Elections Code, 1994

Precinct board members must count votes for each person and for and against each measure using the method stated here.

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.

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.

A precinct board member may tally votes only as this article allows and only on the provided tally sheets.

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.

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.

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.

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.

This chapter applies to all elections.

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.

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.

If precinct returns are incomplete, ambiguous, unauthenticated, or otherwise defective, the elections official may issue subpoenas and have precinct board members appear under oath.

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.

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.

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.

An elections official must finish counting ballots and release the vote count by the 13th day after the election, except for listed ballot types.

Vote-by-mail ballots and mail ballot precinct ballots that meet the listed conditions must be processed and counted during the official canvass.

For certain statewide and vacancy-filling elections, vote-by-mail and polling-place votes must be tabulated by precinct.

Most voters may write any candidate’s name on the ballot, except in a voter-nominated office at a general election.

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.

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.

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.

Provisional ballots cast under Section 14310 must be processed and counted under Chapter 2 and the requirements of Sections 14310 and 14311.

During the official canvass, the elections official must conduct a public manual tally and publish notice and results details for it.

After ballots are counted and sealed, the elections official may not open them unless another section allows it or there is a recount.

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.

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.

When ballots are counted under this article, the vote result must be shown by precinct.

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.

The elections official must send election results to the Secretary of State within set deadlines.

The elections official must deliver a duplicate of the certified vote result statement to each party’s county central committee chairperson.

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.

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.

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.

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.

A plurality of votes at an election is a choice unless the California Constitution says otherwise.

Nominees for a voter-nominated office must be determined under Section 8141.5 and subdivision (b) of Section 8142.

In most elections, the person with a plurality of votes for an office is elected or nominated to that office, subject to listed exceptions.

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.

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.

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.

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.

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.

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.

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.

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.

The Secretary of State must issue and deliver, or mail, a certificate of election or nomination to each person elected or nominated.

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.

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.

When an elections official receives election records and supplies, they must dispose of them as required by this chapter.

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.

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.

This chapter applies to all elections, except where the chapter itself says otherwise.

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.

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.

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.

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.

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.

A recount request may set the order for recounting votes by precinct or by the batch in which ballots were scanned.

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.

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.

Recounts must be supervised by the elections official, who must convene special recount boards; the requester must pay the county for each board member.

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.

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.

Before a recount starts, the elections official must post notice of the recount date and place and notify specified people by approved delivery methods.

The recount must be conducted publicly.

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.

During a recount, ballots may be challenged for incompleteness, ambiguity, or other defects, and the challenge must follow the stated procedure.

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.

The elections official must post recount results within one day after the recount ends and notify specified people about the results.

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.

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.

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.

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.

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.

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.

Most of Article 3 applies to this article, except specified sections and any contrary provision in this article.

The Secretary of State may make, change, or отменate rules and regulations needed to administer this article.

A county elections official must conduct a recount under this article only if funds have been appropriated for that purpose.

This article does not apply to primary elections.

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.

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.

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.

If there is a tie for the highest vote total for Governor or Lieutenant Governor, the Legislature must choose one of the tied persons.

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.

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.

For certain multi-county nonjudicial and nonschool tie votes, the Secretary of State must summon the tied candidates and decide the tie by lot.

The summons for this article must be mailed to the candidate’s registration address at least 5 days before the tie vote is determined.

This section says the Legislature enacted the chapter to guide interpretation of Section 2.5 of Article II of the California Constitution.

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.

This section defines “vote” broadly for a constitutional provision.

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.

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.

This section defines “contestant” and “defendant” for election contests.

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.

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.

A candidate at a primary election may file an affidavit to contest another candidate’s nomination to the same office on listed grounds.

This chapter does not apply to elections for California State Senator or Member of the Assembly.

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.

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.

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.

An election cannot be set aside for voter-denial claims unless enough voters were denied the right to vote to change the result.

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.

An elector contesting an election must file a written statement with the clerk of the superior court having jurisdiction.

The contestant must verify the statement of contest and file it within the applicable deadline after the election result is declared.

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.

An election cannot be set aside for denied voting rights unless enough voters were denied the right to vote to change the result.

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.

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.

The defendant must be named in the affidavit.

The affidavit must be filed with the clerk of the superior court having jurisdiction within five days after the official canvass is completed.

This article applies only to certain election contests based on specific grounds.

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.

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.

The defendant may file an answer and a cross-contest affidavit within five days after receiving the affidavit copy.

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.

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.

The superior court of the county where the recount precinct is located has jurisdiction over the recount demand.

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.

Primary-election candidates may be candidates under this code only if jurisdiction exists under Section 16462.

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.

The defendant must appear at the hearing, in person or through an attorney, at the time and place fixed by the court.

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.

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.

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.

The superior court clerk must issue a citation for the defendant to appear at the time and place set in the order.

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.

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.

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.

The court must meet at the designated time and place to decide the contested election, and it has the powers needed to do so.

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.

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.

The court must stay in session to decide issues in contested elections and then issue findings, conclusions, and judgment on a short deadline.

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.

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.

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.

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.

A judge handling a recount must follow the same procedures used in contested elections.

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.

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.

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.

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

After hearing the parties, the court must file findings of fact and conclusions of law and immediately enter judgment on the nomination contest.

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.

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.

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.

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

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

Each party is primarily responsible for costs it creates, payable to the entitled officers and witnesses.

Costs provisions for contested final elections also apply to primary election contests under this division.

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.

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.

The court’s judgment is final, and no party may appeal.

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.

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.

The elections official must keep a copy of the Section 2183 roster on file as a public record for five years.

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.

Election officials must keep initiative and referendum petitions for a set period, then destroy them unless an exception applies.

The elections official must keep rosters and voter lists for five years after the election, with limited alternatives for electronic or filmed records.

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.

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.

The elections official must keep certain election packages for 22 months, and voters may inspect them after the official canvass begins.

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.

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.

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.

The elections official must keep recall petitions for eight months, then destroy them unless an exception applies, and public access is restricted.

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.

For certain federal elections, the elections official must keep records showing the appointment of precinct officials for 22 months after the election.

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.

The elections official must keep the list of new resident voters who vote under the cited chapter for 22 months after the election.

This section defines key terms used in the chapter on preserving electronic election data.

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.

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.

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.

This division applies to all elections.

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.

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.

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.

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.

A deputy elections official or registration elections official who knowingly registers certain ineligible or false registrants can be punished with imprisonment.

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.

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.

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.

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.

A person who willfully violates Section 2158 commits an infraction and may be fined up to $200.

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.

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.

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.

A person or organization that pays someone to assist voter registration must comply with Section 2159.5, or face misdemeanor penalties.

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.

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.

A person, individual, or organization that knowingly violates Section 2138.5 commits an infraction and may be fined up to $500.

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.

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.

A person who falsely makes, fraudulently defaces, or destroys any part of a nomination paper can be fined, imprisoned, or both.

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.

A person who knowingly files a false nomination paper or declaration of candidacy can be fined, imprisoned, or both.

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.

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.

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.