(b) Thereafter, the petition shall be destroyed as soon as practicable, unless it is in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, city, or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).

(c) Public access to the petition shall be restricted in accordance with Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code.

history: (History: Amended (as amended by Stats. 2021, Ch. 615, Sec. 101) by Stats. 2022, Ch. 166, Sec. 5. (AB 2967) Effective January 1, 2023.)

chapter: 5. Recall Petitions

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 5. Recall Petitions


citation: ELEC § 17501

text: Following each general election, the county elections official shall file copies of all precinct maps with the Secretary of State. If there is no change in the precinct maps from those maps that are currently on file, in lieu of filing copies of those maps with the Secretary of State, the elections official may submit a written statement informing the Secretary of State of that fact. The Secretary of State shall maintain a file of all the copies for 12 years and shall, upon request, make them available for examination.

chapter: 6. Miscellaneous Provisions

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 6. Miscellaneous Provisions


citation: ELEC § 17502

text:
(a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.

(b) The elections official shall preserve the following records reflecting the appointment of precinct officials until 22 months from the date of any election.

(1) Precinct officers’ declaration of intention required by Section 12321.

(2) Precinct board member applications specified in Section 12300.

(3) Order appointing members of the several precinct boards and designating the polling places specified in Section 12286.

(4) Nominations for appointment to the precinct board by the county central committee of each qualified political party specified in Section 12306.

(5) Written orders appointing precinct board members or designating the polling place for the precinct pursuant to Section 12327.

history: (History: Amended by Stats. 2003, Ch. 810, Sec. 23. Effective January 1, 2004.)


citation: ELEC § 17503

text:
(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17502. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.

(b) The elections official shall preserve the following records reflecting the appointment of precinct officials until six months from the date of an election.

(1) Precinct officers’ declaration of intention required by Section 12321.

(2) Precinct board member applications specified in Section 12300.

(3) Order appointing members of the several precinct boards and designating the polling places specified in Section 12286.

(4) Nominations for appointment to the precinct board by the county central committee of each qualified political party specified in Section 12306.

(5) Written orders appointing precinct board members or designating the polling place for the precinct pursuant to Section 12327.

history: (History: Amended by Stats. 2003, Ch. 810, Sec. 24. Effective January 1, 2004.)


citation: ELEC § 17506

text:
(a) The elections official shall preserve the list of new resident voters voting pursuant to Chapter 5 (commencing with Section 3400) of Division 3 for 22 months from the date of the election.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that day.

history: (History: Amended by Stats. 2024, Ch. 109, Sec. 11. (AB 2582) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)


citation: ELEC § 17600

text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Ballot image” means an electronically captured or generated image of a ballot that is created on a voting device or machine, which contains a list of contests on the ballot, may contain the voter selections for those contests, and complies with the ballot layout requirements.

(b) “Certified voting technology” means any certified voting technologies certified by the Secretary of State, including voting systems, ballot on demand printing systems, electronic poll book systems, or adjudication systems, and the hardware, firmware, software, proprietary intellectual property they contain, any components, and any products they generate, including ballots, ballot images, reports, logs, cast vote records, or electronic data.

(c) “Chain of custody” means a process used to track the movement and control of certified voting technology, as defined in subdivision (b), through its lifecycle by documenting each person and organization who handles certified voting technology, the date and time it was collected or transferred, and the purpose of the transfer. A break in the chain of custody refers to a period during which control of the certified voting technology is uncertain and during which actions taken on the certified voting technology are unaccounted for or unconfirmed.

(d) “Electronic data” includes voting technology software, operating systems, databases, firmware, drivers, and logs.

(e) “End of lifecycle” means the secure clearing or wiping of the certified voting technology so that no software, firmware, or data remains on the equipment and the equipment becomes a nonfunctioning piece of hardware.

(f) “HASH” means a mathematical algorithm used to create a digital fingerprint of a software program, which is used to validate software as identical to the original.

(g) “Lifecycle” of certified voting technology means the entire lifecycle of the certified voting technology from the time of certification and trusted build creation through the end of lifecycle of the certified voting technology.

history: (History: Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)

chapter: 7. Preservation of Electronic Data

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 7. Preservation of Electronic Data


citation: ELEC § 17601

text:
(a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.

(b) The following data shall be kept by the elections official, on electronic media, stored and unaltered, for 22 months from the date of the election:

(1) All voting system electronic data.

(2) All ballot on demand system electronic data, if applicable.

(3) All adjudication electronic data.

(4) All remote accessible vote by mail system electronic data, if applicable.

(5) All electronic poll book electronic data, if applicable.

(6) HASH values taken from the voting technology devices, if applicable.

(7) All ballot images.

(c) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, using the ballot tally system to mark or falsify ballots, or manipulation of the ballot tally system, is not commenced within the 22-month period, either of which may involve the vote count of the precinct from which voted ballots were received, the elections official shall have the backups destroyed.