Elections Code

Part 4 of 12 · provisions 601–800

This act is known as the Elections Code.

Jurisdiction: United States — California
Instrument: Code
Citation: ELEC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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The Office of Elections Cybersecurity is created and must coordinate election cybersecurity work, develop best practices, share threat information, and help counter false or misleading election-related information. If a voter cannot personally enter the information required by Section 100, the voter may ask someone else to print the voter’s name and residence, but the voter must personally make a mark or sign, and that mark or signature must be witnessed by one person who signs their name. A person may vote in a local, special, or consolidated election if registered in one of the precincts that make up those election precincts and if voting is in accordance with this code. Statewide special elections must be called, conducted, and canvassed under the same rules as general elections, unless another law specifically says otherwise. A city or district may ask the county board of supervisors to let the county elections official provide election services, and the request must be by resolution.

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Provisions of Elections Code

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15276.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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Precinct board members must count votes for each person and for and against each measure using the method stated here.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15276. The precinct board members shall ascertain the number of votes cast for each person and for and against each measure in the following manner: One precinct board member shall read from the ballots. As the ballots are read, at least one other precinct board member shall keep watch of each vote so as to check on any possible error or omission on the part of the officer reading or calling the ballot. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
15277.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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Two precinct board members must each keep a tally sheet in the form prescribed by the elections official, record vote tallies as ballots are read, and then mark and total the sheet.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15277. (a) Two of the precinct board members shall each keep a tally sheet in a form prescribed by the elections official. Each tally sheet shall contain all of the following: (1) The name of each candidate being voted for and the specific office for which each candidate is being voted. The offices shall be in the same order as on the ballot. (2) A list of each measure being voted upon. (3) Sufficient space to permit the tallying of the full vote cast for each candidate and for and against each measure. (b) The precinct board members keeping the tally sheets shall record opposite each name or measure, with pen or indelible pencil, the number of votes by tallies as the name of each candidate or measure voted upon is read aloud from the respective ballot. (c) Immediately upon the completion of the tallies, the precinct board members keeping the tally shall draw two heavy lines in ink or indelible pencil from the last tally mark to the end of the line in which the tallies terminate and initial that line. The total number of votes counted for each candidate and for and against each measure shall be recorded on the tally sheets in words and figures. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
15278.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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After each election canvass, the elections official must compare the vote-by-mail voters’ list with each precinct roster to check whether any voter cast more than one ballot.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15278. On completion of the canvass of the returns for each election, the elections official shall compare the vote by mail voters’ list with the roster for each precinct to determine if any voter cast more than one ballot at that election. (Amended by Stats. 2017, Ch. 806, Sec. 76. (SB 286) Effective January 1, 2018.)
15278.5.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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A precinct board member may tally votes only as this article allows and only on the provided tally sheets.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15278.5. No precinct board member may make any tally of votes in any other manner than is provided in this article, nor in any place other than on the tally sheets provided for that purpose. (Added by renumbering Section 15278 (as added by Stats. 1998, Ch. 1073) by Stats. 2002, Ch. 344, Sec. 4. Effective January 1, 2003.)
15279.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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After ballots are read and tallied, no one may examine them, and once counting is complete they must be sealed in a strong envelope with precinct board members’ signatures across the seal.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15279. The ballots, as soon as all of the names and measures marked on them as voted for are read and tallied, shall not thereafter be examined by any person, but, as soon as all are counted, shall be carefully sealed in a strong envelope. The signatures of each member of the precinct board shall be written across the seal. (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
15280.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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The precinct board must complete, sign, and return required forms to the elections official, and board members must sign the certificate of performance when precinct votes are counted and their duties are finished.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15280. The precinct board shall complete, sign, and return to the elections official all furnished forms requiring its signatures. When votes are counted at the precinct, all members of the precinct board, upon the completion of their duties, shall sign the following certificate of performance, which shall be substantially in the following form: ## Certificate of Performance for ____ precinct, for the ____ election, held on the ____ day of ____, (year). We hereby certify that the total number of votes received by each candidate for each office and the total number of votes cast for and against each measure is as indicated on the tally sheets. We further certify that the results of votes cast forms posted outside the polling place and transmitted to the county elections official show the total number of votes received by each candidate for each office and the total number of votes cast for and against each measure is as indicated. _____ Inspector _____ Assistant Inspector _____ Judge _____ Judge _____ Clerk _____ Clerk _____ Clerk _____ Clerk (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
15281.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )
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The precinct board must post a copy of the vote result outside the polling place, keep it posted for at least 48 hours, and in a small-voter-count precinct tally case, post only the total number of voters.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15281. The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the result of the votes cast. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls. To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots and the precinct board tallies the results at the precinct, the precinct board shall post only the total number of people who voted at the precinct. (Amended by Stats. 2010, Ch. 402, Sec. 3. (AB 2797) Effective January 1, 2011.)
15290.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 6. Manual Vote Count in a Central Place [15290- 15290.] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 27. )
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Ballots counted manually in a central place must be transported under Sections 15201 and 15202, and each counting board must count and tally them by precinct separately under the elections official’s or authorized deputies’ direction.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 6. Manual Vote Count in a Central Place [15290- 15290.] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15290. Ballots that are to be counted manually in a central place shall be transported as provided in Sections 15201 and 15202. Each counting board shall proceed to count and tally the ballots by precincts, separately, under the direction of the elections official or authorized deputies, in the same manner as provided where ballots are counted at the polling place pursuant to Article 5 (commencing with Section 15270). (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
15300.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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This chapter applies to all elections.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15300. This chapter applies to all elections. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15301.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The official canvass must start by the Thursday after the election, be open to the public, and generally continue at least six hours a day until finished.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15301. (a) The canvass shall commence no later than the Thursday following the election, shall be open to the public, and, for state or statewide elections, shall result in a report of results to the Secretary of State. (b) (1) Except as provided in paragraph (2), the canvass shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed. (2) If the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has been provided, or will be provided, the opportunity to verify or to provide their signature pursuant to subdivision (d) or (e) of Section 3019, as applicable, and the elections official does not need to conduct the official canvass for at least six hours per day in order to meet the deadline for certification of results pursuant to this section and Section 15372, the official canvass may be conducted for fewer than six hours per day until completed. (Amended by Stats. 2025, Ch. 279, Sec. 4. (AB 827) Effective January 1, 2026.)
15302.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The official canvass must include specified ballot and record-checking tasks, such as inspecting returned materials, reconciling counts, processing valid mail and provisional ballots, counting valid write-ins, reproducing damaged ballots if needed, and reporting final results.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15302. The official canvass shall include, but not be limited to, the following tasks: (a) An inspection of all materials and supplies returned by poll workers. (b) A reconciliation of the number of signatures on the roster with the number of ballots recorded on the ballot statement. (c) In the event of a discrepancy in the reconciliation required by subdivision (b), the number of ballots received from each polling place shall be reconciled with the number of ballots cast, as indicated on the ballot statement. (d) A reconciliation of the number of ballots counted, spoiled, canceled, or invalidated due to identifying marks, overvotes, or as otherwise provided by statute, with the number of votes recorded, including vote by mail and provisional ballots, by the vote counting system. (e) Processing and counting any valid vote by mail and provisional ballots not included in the semifinal official canvass. (f) Counting any valid write-in votes. (g) Reproducing any damaged ballots, if necessary. (h) Reporting final results to the governing board and the Secretary of State, as required. (Amended by Stats. 2007, Ch. 508, Sec. 101. Effective January 1, 2008.)
15303.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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If precinct returns are incomplete, ambiguous, unauthenticated, or otherwise defective, the elections official may issue subpoenas and have precinct board members appear under oath.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15303. If the returns from any precinct are incomplete, ambiguous, not properly authenticated, or otherwise defective, the elections official may issue and serve subpoenas requiring members of the precinct board to appear and be examined under oath concerning the manner in which votes were counted and the result of the count in their precinct. This section shall apply when ballots are tabulated manually or automatically at the polls. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15304.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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In a central counting place, the elections official may appoint at least three deputies to open returned election materials, and may summon precinct officers under oath if the materials are defective.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15304. In jurisdictions using a central counting place, the elections official may appoint not less than three deputies to open the envelopes or containers with the materials returned from the precincts. If, after examination, any of the materials are incomplete, ambiguous, not properly authenticated, or otherwise defective, the precinct officers may be summoned before the elections official and examined under oath to describe polling place procedures and to correct the errors or omissions. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15305.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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An elections official must report estimated outstanding unprocessed ballots to the Secretary of State on the second day after the election, and keep sending updated reports starting on the sixth day after the election when updated results are publicly released.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15305. (a) For purposes of this section, “unprocessed ballot” means a voted polling place ballot, voted vote by mail ballot, voted provisional ballot, or voted conditional registration ballot that has not yet been counted or processed for counting. (b) On the second day after the election, an elections official shall send to the Secretary of State an initial report containing the estimated number of outstanding unprocessed ballots. (c) Commencing on the sixth day after the election, an elections official shall, on any day that the elections official publicly releases updated election results, send to the Secretary of State a report on the estimated number of outstanding unprocessed ballots. The report shall be submitted to the Secretary of State in the form and manner prescribed by the Secretary of State, and the last report shall be delivered upon the completion of the official canvass. (Added by Stats. 2019, Ch. 91, Sec. 1. (AB 566) Effective January 1, 2020.)
15306.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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An elections official must post updated election information on a website starting no later than the Thursday after an election and keep posting it at least twice a week until stopping is allowed.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15306. (a) Beginning no later than the Thursday following an election, and until the time specified in subdivision (b), an elections official shall post updated information regarding the election on their internet website at least two times by the following Thursday and at least twice a week thereafter. The updates shall include at least the following information: (1) Updated results for any candidate or measure appearing on the ballot. (2) The number of ballots processed and an estimated number of outstanding ballots remaining unprocessed using the unprocessed ballot categories prescribed by the Secretary of State pursuant to Section 15305. This information shall be posted on either the homepage of an election official’s internet website or on the stand-alone webpage for the specific election on an elections official’s internet website. Posting a hyperlink to a separate file containing this information does not satisfy the requirements of this subdivision. (3) The date and time when it is expected that the next results will be posted. This information shall be posted on the homepage of an elections official’s internet website, on the stand-alone webpage for the specific election on an elections official’s internet website, or on the stand-alone website that contains updated election results for the specific election pursuant to paragraph (1). Posting a hyperlink to a separate file containing this information does not satisfy the requirements of this subdivision. (b) The elections official may stop posting the results described in subdivision (a) when either of the following occurs: (1) A certified statement of results is published pursuant to Section 15372. (2) The only ballots left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019. If the elections official stops posting results for this reason, they shall post a notice stating this reason on their internet website. (c) The requirements of this section are in addition to any other duty to report or publish information required of the elections official pursuant to this division or any other law. (Amended by Stats. 2025, Ch. 307, Sec. 4. (SB 3) Effective January 1, 2026.)
15307.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. )
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An elections official must finish counting ballots and release the vote count by the 13th day after the election, except for listed ballot types.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 1. General Provisions [15300 - 15307] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15307. (a) On or before the 13th day following the election, an elections official shall finish counting all ballots, except those described in subdivision (b), and shall release the vote count for those ballots. (b) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 13th day following the election does not apply to any of the following: (1) A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106. (2) A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017. (3) A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019. (4) A provisional ballot. (5) A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2. (6) A ballot received by an elections official after the fourth day following the election. (c) If an elections official will not meet the deadline set forth in subdivision (a), the elections official shall file a notice of extension with the Secretary of State and include the reason for the extension. Both the Secretary of State and the elections official shall post the extension filing on their respective websites. (d) Nothing in this section alters the statutory obligations imposed by Sections 3019, 15320, 15321, and 15342 regarding counties completing their respective vote canvasses. (Added by Stats. 2025, Ch. 250, Sec. 1. (AB 5) Effective January 1, 2026.)
15320.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 2. Processing Vote by Mail Ballots and Mail Ballot Precinct Ballots [15320 - 15321] ( Heading of Article 2 amended by Stats. 2007, Ch. 508, Sec. 102. )
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Vote-by-mail ballots and mail ballot precinct ballots that meet the listed conditions must be processed and counted during the official canvass.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 2. Processing Vote by Mail Ballots and Mail Ballot Precinct Ballots [15320 - 15321] ( Heading of Article 2 amended by Stats. 2007, Ch. 508, Sec. 102. ) ## 15320. Vote by mail ballots and mail ballot precinct ballots returned to the elections office and to the polls on or before election day that are not included in the semifinal official canvass phase of the election, including any ballots returned to another jurisdiction in the state and forwarded to the elections official who issued the ballot pursuant to Section 3017, shall be processed and counted during the official canvass in the manner prescribed by Chapter 2 (commencing with Section 15100) of Division 15, and pursuant to the requirements of Section 3019. (Amended by Stats. 2017, Ch. 806, Sec. 77. (SB 286) Effective January 1, 2018.)
15321.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 2. Processing Vote by Mail Ballots and Mail Ballot Precinct Ballots [15320 - 15321] ( Heading of Article 2 amended by Stats. 2007, Ch. 508, Sec. 102. )
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For certain statewide and vacancy-filling elections, vote-by-mail and polling-place votes must be tabulated by precinct.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 2. Processing Vote by Mail Ballots and Mail Ballot Precinct Ballots [15320 - 15321] ( Heading of Article 2 amended by Stats. 2007, Ch. 508, Sec. 102. ) ## 15321. For any statewide election or special election to fill a vacancy in a congressional or legislative office, votes cast by vote by mail ballot and votes cast at the polling place shall be tabulated by precinct. (Amended by Stats. 2007, Ch. 508, Sec. 104. Effective January 1, 2008.)
15340.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. )
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Most voters may write any candidate’s name on the ballot, except in a voter-nominated office at a general election.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15340. Except for a voter-nominated office at a general election, each voter is entitled to write on the ballot the name of any candidate for any public office, including that of President and Vice President of the United States. (Amended by Stats. 2012, Ch. 3, Sec. 44. (AB 1413) Effective February 10, 2012.)
15341.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. )
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A write-in name on a ballot is not counted for an office or nomination unless the candidate has complied with Part 3 of Division 8, starting with Section 8600.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15341. Notwithstanding any other provision of law, no name written upon a ballot in any election shall be counted for an office or nomination unless the candidate whose name has been written on the ballot has complied with Part 3 (commencing with Section 8600) of Division 8. (Added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15342.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. )
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This section tells how write-in votes are counted, when they are not counted, and when a qualified write-in candidate may ask for a hand tally of undervotes.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15342. Any name written upon a ballot for a qualified write-in candidate, including a reasonable facsimile of the spelling of a name, shall be counted for the office, if it is written in the blank space provided and voted as specified below: (a) For voting systems in which write-in spaces appear directly below the list of candidates for that office and provide a voting space, no write-in vote shall be counted unless the voting space next to the write-in space is marked or slotted as directed in the voting instructions, except as provided in subdivision (f). (b) For voting systems in which write-in spaces appear separately from the list of candidates for that office and do not provide a voting space, the name of the write-in candidate, if otherwise qualified, shall be counted if it is written in the manner described in the voting instructions. (c) The use of pressure-sensitive stickers, glued stamps, or any other device not provided for in the voting procedures for the voting systems approved by the Secretary of State to indicate the name of the write-in candidate are not valid, and a name indicated by these methods shall not be counted. (d) Neither a vote cast for a candidate whose name appears on the ballot nor a vote cast for a write-in candidate shall be counted if the voter has indicated, by a combination of marking and writing, a choice of more names than there are candidates to be nominated or elected to the office. (e) All valid write-in votes shall be tabulated and certified to the elections official on forms provided for this purpose, and the write-in votes shall be added to the results of the count of the ballots at the counting place and be included in the official returns for the precinct. (f) (1) In an election that uses a voting system described in subdivision (a), after tallying all eligible votes but prior to completion of the official canvass and the issuance of the certified statement of the results pursuant to this chapter, the elections official, upon the request of a qualified write-in candidate for an office being voted on in that election for an examination of undervotes that is received within five days of completion of the semiofficial canvass, may hand tally the remaining undervotes if any of the following is applicable: (A) In the case of a primary election or a special election, the sum of the total number of votes cast for the write-in candidate and the total number of undervotes cast for the office but not examined pursuant to a hand tally is equal to or greater than the total number of votes cast for the candidate receiving the second highest number of votes for that office. (B) In the case of a general election or a special runoff election, the sum of the total number of votes cast for the write-in candidate and the total number of undervotes cast for the office but not examined pursuant to a hand tally is equal to or greater than the total number of votes cast for the candidate receiving the highest number of votes for that office. (C) In the case of an office for which a voter may vote for more than one candidate, the sum of the total number of votes cast for the write-in candidate and the total number of undervotes cast for the office but not examined pursuant to a hand tally is equal to or greater than the total number of votes cast for the candidate receiving the least number of votes that would be sufficient in order to be elected. (2) The elections official may stop a hand tally conducted pursuant to this subdivision when the official determines that the applicable condition in any of subparagraphs (A) to (C), inclusive, of paragraph (1) is no longer applicable, or when all of the undervotes for the office have been examined. (3) In conducting a hand tally pursuant to this subdivision, the elections official shall count a vote for the office if the intent of the voter can be determined, regardless of whether the voter has complied with the voting instructions. The elections official shall include the results of a hand tally conducted pursuant to this subdivision in the official canvass of the election. (4) For purposes of this subdivision, “undervote” means a ballot on which a voter failed to cast any vote for a specific office or failed to cast the maximum number of votes permitted, as detected by an electronic, mechanical, or other vote-tabulating device. (5) Notwithstanding Section 15624, a qualified write-in candidate is not responsible for the costs of a hand tally requested pursuant to this subdivision. (g) This section does not prohibit a request for a recount. (Amended by Stats. 2011, Ch. 190, Sec. 1. (AB 503) Effective January 1, 2012.)
15342.5.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. )
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In a manual recount under the specified sections, Section 15342 must be read liberally so a ballot is counted if the voter’s intent can be determined, even if voting instructions were not followed.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 3. Processing Write-In Votes [15340 - 15342.5] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15342.5. In the event of a manual recount conducted pursuant to Section 15610 or requested pursuant to Section 15620 or 15621, the process set forth in Section 15342 shall be liberally construed to ensure that each ballot is counted if the intent of the voter can be determined, regardless of whether the voter has complied with the voting instructions. (Added by Stats. 2011, Ch. 189, Sec. 1. (AB 461) Effective January 1, 2012.)
15350.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 4. Processing and Counting Provisional Ballots [15350- 15350.] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 31. )
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Provisional ballots cast under Section 14310 must be processed and counted under Chapter 2 and the requirements of Sections 14310 and 14311.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 4. Processing and Counting Provisional Ballots [15350- 15350.] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15350. Provisional ballots cast pursuant to Section 14310 shall be processed and counted in accordance with the provisions outlined in Chapter 2 (commencing with Section 15100) and pursuant to the requirements of Sections 14310 and 14311. (Amended by Stats. 2014, Ch. 906, Sec. 6. (AB 2530) Effective January 1, 2015.)
15360.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 5. One Percent Manual Tally [15360- 15360.] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 31. )
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During the official canvass, the elections official must conduct a public manual tally and publish notice and results details for it.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 5. One Percent Manual Tally [15360- 15360.] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15360. (a) During the official canvass of every election in which a voting system is used, the elections official shall conduct a public manual tally of the ballots tabulated by those devices, including vote by mail ballots, using either of the following methods: (1) (A) A public manual tally of the ballots canvassed in the semifinal official canvass, including vote by mail ballots but not including provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official. If 1 percent of the precincts is less than one whole precinct, the tally shall be conducted in one precinct chosen at random by the elections official. (B) (i) In addition to the 1 percent manual tally, the elections official shall, for each race not included in the initial group of precincts, count one additional precinct. The manual tally shall apply only to the race not previously counted. (ii) The elections official may, at the elections official’s discretion, select additional precincts for the manual tally, which may include vote by mail and provisional ballots. (2) A two-part public manual tally, which includes both of the following: (A) A public manual tally of the ballots canvassed in the semifinal official canvass, not including vote by mail or provisional ballots, cast in 1 percent of the precincts chosen at random by the elections official and conducted pursuant to paragraph (1). (B) (i) A public manual tally of not less than 1 percent of the vote by mail ballots canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be chosen at random by the elections official. (ii) For purposes of this section, a “batch” means a set of ballots tabulated by the voting system devices, for which the voting system can produce a report of the votes cast. (iii) (I) In addition to the 1 percent manual tally of the vote by mail ballots, the elections official shall, for each race not included in the initial 1 percent manual tally of vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally shall apply only to the race not previously counted. (II) The elections official may, at the elections official’s discretion, select additional batches for the manual tally, which may include vote by mail and provisional ballots. (b) The elections official shall use either a random number generator or other method specified in regulations that shall be adopted by the Secretary of State to randomly choose the initial precincts, batches of vote by mail ballots, or direct recording electronic voting machines subject to the public manual tally. (c) The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day. (d) The manual tally shall be a public process, with the official conducting the election providing at least a five-day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts, batches, or direct recording electronic voting machines subject to the public manual tally before conducting the selection and tally. (e) The elections official shall include a report on the results of the 1 percent manual tally in the certification of the official canvass of the vote. This report shall identify any discrepancies between the machine count and the manual tally and a description of how each of these discrepancies was resolved. In resolving a discrepancy involving a vote recorded by electronic or electromechanical vote tabulating devices, the voter verified paper audit trail shall govern if there is a discrepancy between it and the electronic record. (Amended by Stats. 2023, Ch. 676, Sec. 51. (AB 1219) Effective January 1, 2024.)
15370.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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After ballots are counted and sealed, the elections official may not open them unless another section allows it or there is a recount.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15370. After ballots are counted and sealed, the elections official may not open any ballots nor permit any ballots to be opened except as permitted in Sections 15303 and 15304, or in the event of a recount. (Added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15371.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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After counting is complete, the elections official must add write-in votes and certified paper ballots to the results, declare the vote, and promptly post one copy at the counting place for public inspection.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15371. (a) Upon completion of the count, the elections official shall add to the results as so determined, the results of the write-in votes and any paper ballots used as certified by the precinct board, and thereupon shall declare the vote, and forthwith post one copy at the counting place for public inspection. (b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary. (Amended by Stats. 2025, Ch. 238, Sec. 2. (SB 851) Effective October 1, 2025.)
15372.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The elections official must prepare and submit a certified statement of election results, and must post it online in a downloadable spreadsheet format for at least 10 years.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15372. (a) The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month. (b) The elections official shall post the certified statement of the results of the election on the elections official’s internet website in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the election results shall be posted and maintained on the elections official’s internet website for at least 10 years following the election. This subdivision shall apply only to an elections official who uses a computer system that has the capability of producing the election results in a downloadable spreadsheet format without requiring modification of the computer system. (c) The duties imposed on elections officials pursuant to subdivisions (a) and (b) are ministerial and nondiscretionary. (d) If the elections official fails to prepare a certified statement of the results of the election as specified in subdivision (a), the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General and may assist the county elections official in discharging the officer’s duties, consistent with subdivision (b) of Section 12172.5 of the Government Code. (Amended by Stats. 2025, Ch. 238, Sec. 3. (SB 851) Effective October 1, 2025.)
15373.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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When ballots are counted under this article, the vote result must be shown by precinct.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15373. When ballots are counted under this article, the result of the vote shall be shown by precinct. (Added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15374.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The statement of the result must list ballot and vote totals, including precinct-level counts and certain district breakdowns for specified offices and statewide propositions.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15374. (a) The statement of the result shall show all of the following: (1) The total number of ballots cast. (2) The number of votes cast at each precinct for each candidate and for and against each measure. (3) The total number of votes cast for each candidate and for and against each measure. (b) The statement of the result shall also show the number of votes cast in each city, Assembly district, congressional district, senatorial district, State Board of Equalization district, and supervisorial district located in whole or in part in the county, for each candidate for the offices of presidential elector and all statewide offices, depending on the offices to be filled, and on each statewide ballot proposition. (Added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15375.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The elections official must send election results to the Secretary of State within set deadlines.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15375. (a) The elections official shall send to the Secretary of State within 31 days of the election in an electronic format in the manner requested one complete copy of all results as to each of the following: (1) All candidates voted for statewide office. (2) All candidates voted for the following offices: (A) Member of the State Assembly. (B) Member of the State Senate. (C) Member of the United States House of Representatives. (D) Member of the State Board of Equalization. (E) Justice of the Court of Appeal. (F) Judge of the superior court. (3) All persons voted for at the presidential primary. The results for all persons voted for at the presidential primary for delegates to national conventions shall be canvassed and shall be sent within 28 days after the election. (4) The vote given for persons for electors of President and Vice President of the United States. The results for presidential electors shall be endorsed “Presidential Election Returns” and shall be canvassed and sent within 28 days after the election. (5) All statewide measures. (6) The total number of ballots cast. (b) The duties imposed on elections officials pursuant to subdivision (a) are ministerial and nondiscretionary. (Amended by Stats. 2025, Ch. 238, Sec. 4. (SB 851) Effective October 1, 2025.)
15376.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The elections official must deliver a duplicate of the certified vote result statement to each party’s county central committee chairperson.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15376. The elections official shall deliver a duplicate of the certified statement of the result of votes cast to the chairperson of the county central committee of each party. (Added by Stats. 1998, Ch. 1073, Sec. 31. Effective January 1, 1999.)
15377.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. )
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The elections official must report rejected vote-by-mail ballot counts and reasons to the Secretary of State within 31 days after the election, and the Secretary of State must publish a report and provide uniform rejection reason codes.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 4. Official Canvass [15300 - 15377] ( Chapter 4 repealed and added by Stats. 1998, Ch. 1073, Sec. 31. ) ## ARTICLE 6. Ballot Security and Reporting of Results [15370 - 15377] ( Article 6 added by Stats. 1998, Ch. 1073, Sec. 31. ) ## 15377. (a) The elections official shall identify and provide to the Secretary of State within 31 days of the election the number of vote by mail ballots rejected, categorized according to the reason for the rejection. The Secretary of State shall provide uniform vote by mail ballot rejection reason codes for each category of rejection to be used by elections officials for reporting under this section. (b) Upon receipt of the information described in subdivision (a), the Secretary of State shall publish a report containing the information for every statewide election, including a recall election for a state constitutional officer, Member of the State Senate, or Member of the State Assembly, and every special election to fill a vacancy for the office of Member of the United States Senate, Member of the United States House of Representatives, Member of the State Senate, and Member of the State Assembly on the Secretary of State’s internet website. (Amended by Stats. 2024, Ch. 437, Sec. 3. (AB 3184) Effective September 22, 2024.)
15400.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 5. Announcement of Results [15400 - 15402] ( Heading of Chapter 5 renumbered from Chapter 8 by Stats. 1998, Ch. 1073, Sec. 33. )
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The governing body must declare the elected or nominated person for each office, and the governing board must declare the results for each measure, in elections under their jurisdiction.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 5. Announcement of Results [15400 - 15402] ( Heading of Chapter 5 renumbered from Chapter 8 by Stats. 1998, Ch. 1073, Sec. 33. ) ## 15400. (a) It is the ministerial and nondiscretionary duty of the governing body to declare elected or nominated to each office voted on at each election under its jurisdiction the person having the highest number of votes for that office, or who was elected or nominated under the exceptions noted in Section 15452. (b) It is the ministerial and nondiscretionary duty of the governing board to declare the results of each election under its jurisdiction as to each measure voted on at the election. (Amended by Stats. 2025, Ch. 238, Sec. 5. (SB 851) Effective October 1, 2025.)
15401.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 5. Announcement of Results [15400 - 15402] ( Heading of Chapter 5 renumbered from Chapter 8 by Stats. 1998, Ch. 1073, Sec. 33. )
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The elections official must prepare, sign, authenticate, and deliver a certificate of election or nomination to each person elected or nominated, except those elected to a central committee.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 5. Announcement of Results [15400 - 15402] ( Heading of Chapter 5 renumbered from Chapter 8 by Stats. 1998, Ch. 1073, Sec. 33. ) ## 15401. The elections official shall make out and deliver to each person elected or nominated, as declared by the governing body, except those elected to a central committee, a certificate of election or nomination, signed and authenticated by the elections official. (Amended by Stats. 2012, Ch. 8, Sec. 15. (AB 1200) Effective March 8, 2012.)
15402.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 5. Announcement of Results [15400 - 15402] ( Heading of Chapter 5 renumbered from Chapter 8 by Stats. 1998, Ch. 1073, Sec. 33. )
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If a candidate dies after the specified point before an election, the votes for that candidate are still counted and the candidate may be treated as elected if they receive a majority; the resulting vacancy is filled as if the candidate had died after taking office.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 5. Announcement of Results [15400 - 15402] ( Heading of Chapter 5 renumbered from Chapter 8 by Stats. 1998, Ch. 1073, Sec. 33. ) ## 15402. (a) Whenever a candidate whose name appears upon the ballot at any election for an office other than a voter-nominated office dies after the 68th day before the election, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term. (b) Whenever a candidate whose name appears on the ballot at any election for a voter-nominated office dies, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office at the general election, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term. (Amended by Stats. 2012, Ch. 3, Sec. 45. (AB 1413) Effective February 10, 2012.)
15450.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 1. General Provisions [15450 - 15452] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A plurality of votes at an election is a choice unless the California Constitution says otherwise.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 1. General Provisions [15450 - 15452] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15450. A plurality of the votes given at any election shall constitute a choice where not otherwise directed in the California Constitution, provided that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15451.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 1. General Provisions [15450 - 15452] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Nominees for a voter-nominated office must be determined under Section 8141.5 and subdivision (b) of Section 8142.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 1. General Provisions [15450 - 15452] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15451. The nominees for a voter-nominated office shall be determined in accordance with Section 8141.5 and subdivision (b) of Section 8142. (Amended by Stats. 2009, Ch. 1, Sec. 57. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)
15452.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 1. General Provisions [15450 - 15452] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In most elections, the person with a plurality of votes for an office is elected or nominated to that office, subject to listed exceptions.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 1. General Provisions [15450 - 15452] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15452. The person who receives a plurality of the votes cast for any office is elected or nominated to that office in any election, except: (a) An election for which different provision is made by any city or county charter. (b) A municipal election for which different provision is made by the laws under which the city is organized. (c) The election of local officials in primary elections as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8. (d) The nomination of candidates for voter-nominated office at the primary election to participate in the general election for that office as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8. (Amended by Stats. 2009, Ch. 1, Sec. 58. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)
15460.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 2. Democratic Central Committee Conditions for Election of Candidate [15460- 15460.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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County central committee candidates with the most votes in each county and district are declared elected, but only if they also meet a minimum vote total tied to nomination-paper signature requirements.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 2. Democratic Central Committee Conditions for Election of Candidate [15460- 15460.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15460. In each county the number of candidates for membership in a county central committee in each Assembly or supervisorial district who receive the highest number of votes shall be declared elected. However, a candidate for membership shall not be declared elected unless he or she has received votes equal in number to the minimum number of signatures to the nomination paper which would have been required to place his or her name on the direct primary ballot as a candidate for member of a committee. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15470.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 3. Republican Central Committee Conditions for Election of Candidate [15470- 15470.] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In each county, the top vote-getters for committee membership in each Assembly or supervisorial district are declared elected, but only if they meet a minimum vote threshold tied to the number of signatures required for the nomination paper.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 3. Republican Central Committee Conditions for Election of Candidate [15470- 15470.] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15470. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15480.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 4. American Independent Central Committee Conditions for Election of Candidate [15480- 15480.] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In each county, the top vote-getters for county central committee seats are declared elected, but only if they also meet the minimum vote total tied to the signatures needed for the direct primary ballot.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 4. American Independent Central Committee Conditions for Election of Candidate [15480- 15480.] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15480. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15490.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 5. Peace and Freedom Central Committee Conditions for Election of Candidate [15490- 15490.] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In county central committee elections, the highest-vote candidates are declared elected, but certain write-in candidates need at least 2% of party members voting in the district at the direct primary, or 20 votes, whichever is less.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 6. Determination of Elected or Nominated Candidates [15450 - 15490] ( Heading of Chapter 6 renumbered from Chapter 9 by Stats. 1998, Ch. 1073, Sec. 34. ) ## ARTICLE 5. Peace and Freedom Central Committee Conditions for Election of Candidate [15490- 15490.] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15490. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15500.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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The Secretary of State must compile certain election results, keep compiling them without adjournment until finished, publish them immediately, and make some reported results available on request.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15500. 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. (Amended by Stats. 1999, Ch. 18, Sec. 3. Effective May 4, 1999.)
15501.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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The Secretary of State must compile specified election results, file a statement of the vote by the 38th day after the election, and post it online in a downloadable spreadsheet for at least 10 years. The Secretary of State may also gather local election returns.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15501. (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. (Amended by Stats. 2013, Ch. 112, Sec. 2. (AB 813) Effective January 1, 2014.)
15502.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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The Secretary of State must compile a supplement to the statement of the vote within 120 days, and provide a copy on request to any elector of the state.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15502. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15503.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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The Secretary of State must determine the votes for Senator and Representative races and certify the highest vote-getters as elected, by the 38th day after the election or sooner if the returns are already in.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15503. 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. (Amended by Stats. 2009, Ch. 149, Sec. 3. (AB 1490) Effective January 1, 2010.)
15504.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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The Secretary of State must issue and deliver, or mail, a certificate of election or nomination to each person elected or nominated.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15504. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15504.5.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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When the Secretary of State sends certain election certificates or unofficial results to the State Senate or State Assembly, the transmission must include a notation if the candidate was not continuously registered in the district during the stated period.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15504.5. 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. (Added by Stats. 2023, Ch. 514, Sec. 2. (AB 63) Effective January 1, 2024.)
15505.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
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The Secretary of State must analyze presidential electors’ votes within 32 days after the election, certify the names of the highest vote-getters to the Governor, and send each presidential elector a certificate of election.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 7. Duties of the Secretary of State [15500 - 15505] ( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. ) ## 15505. 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. (Amended by Stats. 2009, Ch. 149, Sec. 4. (AB 1490) Effective January 1, 2010.)
15550.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 8. Disposition of Ballots and Supplies by the Elections Official [15550 - 15553] ( Heading of Chapter 8 renumbered from Chapter 11 by Stats. 1998, Ch. 1073, Sec. 39. )
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When an elections official receives election records and supplies, they must dispose of them as required by this chapter.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 8. Disposition of Ballots and Supplies by the Elections Official [15550 - 15553] ( Heading of Chapter 8 renumbered from Chapter 11 by Stats. 1998, Ch. 1073, Sec. 39. ) ## 15550. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15551.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 8. Disposition of Ballots and Supplies by the Elections Official [15550 - 15553] ( Heading of Chapter 8 renumbered from Chapter 11 by Stats. 1998, Ch. 1073, Sec. 39. )
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The elections official must keep certain contested ballots in custody and allow specified legislative or congressional committees to inspect them; the ballots or package contents cannot be taken from that custody, and destruction is delayed when a contest or criminal prosecution is pending.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 8. Disposition of Ballots and Supplies by the Elections Official [15550 - 15553] ( Heading of Chapter 8 renumbered from Chapter 11 by Stats. 1998, Ch. 1073, Sec. 39. ) ## 15551. (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. (Amended by Stats. 2026, Ch. 10, Sec. 4. (SB 73) Effective May 27, 2026.)
15553.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 8. Disposition of Ballots and Supplies by the Elections Official [15550 - 15553] ( Heading of Chapter 8 renumbered from Chapter 11 by Stats. 1998, Ch. 1073, Sec. 39. )
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Individuals must not let law enforcement agents access, disrupt, modify, or take possession of rosters, combined rosters, or voter lists unless a court order authorizes it or the access is to investigate a Section 18560 violation.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 8. Disposition of Ballots and Supplies by the Elections Official [15550 - 15553] ( Heading of Chapter 8 renumbered from Chapter 11 by Stats. 1998, Ch. 1073, Sec. 39. ) ## 15553. (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. (Added by Stats. 2026, Ch. 10, Sec. 5. (SB 73) Effective May 27, 2026.)
15600.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 1. General Provisions [15600 - 15601] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This chapter applies to all elections, except where the chapter itself says otherwise.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 1. General Provisions [15600 - 15601] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15600. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15601.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 1. General Provisions [15600 - 15601] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The Secretary of State must adopt and later revise regulations on ballot recount procedures, including rules for vote-by-mail, provisional ballots, and manual recount charges.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 1. General Provisions [15600 - 15601] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15601. (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. (Amended by Stats. 2015, Ch. 723, Sec. 1. (AB 44) Effective January 1, 2016.)
15610.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 2. Elections Official-Ordered Recounts [15610- 15610.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An elections official may order a public recount of ballots voted in a precinct if no election contest is pending for that precinct and the listed conditions are met.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 2. Elections Official-Ordered Recounts [15610- 15610.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15610. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15620.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After the official canvass, any voter may file a written recount request within 5 calendar days, using the county elections official, and the request must identify the candidate, electors slate, or measure position involved.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15620. (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. (Amended by Stats. 2025, Ch. 282, Sec. 2. (AB 930) Effective January 1, 2026.)
15621.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A voter may request a statewide recount within 5 calendar days starting on the 31st day after a statewide election, and the Secretary of State must forward the request to county elections officials, who must confirm receipt.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15621. (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. (Amended by Stats. 2025, Ch. 304, Sec. 10.5. (AB 1513) Effective January 1, 2026.)
15621.5.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If multiple voters request a recount of the same office or measure and at least one asks for a manual recount, the county elections official must conduct only one manual recount, and that result controls.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15621.5. 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. (Added by Stats. 2015, Ch. 723, Sec. 4. (AB 44) Effective January 1, 2016.)
15622.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A recount request may set the order for recounting votes by precinct or by the batch in which ballots were scanned.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15622. 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. (Amended by Stats. 2025, Ch. 282, Sec. 4. (AB 930) Effective January 1, 2026.)
15623.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Any other voter may request a recount of precincts during a recount and for 24 hours afterward, if the precincts were not recounted under the original request.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15623. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15624.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Before and during a recount, the voter, campaign committee, or voter’s designee must deposit the amount the elections official requires to cover that day’s recount cost. Extra money must be returned if the recount changes the plurality result or, in some multi-candidate elections, helps the requested candidate reach a later runoff or general election; money not refunded goes to the public treasury.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15624. 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. (Amended by Stats. 2025, Ch. 282, Sec. 5. (AB 930) Effective January 1, 2026.)
15625.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Recounts must be supervised by the elections official, who must convene special recount boards; the requester must pay the county for each board member.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15625. (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. (Amended by Stats. 2025, Ch. 282, Sec. 6. (AB 930) Effective January 1, 2026.)
15626.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A recount must start within set business-day deadlines, continue at least six hours per day, and cannot start until the required notifications are made.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15626. (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. (Amended by Stats. 2025, Ch. 282, Sec. 7. (AB 930) Effective January 1, 2026.)
15627.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A recount requester must choose the recount method, and certain manual recounts are limited to paper ballots or ballot images; if multiple manual recount requests exist and one asks for paper ballots, the county elections official must recount only the paper ballots.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15627. (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. (Amended by Stats. 2025, Ch. 282, Sec. 8. (AB 930) Effective January 1, 2026.)
15628.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Before a recount starts, the elections official must post notice of the recount date and place and notify specified people by approved delivery methods.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15628. 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. (Amended by Stats. 2025, Ch. 282, Sec. 9. (AB 930) Effective January 1, 2026.)
15629.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The recount must be conducted publicly.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15629. The recount shall be conducted publicly. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15630.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This section limits who may touch ballots and voting equipment during a recount, and it bars photographing or sharing digital images of voter-identifying material.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15630. (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. (Amended by Stats. 2025, Ch. 282, Sec. 10. (AB 930) Effective January 1, 2026.)
15631.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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During a recount, ballots may be challenged for incompleteness, ambiguity, or other defects, and the challenge must follow the stated procedure.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15631. 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. (Amended by Stats. 2025, Ch. 282, Sec. 11. (AB 930) Effective January 1, 2026.)
15632.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A recount can replace the official canvass results if it changes the outcome, but it is void if required precinct or statewide counting is incomplete.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15632. 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. (Amended by Stats. 2025, Ch. 282, Sec. 12. (AB 930) Effective January 1, 2026.)
15633.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must post recount results within one day after the recount ends and notify specified people about the results.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15633. 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. (Repealed and added by Stats. 2025, Ch. 282, Sec. 14. (AB 930) Effective January 1, 2026.)
15634.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This chapter does not allow ballots to be opened or recounted for any precinct except for the purposes stated in the chapter, and it does not limit other election-contest or recount laws.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 3. Voter-Requested Recounts [15620 - 15634] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15634. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15640.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 4. Court-Ordered Recounts [15640 - 15642] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The district attorney may ask the superior court for a public recount in limited circumstances, and the court may order recounts only when probable cause supports the request.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 4. Court-Ordered Recounts [15640 - 15642] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15640. (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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15641.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 4. Court-Ordered Recounts [15640 - 15642] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Section 15001 applies unless a court orders the program held pending election litigation, and the Secretary of State must provide the program on written request if court action or an official recount starts while it is on deposit.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 4. Court-Ordered Recounts [15640 - 15642] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15641. 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. (Amended by Stats. 2003, Ch. 810, Sec. 22. Effective January 1, 2004.)
15642.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 4. Court-Ordered Recounts [15640 - 15642] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Vote-total storage media must be kept in a secure location, and if votes are recanvassed, the entrusted officer must file an affidavit about the media used and that they were not altered.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 4. Court-Ordered Recounts [15640 - 15642] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15642. 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. (Amended by Stats. 1998, Ch. 1073, Sec. 42. Effective January 1, 1999.)
15645.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. )
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The Governor may order a state-funded manual recount in close statewide races or ballot measures, and the State must reimburse counties for recount costs.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. ) ## 15645. (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. (Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
15646.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. )
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When a recount is ordered, the Secretary of State must notify county election officials and direct a recount. County election officials must also review rejected ballots, and recounts have set deadlines for primary and general elections.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. ) ## 15646. (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. (Amended by Stats. 2023, Ch. 479, Sec. 12. (AB 1762) Effective January 1, 2024.)
15647.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. )
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Most of Article 3 applies to this article, except specified sections and any contrary provision in this article.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. ) ## 15647. 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. (Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
15648.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. )
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The Secretary of State may make, change, or отменate rules and regulations needed to administer this article.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. ) ## 15648. The Secretary of State may adopt, amend, and repeal rules and regulations necessary for the administration of this article. (Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
15649.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. )
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A county elections official must conduct a recount under this article only if funds have been appropriated for that purpose.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 9. Recount [15600 - 15649] ( Heading of Chapter 9 renumbered from Chapter 12 by Stats. 1998, Ch. 1073, Sec. 41. ) ## ARTICLE 5. State-Funded Recounts [15645 - 15649] ( Article 5 added by Stats. 2015, Ch. 723, Sec. 8. ) ## 15649. 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. (Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)
15650.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This article does not apply to primary elections.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15650. This article does not apply to any primary election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15651.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This section says how tie votes are resolved in certain elections: the Secretary of State or election board must determine the tie by lot, but some local bodies may instead use a special runoff election.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15651. (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. (Amended by Stats. 1998, Ch. 199, Sec. 49. Effective January 1, 1999.)
15652.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After a tie vote is determined under Section 15651, the person declared elected is entitled to a certificate of election, and the Secretary of State or the relevant county or city elections official must immediately issue and deliver it.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15652. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15653.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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When there is a tie for the highest vote total for Governor or Lieutenant Governor, the Secretary of State must give a certificate to each tied candidate, and each tied candidate may present it to the Legislature.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15653. 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. (Amended by Stats. 2000, Ch. 1081, Sec. 22. Effective January 1, 2001.)
15654.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If there is a tie for the highest vote total for Governor or Lieutenant Governor, the Legislature must choose one of the tied persons.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 1. Elections Other than Primary Elections [15650 - 15654] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15654. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15670.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This article applies only to two groups of candidates: delegates to a national convention for presidential and vice-presidential party nominations, and candidates for nomination at a direct primary for offices other than nonpartisan or voter-nominated offices.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15670. 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. (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.)
15671.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If there is a tie vote for county central committee member in a race voted on wholly within one county, the election board must promptly summon the tied candidates and decide the tie by lot.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15671. 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. (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.)
15672.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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For certain multi-county nonjudicial and nonschool tie votes, the Secretary of State must summon the tied candidates and decide the tie by lot.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15672. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15673.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The summons for this article must be mailed to the candidate’s registration address at least 5 days before the tie vote is determined.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 10. Tie Votes [15650 - 15673] ( Heading of Chapter 10 renumbered from Chapter 13 by Stats. 1998, Ch. 1073, Sec. 44. ) ## ARTICLE 2. At Primary Elections [15670 - 15673] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15673. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
15700.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 11. Extension of Deadlines [15700 - 15702] ( Chapter 11 added by Stats. 2001, Ch. 919, Sec. 1. )
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This section says the Legislature enacted the chapter to guide interpretation of Section 2.5 of Article II of the California Constitution.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 11. Extension of Deadlines [15700 - 15702] ( Chapter 11 added by Stats. 2001, Ch. 919, Sec. 1. ) ## 15700. 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. (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.)
15701.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 11. Extension of Deadlines [15700 - 15702] ( Chapter 11 added by Stats. 2001, Ch. 919, Sec. 1. )
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If a post-election deadline blocks ballot tabulation or recounting, the county elections official may ask the superior court for more time, and the court may grant it if the deadline would stop all votes from being counted.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 11. Extension of Deadlines [15700 - 15702] ( Chapter 11 added by Stats. 2001, Ch. 919, Sec. 1. ) ## 15701. 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. (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.)
15702.
## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 11. Extension of Deadlines [15700 - 15702] ( Chapter 11 added by Stats. 2001, Ch. 919, Sec. 1. )
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This section defines “vote” broadly for a constitutional provision.

## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 11. Extension of Deadlines [15700 - 15702] ( Chapter 11 added by Stats. 2001, Ch. 919, Sec. 1. ) ## 15702. 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. (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.)
16.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must give a copy of Government Code Section 84305 to candidates or their agents when a declaration of candidacy is filed, and to proponents of a local initiative or referendum when petitions are filed.

## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16. A copy of Section 84305 of the Government Code shall be provided by the elections official to each candidate or his or her agent at the time of filing the declaration of candidacy and to the proponents of a local initiative or referendum at the time of filing the petitions. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16000.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [16000 - 16003] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The general election contest rules in this division also apply to recounts of votes cast on a ballot measure, except for the listed excluded parts, as far as those rules can be applied.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [16000 - 16003] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16000. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16002.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [16000 - 16003] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This section defines “contestant” and “defendant” for election contests.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [16000 - 16003] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16002. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16003.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [16000 - 16003] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In an election contest involving presidential electors, the action or appeal gets priority over other civil matters, and final judgment must be entered at least six days before the first Tuesday after the second Wednesday in December.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [16000 - 16003] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16003. 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. (Amended by Stats. 2023, Ch. 88, Sec. 4. (AB 507) Effective January 1, 2024.)
16100.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Grounds for Contest [16100 - 16101] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An elector in a county, city, or other political subdivision may contest an election there on listed grounds such as malconduct, ineligibility, bribery, illegal votes, denial of voting rights, counting errors, or vote-counting program errors.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Grounds for Contest [16100 - 16101] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16100. 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. (Amended by Stats. 2003, Ch. 173, Sec. 1. Effective January 1, 2004.)
16101.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Grounds for Contest [16100 - 16101] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A candidate at a primary election may file an affidavit to contest another candidate’s nomination to the same office on listed grounds.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Grounds for Contest [16100 - 16101] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16101. 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. (Amended by Stats. 2003, Ch. 173, Sec. 2. Effective January 1, 2004.)
16200.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This chapter does not apply to elections for California State Senator or Member of the Assembly.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16200. This chapter shall not apply to elections for the office of state Senator or Member of the Assembly of the California Legislature. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16201.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Irregularities or improper conduct by precinct board members do not void an election unless they caused the defendant to be declared elected or tied for the highest vote.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16201. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16202.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An election for a county office cannot be annulled or set aside for precinct-board malconduct unless discarding that precinct’s vote would change the result.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16202. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16203.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An election generally cannot be set aside because of illegal votes unless the illegal votes would change the result under the rule stated in this section.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16203. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16204.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An election cannot be set aside for voter-denial claims unless enough voters were denied the right to vote to change the result.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Contests at General Elections [16200 - 16204] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16204. 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. (Added by Stats. 2003, Ch. 173, Sec. 3. Effective January 1, 2004.)
16300.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Contests at Primary Elections [16300- 16300.] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A nomination may be annulled or set aside only when illegal votes in the precinct were given to the defendant and removing those votes would drop the defendant below the contestant.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Contests at Primary Elections [16300- 16300.] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16300. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16400.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An elector contesting an election must file a written statement with the clerk of the superior court having jurisdiction.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16400. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 56. Effective September 30, 1996.)
16401.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The contestant must verify the statement of contest and file it within the applicable deadline after the election result is declared.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16401. 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. (Amended by Stats. 2023, Ch. 479, Sec. 13. (AB 1762) Effective January 1, 2024.)
16402.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If a contest is based on illegal votes, the contestant must generally specify the illegal votes in a written list and give it to the defendant at least three days before trial to have testimony received.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16402. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16402.5.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An election cannot be set aside for denied voting rights unless enough voters were denied the right to vote to change the result.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16402.5. 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. (Added by Stats. 2003, Ch. 173, Sec. 4. Effective January 1, 2004.)
16403.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A court may not reject a contest statement or dismiss the proceedings for lack of form if the grounds are stated clearly enough to tell the defendant what election contest is being brought.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16403. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16404.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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An affidavit in an election contest must list each affected precinct separately and state the reason for the contest and the date the county board of supervisors completed the official canvass.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16400 - 16404] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16404. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16420.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections [16420 - 16421] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The defendant must be named in the affidavit.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections [16420 - 16421] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16420. The defendant shall be named in the affidavit. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16421.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections [16420 - 16421] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The affidavit must be filed with the clerk of the superior court having jurisdiction within five days after the official canvass is completed.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections [16420 - 16421] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16421. 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. (Amended by Stats. 2023, Ch. 479, Sec. 14. (AB 1762) Effective January 1, 2024.)
16440.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This article applies only to certain election contests based on specific grounds.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16440. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16441.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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For certain election contests involving an office covering more than one county, any county’s superior court in that political subdivision has jurisdiction, and the contestant may file in any county within it.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16441. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16442.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After the affidavit is filed, the contestant must serve a copy on the defendant, either personally or by certified mail. If service is by mail, the contestant must also make and file an affidavit of mailing the same day with the county elections official.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16442. 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. (Amended by Stats. 2025, Ch. 304, Sec. 11. (AB 1513) Effective January 1, 2026.)
16443.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The defendant may file an answer and a cross-contest affidavit within five days after receiving the affidavit copy.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16443. The defendant, after receipt of the copy of the affidavit, may file an answer and a cross-contest affidavit within five days. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16444.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In an election contest, no special appearance, demurrer, or objection may be made except through affidavits, and those affidavits count as a general appearance in the contest.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contests Other than Recount [16440 - 16444] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16444. No special appearance, demurrer or objection may be taken other than by the affidavits which shall be considered a general appearance in the contest. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16460.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This article applies only to election contests where precinct votes were incorrectly counted because of mistake, error, or misconduct and that counting error changed the result.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16460. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16461.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The superior court of the county where the recount precinct is located has jurisdiction over the recount demand.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16461. The superior court of that county in which is located the precinct in which the contestant demands a recount has jurisdiction. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16462.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In an election contest involving a recount, the affidavit must be filed within five days after the official canvass, the county elections official must post a copy, and the contestant must mail and file proof of mailing.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16462. 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. (Amended by Stats. 2025, Ch. 304, Sec. 12. (AB 1513) Effective January 1, 2026.)
16463.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Primary-election candidates may be candidates under this code only if jurisdiction exists under Section 16462.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16463. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16464.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The defendant may file an affidavit within 3 days after the contestant’s affidavit is filed, and the contestant may answer the defendant’s affidavit by the first day of trial.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16464. 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. (Amended by Stats. 2025, Ch. 304, Sec. 13. (AB 1513) Effective January 1, 2026.)
16465.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The defendant must appear at the hearing, in person or through an attorney, at the time and place fixed by the court.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16465. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16466.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In this recount contest article, the defendant cannot make a special appearance except as allowed here, and appearances or court requests by the defendant or attorney count as a general appearance.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16466. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16467.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If the defendant appears, the court must require an answer within three days of the hearing time and place. If the defendant does not appear, the court must note the default and move ahead with the contest promptly.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Form of Contest Statement [16400 - 16467] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Contests Involving a Recount [16460 - 16467] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16467. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16500.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The clerk of the superior court must notify the county superior court of filed contest statements within five days after the filing period ends. The presiding judge must then set the hearing time and place, with the hearing date between 10 and 20 days after the order.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16500. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 58. Effective September 30, 1996.)
16501.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The superior court clerk must issue a citation for the defendant to appear at the time and place set in the order.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16501. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 59. Effective September 30, 1996.)
16502.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The clerk of the superior court must issue witness subpoenas when any party requests them, and the superior court may issue attachments to compel subpoenaed witnesses to attend.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16502. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 60. Effective September 30, 1996.)
16503.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The contestant must pay recount expenses in advance to court each day, and the elections official may use those advanced funds to pay needed clerical assistants.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Contest Procedures at General Elections [16500 - 16503] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16503. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 61. Effective September 30, 1996.)
16540.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contest Procedures at Primary Elections: Involving a Recount [16540- 16540.] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The superior court clerk must submit the contestant and defendant affidavits, plus proof of posting, to the presiding judge on the fifth day after the filing period ends. The judge must then promptly set the hearing time and place, with the hearing scheduled 10 to 20 days after the order.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Elections Official’s Duties [16500 - 16540] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Contest Procedures at Primary Elections: Involving a Recount [16540- 16540.] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16540. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 64. Effective September 30, 1996.)
16600.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The court must meet at the designated time and place to decide the contested election, and it has the powers needed to do so.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16600. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16601.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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At trial, ballots must be opened and recounted in the presence of all parties when the filed statements show a recount is needed to decide the contest.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16601. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16602.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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In election contests, the court must follow applicable rules of law and evidence, and it may dismiss the case if the contest statement is insufficient or there is no prosecution.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16602. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16603.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The court must stay in session to decide issues in contested elections and then issue findings, conclusions, and judgment on a short deadline.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16600 - 16603] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16603. 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. (Amended by Stats. 2003, Ch. 149, Sec. 10. Effective January 1, 2004.)
16620.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections: Contests Other than Recount [16620- 16620.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The court must meet at the time and place set in the order for trial, and it has the powers needed to decide the issues.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections: Contests Other than Recount [16620- 16620.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16620. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16640.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A single-superior-court-judge county judge may get another superior judge’s service if extra judges are needed to decide election contests in time to print ballots.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16640. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16641.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If a recount case is in a county with more than one superior court judge, the assigned judge must tell the presiding judge how many judges are needed, and the presiding judge must quickly appoint that many judges in writing.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16641. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16642.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Designated judges must meet, divide the precincts among themselves, and conduct the recount separately so ballots handled by one judge are not opened before another judge or department.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16642. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16643.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A judge handling a recount must follow the same procedures used in contested elections.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Court’s Duties [16600 - 16643] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Contests Involving a Recount [16640 - 16643] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16643. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16700.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person declared elected by the superior court is entitled to a certificate of election, and the elections official must immediately issue and deliver one if it has not already been issued.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16700. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 65. Effective September 30, 1996.)
16701.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A certificate for the office is annulled by the court’s judgment if the elections official issued it to someone other than the person declared elected, or if the court finds a tie vote in a general election contest.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16701. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16702.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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If a superior court annuls or sets aside an election and no appeal is filed within 10 days, any issued commission is void and the office becomes vacant.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16702. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16703.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Verify source ↗

In an election contest, if someone other than the defendant has the most legal votes, the court must declare that person elected.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16700 - 16703] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16703. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16720.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections: Other than Recount [16720- 16720.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After hearing the parties, the court must file findings of fact and conclusions of law and immediately enter judgment on the nomination contest.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections: Other than Recount [16720- 16720.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16720. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16740.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16740 - 16742] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Verify source ↗

After a recount is completed, the judges who participated must assemble and decide the court’s case. If the judges disagree, a majority decides all questions and issues a separate judgment in each contest.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16740 - 16742] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16740. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16741.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16740 - 16742] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Verify source ↗

A certified copy of the judgment must be served on the elections official, and it may be enforced summarily in the same way as Section 13314.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16740 - 16742] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16741. 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. (Amended by Stats. 1996, Ch. 1143, Sec. 66. Effective September 30, 1996.)
16742.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16740 - 16742] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Verify source ↗

In multi-county contests where the Secretary of State will certify the nominee from election returns, each county judgment must state any needed changes to the Secretary of State’s returns, and certified copies of the judgments must be served on the Secretary of State.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Court’s Decisions, Judgment, and Determinations [16700 - 16742] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16740 - 16742] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16742. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16800.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Verify source ↗

In a general election contest, costs are allocated differently depending on how the case ends.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16800. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16801.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
Verify source ↗

When two or more contested elections are joined to recount votes, the court apportions costs among the parties.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16801. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16802.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Each party is primarily responsible for costs it creates, payable to the entitled officers and witnesses.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16802. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16803.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Costs provisions for contested final elections also apply to primary election contests under this division.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Costs [16800 - 16803] ( Chapter 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16803. The provisions relating to costs in contested final elections apply to primary election contests conducted under this division. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16900.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 10. Appeals [16900 - 16940] ( Chapter 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16900- 16900.] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A party aggrieved by the court’s judgment may appeal to the court of appeal. While the appeal is pending, the person declared elected by the superior court keeps the office until the appeal is finally decided.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 10. Appeals [16900 - 16940] ( Chapter 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Elections [16900- 16900.] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16900. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16920.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 10. Appeals [16900 - 16940] ( Chapter 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections: Other than a Recount [16920- 16920.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Either party to an election contest may appeal to the district court of appeal if the appeal is perfected within 10 days after the superior court judgment is pronounced.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 10. Appeals [16900 - 16940] ( Chapter 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Primary Elections: Other than a Recount [16920- 16920.] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16920. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
16940.
## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 10. Appeals [16900 - 16940] ( Chapter 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16940- 16940.] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The court’s judgment is final, and no party may appeal.

## Elections Code - ELEC ## DIVISION 16. ELECTIONS CONTESTS [16000 - 16940] ( Division 16 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 10. Appeals [16900 - 16940] ( Chapter 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Primary Elections: Involving a Recount [16940- 16940.] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 16940. The judgment of the court is final in every respect. No party may appeal. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
17.
## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The Secretary of State must establish and maintain administrative complaint procedures for election grievances, and may not require exhaustion of those remedies before other state or federal remedies are pursued.

## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17. The Secretary of State shall establish and maintain administrative complaint procedures, pursuant to the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 21112), in order to remedy grievances in the administration of elections. The Secretary of State shall not require that the administrative remedies provided in the complaint procedures established pursuant to this section be exhausted in order to pursue any other remedies provided by state or federal law. (Amended by Stats. 2016, Ch. 86, Sec. 81. (SB 1171) Effective January 1, 2017.)
17000.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Affidavits of Registration and Voter Registration Indexes [17000 - 17001] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep canceled original affidavits of registration for five years, and may then destroy them. The official may also record them by filming or another suitable method instead of keeping the originals, and then destroy the affidavit after the first general election following cancellation.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Affidavits of Registration and Voter Registration Indexes [17000 - 17001] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17000. (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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
17001.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Affidavits of Registration and Voter Registration Indexes [17000 - 17001] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep a copy of the Section 2183 roster on file as a public record for five years.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Affidavits of Registration and Voter Registration Indexes [17000 - 17001] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17001. 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. (Amended by Stats. 2017, Ch. 806, Sec. 78. (SB 286) Effective January 1, 2018.)
17100.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Nomination Documents [17100- 17100.] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Nomination documents and related petitions must be kept by the filing officer during the term of office and for four years after it ends, then destroyed unless an exception applies. Public access is limited to viewing only, and voters’ signatures may not be copied or distributed.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Nomination Documents [17100- 17100.] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17100. (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. (Amended by Stats. 2004, Ch. 785, Sec. 12. Effective January 1, 2005.)
17200.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Initiative and Referendum Petitions [17200- 17200.] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Election officials must keep initiative and referendum petitions for a set period, then destroy them unless an exception applies.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Initiative and Referendum Petitions [17200- 17200.] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17200. (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. (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.)
17300.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep rosters and voter lists for five years after the election, with limited alternatives for electronic or filmed records.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17300. (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. (Amended by Stats. 2021, Ch. 100, Sec. 4. (AB 1591) Effective January 1, 2022.)
17301.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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For certain federal elections, the elections official must keep specified ballot packages unopened and unaltered for 22 months, then destroy or recycle them if no qualifying contest or criminal prosecution begins in that period.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17301. (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. (Amended by Stats. 2024, Ch. 605, Sec. 6. (SB 1328) Effective September 25, 2024.)
17302.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep specified election packages unopened and unaltered for six months, then destroy or recycle them if no qualifying contest or criminal prosecution starts in time.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17302. (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. (Amended by Stats. 2024, Ch. 605, Sec. 7. (SB 1328) Effective September 25, 2024.)
17303.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep certain election packages for 22 months, and voters may inspect them after the official canvass begins.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17303. (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. (Amended by Stats. 2021, Ch. 100, Sec. 5. (AB 1591) Effective January 1, 2022.)
17304.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep certain election packages for six months, and all voters may inspect them after the official canvass begins, but signature-bearing items cannot be copied or distributed.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17304. (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. (Amended by Stats. 2017, Ch. 806, Sec. 81. (SB 286) Effective January 1, 2018.)
17305.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep specified election items for 22 months after the election, unless an unresolved contest lasts longer, and the official decides their final disposition.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17305. (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. (Amended by Stats. 2024, Ch. 605, Sec. 8. (SB 1328) Effective September 25, 2024.)
17306.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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For covered state or local elections, the elections official must keep certain listed items for six months after the election, or longer if a contest is still unresolved, and the official controls their final disposition.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Precinct Supplies and Ballots [17300 - 17306] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17306. (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. (Amended by Stats. 2024, Ch. 605, Sec. 9. (SB 1328) Effective September 25, 2024.)
17400.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Recall Petitions [17400- 17400.] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep recall petitions for eight months, then destroy them unless an exception applies, and public access is restricted.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Recall Petitions [17400- 17400.] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17400. (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. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 101) by Stats. 2022, Ch. 166, Sec. 5. (AB 2967) Effective January 1, 2023.)
17501.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After each general election, the county elections official must file precinct map copies with the Secretary of State, unless there is no change in the maps and a written statement is submitted instead. The Secretary of State must keep the copies for 12 years and make them available for examination on request.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17501. 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
17502.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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For certain federal elections, the elections official must keep records showing the appointment of precinct officials for 22 months after the election.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17502. (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. (Amended by Stats. 2003, Ch. 810, Sec. 23. Effective January 1, 2004.)
17503.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep records about precinct officials’ appointments for six months after an election, and the section applies to certain state or local elections.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17503. (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. (Amended by Stats. 2003, Ch. 810, Sec. 24. Effective January 1, 2004.)
17506.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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The elections official must keep the list of new resident voters who vote under the cited chapter for 22 months after the election.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Miscellaneous Provisions [17501 - 17506] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 17506. (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. (Amended by Stats. 2024, Ch. 109, Sec. 11. (AB 2582) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)
17600.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. )
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This section defines key terms used in the chapter on preserving electronic election data.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. ) ## 17600. 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. (Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)
17601.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. )
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For certain federal elections, the elections official must keep specified electronic election data on electronic media, unchanged, for 22 months after the election, and may have backups destroyed if no qualifying contest or criminal prosecution is started within that period.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. ) ## 17601. (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. (Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)
17602.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. )
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The elections official must keep specified election electronic data on electronic media, unaltered, for six months after the election, and must destroy backups if no qualifying contest or criminal prosecution is started within that period.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. ) ## 17602. (a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17601. 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 following data shall be kept by the elections official, on electronic media, stored and unaltered, for six 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, if applicable. (c) If a contest is not commenced within the six-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 six-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. (Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)
17603.
## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. )
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Certified voting technology at end of life may be securely disposed of or destroyed only with written approval from the manufacturer and the Secretary of State. If chain of custody is compromised or security/information is breached or attempted to be breached, the equipment must be reported within 24 hours, removed from service immediately if possible, and evaluated for restoration and reinstatement.

## Elections Code - ELEC ## DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS [17000 - 17603] ( Division 17 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Preservation of Electronic Data [17600 - 17603] ( Chapter 7 added by Stats. 2024, Ch. 605, Sec. 10. ) ## 17603. (a) Certified voting technology equipment and components that are at the end of lifecycle may be securely disposed of or destroyed with the written approval of the manufacturer and the Secretary of State. (b) With respect to any part or component of certified voting technology for which the chain of custody has been compromised or the security or information has been breached or attempted to be breached, all of the following shall occur: (1) The chief elections official of the city, county, or special district and the Secretary of State shall be notified within 24 hours of discovery. (2) The equipment shall be removed from service immediately and replaced if possible. (3) The integrity and reliability of the certified voting technology system, components, and accompanying electronic data shall be evaluated to determine whether they can be restored to their original state and reinstated. (Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)
18000.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [18000 - 18002] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This division applies to all elections.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [18000 - 18002] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18000. This division applies to all elections. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
18001.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [18000 - 18002] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After a conviction for a crime punishable by jail or prison, if no fine is otherwise prescribed, the court may add a fine to the imprisonment.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [18000 - 18002] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18001. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or up to twenty-five thousand dollars ($25,000) in cases of felonies, in addition to the imprisonment prescribed. (Amended by Stats. 2012, Ch. 497, Sec. 4. (AB 1436) Effective January 1, 2013.)
18002.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [18000 - 18002] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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People responsible for election-law duties must perform them and must not willfully neglect, refuse, or fraudulently violate those duties; violations can be punished by fines or imprisonment.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. General Provisions [18000 - 18002] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18002. (a) Every person charged with the performance of any duty under any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in the person’s official capacity, knowingly and fraudulently acts in contravention or violation of any of those laws, is, unless a different punishment is prescribed by this code, punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment. (b) This section does not apply to Chapters 1 (commencing with Section 6900) and 1.2 (commencing with Section 6911) of Part 2 of Division 6. (Amended by Stats. 2022, Ch. 216, Sec. 15. (SB 103) Effective January 1, 2023.)
18100.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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People who knowingly help register someone who is not entitled to register, or who sign and send a registration affidavit for a nonexistent person, can be punished with jail or prison.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18100. (a) Every person who willfully causes, procures, or allows himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year. (b) Every person who knowingly and willfully signs, or causes or procures the signing of, an affidavit of registration of a nonexistent person, and who mails or delivers, or causes or procures the mailing or delivery of, that affidavit to a county elections official is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year. For purposes of this subdivision, “nonexistent person” includes, but is not limited to, deceased persons, animals, and inanimate objects. (Amended by Stats. 2011, Ch. 15, Sec. 58. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18101.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who knowingly and willfully falsifies or helps falsify voter registration paperwork to register someone who did not request registration, or a fictitious person, commits a crime.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18101. Every person who knowingly and willfully completes, or causes or procures the completion of, in whole or in part, an affidavit of registration or a voter registration card, with the intent to cause the registration or reregistration as a voter of a fictitious person or of any person who has not requested registration or reregistration as a voter, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year. (Amended by Stats. 2011, Ch. 15, Sec. 59. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18102.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A deputy elections official or registration elections official who knowingly registers certain ineligible or false registrants can be punished with imprisonment.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18102. Any deputy elections official or registration elections official who knowingly registers a nonexistent person, knowingly registers a person under a false name or address, or knowingly registers a person who is ineligible to register is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year. (Amended by Stats. 2011, Ch. 15, Sec. 60. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18103.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who knowingly or negligently interferes with registration transfer, keeps a voter’s completed registration card too long without authorization, or blocks the voter from returning it to the county elections official commits a misdemeanor, punishable by a fine up to $1,000.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18103. Any person who knowingly or negligently (a) interferes with the prompt transfer of a completed affidavit of registration to the county elections official, (b) retains a voter’s completed registration card, without the voter’s authorization, for more than three days, excluding Saturdays, Sundays, and state holidays, or after the close of registration, or (c) denies a voter the right to return to the county elections official the voter’s own completed registration card, is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
18104.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person or organization in charge of registration affidavits commits a misdemeanor if they knowingly fail to return them. The county elections official must report such names under oath to the county district attorney, who must take appropriate civil or criminal action.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18104. An individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2138) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of all individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action. (Amended by Stats. 2020, Ch. 106, Sec. 5. (AB 3370) Effective January 1, 2021.)
18105.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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No one other than the registrant may add support or opposition statements to an affidavit of registration or voter registration card; violating this section is a misdemeanor.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18105. No affidavit of registration or voter registration card shall contain, and no person other than the registrant shall write on or affix thereto, or cause to be written on or affixed thereto, any statement urging or indicating support or opposition to any candidate or measure. Any person who violates this section is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
18106.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person may be imprisoned if they intentionally, without the affiant’s consent, interfere with the affiant’s party affiliation declaration in a registration affidavit.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18106. Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year who, without the specific consent of the affiant, willfully and with the intent to affect the affiant’s voting rights, causes, procures, or allows the completion, alteration, or defacement of the affiant’s party affiliation declaration contained in an executed, or partially executed, affidavit of registration pursuant to paragraph (8) of subdivision (a) of Section 2150 and Section 2151. This section shall not apply to a county elections official carrying out his or her official duties. (Amended by Stats. 2012, Ch. 162, Sec. 47. (SB 1171) Effective January 1, 2013.)
18107.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who willfully violates Section 2158 commits an infraction and may be fined up to $200.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18107. Every person who willfully violates Section 2158 is guilty of an infraction, punishable by a fine not to exceed two hundred dollars ($200). (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
18107.5.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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It is a crime for a person to knowingly or willfully pay or offer money or other valuable consideration to induce someone to vote or register to vote, or to make payment depend on whether they voted or registered.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration to another person with the intent to induce the person to vote or to register to vote, or where the payment is contingent upon whether the person voted or the person’s voter registration status, is guilty of a crime. (2) For purposes of paragraph (1), “other valuable consideration” includes, but is not limited to, a chance to win a lottery or similar prize-drawing contest. (3) This section does not apply to any of the following: (A) Transportation to or from a voting location. (B) Compensation provided to an individual by a governmental entity. (C) Granting time off to an employee to vote. (b) A violation of subdivision (a) shall be punishable by a fine of up to ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (Added by Stats. 2025, Ch. 246, Sec. 1. (SB 398) Effective January 1, 2026.)
18108.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person paid to help someone register to vote by receiving the completed registration affidavit must comply with Section 2159; otherwise, misdemeanor and penalty provisions apply, with an exception for certain public agencies and their employees.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18108. (a) Except as provided in subdivision (c), a person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, and fails to comply with Section 2159, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months or if the failure to comply is found to be willful, not exceeding one year, or both. (b) A person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, upon a third or subsequent conviction, on charges brought and separately tried, for failure to comply with Section 2159 shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not to exceed one year, or both. (c) This section does not apply to a public agency or its employees that is designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), if an elector asks for assistance to register to vote during the course and scope of the agency’s normal business. (Amended by Stats. 2016, Ch. 86, Sec. 123. (SB 1171) Effective January 1, 2017.)
18108.1.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who is paid to help someone register to vote commits a misdemeanor if they knowingly claim on a registration form that they helped register the person, unless subdivision (c) applies.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18108.1. (a) Except as provided in subdivision (c), a person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, and knowingly misrepresents himself or herself as having helped register another to vote on a registration form, pursuant to Section 2159, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (b) A person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, upon a third or subsequent conviction, on charges brought and separately tried, for misrepresenting himself or herself as having helped register another to vote on a registration form, pursuant to Section 2159, shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not to exceed one year, or by both the fine and imprisonment. (c) This section does not apply to a public agency or its employees that is designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), if an elector asks for assistance to register to vote during the course and scope of the agency’s normal business. (Amended by Stats. 2016, Ch. 86, Sec. 124. (SB 1171) Effective January 1, 2017.)
18108.5.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person or organization that pays someone to assist voter registration must comply with Section 2159.5, or face misdemeanor penalties.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18108.5. (a) A person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration, or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, who fails to comply with Section 2159.5, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months or when the failure to comply is found to be willful, not exceeding one year, or both. (b) A person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration, or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, upon a third or subsequent conviction, on charges brought and separately tried, for failure to comply with Section 2159.5 shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not to exceed one year, or both. (c) An elections official shall notify a person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, that three or more affidavits of registration submitted by a person who assisted another to register to vote do not comply with Sections 18100, 18101, 18103, or 18106. The elections official may forward a copy of each of the noncomplying affidavits of registration to the district attorney, who may make a determination whether probable cause exists to believe that a violation of law has occurred. (d) This section shall not apply to a public agency or its employees that is designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), when an elector asks for assistance to register to vote during the course and scope of the agency’s normal business. (Amended by Stats. 2015, Ch. 732, Sec. 33. (AB 1536) Effective January 1, 2016.)
18109.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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Using certain voter-registration-related information for unauthorized purposes is a misdemeanor, and acquiring or using voter registration information from the Secretary of State or a county elections official requires compliance with Section 2188.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18109. (a) It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of this code or Section 7924.000 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law. (b) It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188. (Amended by Stats. 2021, Ch. 615, Sec. 102. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
18110.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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This section defines “home address” and makes it a crime for any person or public entity to disclose certain voters’ home addresses or telephone numbers from voter registration cards in violation of Section 2194.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18110. (a) For purposes of this section, “home address” means only street address and does not include an individual’s city or post office address. (b) Any person or public entity who, in violation of Section 2194, discloses the home address or telephone number listed on a voter registration card of any of the following individuals is guilty of a misdemeanor: (1) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (2) An employee of a city police department or a county sheriff’s office. (3) The spouse or children of the individuals specified in paragraphs (1) and (2) who live with those individuals. (c) Any person or public entity, who in violation of Section 2194, discloses the home address or telephone number listed on a voter registration card of any individual specified in paragraph (1), (2), or (3) of subdivision (b), and that violation results in bodily injury to any of those individuals, is guilty of a felony. (Added by Stats. 1994, Ch. 1207, Sec. 9. Effective January 1, 1995.)
18111.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person, individual, or organization that knowingly violates Section 2138.5 commits an infraction and may be fined up to $500.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18111. Any person, individual, or organization that knowingly violates Section 2138.5 is guilty of an infraction, punishable by a fine not to exceed five hundred dollars ($500). Prosecution for a violation of Section 2138.5 shall not prohibit prosecution under any other applicable provision of law. (Added by Stats. 2007, Ch. 305, Sec. 2. Effective January 1, 2008.)
18112.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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After a conviction for violating this chapter, the court may make probation include a ban on the convicted person receiving money or other valuable consideration for helping someone register to vote by taking the completed registration affidavit.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Voter Registration [18100 - 18112] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18112. Upon conviction of a violation of any provision of this chapter, the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for assisting another person to register to vote by receiving the completed affidavit of registration. (Added by Stats. 2010, Ch. 372, Sec. 1. (AB 2101) Effective January 1, 2011.)
18200.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person must not use a fictitious name, another person’s name, or cause someone else to use a fictitious name on a nomination petition.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18200. Every person who subscribes to any nomination petition a fictitious name, or who intentionally subscribes thereto the name of another, or who causes another to subscribe a fictitious name to a nomination petition, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 62. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18201.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who falsely makes, fraudulently defaces, or destroys any part of a nomination paper can be fined, imprisoned, or both.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18201. Any person who falsely makes or fraudulently defaces or destroys all or any part of a nomination paper, is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 63. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18202.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person acting for a candidate must timely file any nomination paper or declaration of candidacy in their possession that is eligible to be filed under this code; deliberate failure is a misdemeanor.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18202. Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any nomination paper or declaration of candidacy in his or her possession that is entitled to be filed under this code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
18203.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who knowingly files a false nomination paper or declaration of candidacy can be fined, imprisoned, or both.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18203. Any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 64. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18204.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who willfully suppresses any part of a nomination paper or declaration of candidacy, before or after filing, can be fined, imprisoned, or both.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18204. Any person who willfully suppresses all or any part of a nomination paper or declaration of candidacy either before or after filing is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 65. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18205.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person must not pay, offer, solicit, receive, or arrange money or other valuable consideration to induce someone not to become or to withdraw as a candidate for public office.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Nomination of Candidates [18200 - 18205] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18205. A person shall not directly or through any other person advance, pay, solicit, or receive or cause to be advanced, paid, solicited, or received, any money or other valuable consideration to or for the use of any person in order to induce a person not to become or to withdraw as a candidate for public office. Violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 66. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
18301.
## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
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A person who prints or duplicates certain simulated election materials without the required statement, or who uses an official seal or insignia in violation of Section 20009, is guilty of a misdemeanor.

## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18301. In addition to any other penalty, a person who prints or otherwise duplicates, or causes to be printed or duplicated, a simulated ballot or simulated county voter information guide that does not contain the statement required by Section 20009, or that uses an official seal or insignia in violation of Section 20009, is guilty of a misdemeanor. (Amended by Stats. 2016, Ch. 422, Sec. 79. (AB 2911) Effective January 1, 2017.)

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