reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4 - Ballot Printing › Article 8 - Jurisdiction Approval for Use of a Ballot on Demand System › Section 20275 - Revocation of Approval for Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Approval to use the ballot on demand system is valid until
					 revoked by the Secretary of State. The Secretary of State will revoke an
					 approval at any time upon determining that the jurisdiction has failed to
					 comply with the approved procedures for use and/or these regulations without
					 good cause as determined by the Secretary of State.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						13004,
						Elections Code. Reference: Section
						13004,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4 - Ballot Printing › Article 8 - Jurisdiction Approval for Use of a Ballot on Demand System › Section 20276 - Inspection of Jurisdiction Approved for Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To ensure compliance with these regulations, the Secretary
					 of State may inspect, with or without prior notice, the procedures, logs, and
					 equipment, as specified in the approved application, of each approved
					 jurisdiction as the Secretary of State deems necessary.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						13004,
						Elections Code. Reference: Section
						13004,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4 - Ballot Printing › Article 8 - Jurisdiction Approval for Use of a Ballot on Demand System › Section 20277 - Ballot on Demand Audit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any ballot on demand system to be used for the batch
					 printing of ballots shall contain a ballot audit system. The ballot audit
					 system shall have a mechanism to perform a verification check of content,
					 including precinct, ballot style and ballot type on the ballot card against
					 content being submitted through the ballot on demand and/or election management
					 system to validate that the correct ballot card was printed as submitted by the
					 ballot on demand system.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						13004,
						Elections Code. Reference: Section
						13004,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4 - Ballot Printing › Article 8 - Jurisdiction Approval for Use of a Ballot on Demand System › Section 20278 - Ballot Images Encrypted, Secured, and Transmitted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Electronic ballot images utilized by the ballot on demand
					 system must be encrypted.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						13004,
						Elections Code. Reference: Section
						13004,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4 - Ballot Printing › Article 8 - Jurisdiction Approval for Use of a Ballot on Demand System › Section 20279 - Testing Ballot Cards Produced by Ballot on Demand System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
During the testing of ballot tabulating devices pursuant to
					 Elections Code section
					 15000,
					 jurisdictions approved to use a ballot on demand system shall produce test
					 ballots printed from its ballot on demand system to establish that the ballot
					 on demand system is configured, calibrated, and performing as intended. Those
					 test ballots printed from the ballot on demand system shall be scanned,
					 tabulated, and the accuracy verified on each type of voting system component to
					 be used in the specific election.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						13004,
						Elections Code. Reference: Section
						13004,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4 - Ballot Printing › Article 9 - Tint and Watermark Assignment › Section 20280 - Requesting a Tint and Watermark Assignment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any jurisdiction holding an election,
				  shall request ballot tint and watermark from the Secretary of State in
				  accordance with section
				  13002 of
				  the Elections Code. The request must be made in writing to the Secretary of
				  State and contain the following information:
(1) The name of the jurisdiction conducting
				  the election.
(2) The date of the
				  election;
(3) The title of the
				  election;
(4) The date of the close
				  of candidate filing for the election, if applicable; and
(5) The date on which the ballot order
				  designation will be determined by a randomized alphabet drawing for the
				  election, if applicable.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.5 - Uniform Vote Counting Standards › Section 20280.1 - Purpose of This Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Chapter is to provide standards to define
				  the circumstances under which "marking" of a ballot constitutes a vote and when
				  a vote will or will not count in California.
Note: Authority cited: Section
					 12172.5,
					 Government Code. Reference: 52 U.S.C.
					 21081(a)(6); and Section
					 12172.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.5 - Uniform Vote Counting Standards › Section 20281 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Chapter, the following words have the
				  following meanings:
(a) A "blank
				ballot" is a ballot on which the voter has made no marks in any voting position
				target.
(b) "Candidate" means a
				person who is seeking nomination or election to a specified office and who
				either has met the legal requirements to have their name printed on the ballot
				or is eligible to have their name written in on the ballot and counted as the
				voter's choice for the contest.
(c)
				A "damaged ballot" is a ballot that has been torn, bent, or otherwise mutilated
				or rendered unreadable such that it cannot be processed by the ballot
				tabulating equipment designed for use with the ballot.
(d) A "duplicated ballot" is a ballot which
				is a true copy of the originally cast ballot. It is created when damage,
				improper marking or some other action/defect prevents the original ballot from
				being read by a ballot tabulating machine and is used to properly process and
				count the votes originally cast by the voter. A duplicated ballot also is
				necessary for a ballot cast using a remote accessible vote-by-mail
				ballot.
(e) A "listed candidate" is
				a candidate whose name appears on the ballot at the time the voter received the
				ballot, as opposed to a write-in candidate.
(f) A "measure" is a ballot proposition,
				which appears on a ballot and requires voter action in order to enact or reject
				a proposed law.
(g) An "overvote"
				occurs when a voter marks more than the maximum number of voting position
				targets allowed in the contest.
(h)
				"Personal information" shall have the meaning set forth in Elections Code
				section 14287.
(i) An "undervote"
				occurs when a voter marks less than the maximum number of voting position
				targets allowed in a contest.
(j) A
				"voting position target" refers to that area of the ballot adjacent to each
				candidate or measure, or that area of the ballot, specifically designated to
				record the voter's choice for that contest. The term applies to all types of
				voting position targets on ballots, regardless of what form they may take,
				including, but not limited to, rectangle, oval, circle, square, hole punch,
				cross punch, slotting and open arrow.
Note: Authority cited: Section
					 12172.5,
					 Government Code. Reference: 52 U.S.C.
					 21081(a)(6); Sections
					 303.3,
					 14287 and
					 15210,
					 Elections Code; and Section
					 12172.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.5 - Uniform Vote Counting Standards › Section 20282 - General Vote Counting Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following general standards shall apply in the counting
				  of all ballots and votes regardless of the vote tabulation method used, for the
				  initial count, 1 percent manual tally, and any recount.
(a) A ballot that is not marked as provided
				by law must be segregated and counted in the manner directed by the elections
				official and as required by law. Any ballot that contains personal information,
				or that is torn, bent, or mutilated shall be segregated as directed by the
				elections official and a duplicate ballot shall be prepared pursuant to
				Elections Code section 15210. A ballot that contains marks or markings not
				related to an indication of the vote choice for a contest and that are not
				personal information shall be counted. Duplication is not required unless the
				ballot contains personal information, or the condition of the ballot or
				markings on the ballot interfere with the ability of the vote tabulation
				equipment to tally the ballot.
(b)
				A vote for any candidate or ballot measure shall not be rejected solely because
				the voter failed to follow instructions for marking the ballot. If, for any
				reason, it is impossible to determine the choice of the voter for any candidate
				or ballot measure, the vote for that candidate or ballot measure shall be
				considered void.
(c) A mark is
				considered valid when it is clear that it represents the voter's choice and is
				the technique consistently used by the voter to indicate their selections.
(1) Such marks may include, but are not
				limited to, properly filled-in voting position targets, checkmarks, X's,
				circles, arrows, or any other clear indication of the voter's choice, such as
				the word "yes" next to a candidate's name or a voting position target for a
				ballot measure.
(2) Conversely, a
				mark crossed out by the voter, or the word "no" next to a candidate's name or a
				voting position target for a ballot measure shall not be considered to be a
				valid vote but will, instead, be deemed an indication that the voter did not
				choose to cast a vote for that candidate or measure.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.5 - Uniform Vote Counting Standards › Section 20284 - Other Paper Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A paper
				ballot shall be subject to the standards in the section applicable to the
				voting system on which it is processed.
(b) When paper ballots, or voting responses
				on paper other than a ballot, are counted by manual tally, the provisions of
				Title 2, Division 7, Chapter 4.6 of the California Code of Regulations shall
				apply.
Note: Authority cited: Section
					 12172.5,
					 Government Code. Reference: 52 U.S.C.
					 21081(a)(6); and Section
					 12172.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20296 - Purpose of This Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Chapter is to provide standards and
				  requirements for conducting a manual tally of votes cast by voters.
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15270.2,
					 Elections Code. Reference: Sections
					 15270,
					 15270.1 and
					 15270.3,
					 Elections Code; and Section
					 12172.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20297 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Chapter, the following words have the
				  following meanings:
(a) A "manual
				tally" is the process of counting the votes cast by voters by hand-to-eye,
				human interpretation of voter markings from the corresponding ballot, under the
				provisions of Chapter 4.5. As used in this Chapter, "manual tally" has the same
				meaning as "manual count" and "manual vote count" as those terms are used in
				Elections Code sections 15270.1 and 15270.3.
(b) "Chain of Custody" means a process used
				to track the movement and control of all election materials related to the
				conduct of a manual tally through its lifecycle by documenting each person and
				organization who handles the manual tally election materials, 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 manual
				tally election materials is uncertain and during which actions taken with the
				manual tally elections materials are unaccounted for or unconfirmed.
(c) A "counting board" is the group(s) of
				individuals appointed by the elections official pursuant to Elections Code
				sections 339, 15205, 15207, and 15290 to participate in the conduct of the
				manual tally of votes cast.
(d) A
				"cumulating board" is the group(s) of county election employees appointed by
				the elections official to participate in the conduct of the manual tally of
				votes cast to compile the total results from the counting boards for each
				contest.
(e) A "hash mark" refers
				to a tally mark, which is a form of numeral used for counting.
(f) "Qualified political party" means a
				political party qualified pursuant to Elections Code, Division 5 of the
				California Elections Code.
Note: Authority cited: Section 12172.5, Government Code;
					 and Section 15270.2, Elections Code. Reference: Sections 338, 339, 15102,
					 15205, 15207, 15270, 15270.1 and 15270.3, Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20298 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				elections official may conduct a manual tally of the ballots voted in an
				election by utilizing one or more of the following methods:
(1) A full manual tally, which counts all
				contests on the ballot, at a county designated central return location(s)
				pursuant to Elections Code section
				15270.1;
(A) For any election consolidated pursuant to
				Division 1 or Division 10 of the Elections Code, the registered voters who are
				eligible to participate in that election for the purpose of Elections Code
				section
				15270.1(b)(1) and
				(2) shall include all eligible voters for the
				consolidated election.
(B) For any
				election not voted for wholly within one jurisdiction, the registered voters
				who are eligible to participate in that election for the purpose of Elections
				Code section
				15270.1(b)(1) and
				(2) shall include all eligible voters for the
				entire contest.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20299 - Manual Tally Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				conducting a manual tally pursuant to paragraph (1) of subsection (a) of
				section 20298 the elections official shall submit a Manual Tally Plan to the
				Secretary of State no later than 80 calendar days prior to the date of the
				election.
(b) The Secretary of
				State shall approve or reject the Manual Tally Plan, no later than 70 calendar
				days prior to the date of the election.
(c) The Secretary of State shall reject a
				Manual Tally Plan if:
(1) It is missing any of
				the specified requirements listed below in subsection (f).
(2) The provided requirements lack sufficient
				detail to fully describe each element listed below in subsection (f).
(3) Any element of the Manual Tally Plan does
				not comply with state or federal law.
(4) The Manual Tally Plan is insufficient to
				ensure that the elections official will be able to comply with state or federal
				law.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20300 - Counting Boards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				conducting a manual tally pursuant to paragraph (1) or (4) of subsection (a) of
				section 20298, the elections official shall establish a sufficient number of
				counting boards to conduct the manual tally.
(b) For each contest (i.e., office or
				proposition) to be counted, the counting board shall consist of no less than
				four individuals and be bipartisan in composition, to include representation
				from more than one qualified political party and representation from voters
				with no party preference, if feasible.
(c) The individuals appointed to each
				counting board shall meet the same general provisions and qualifications of a
				precinct board member as outlined in Elections Code sections
				12300-
				12303,
				15205,
				15207, and
				15290. The
				appointment of counting boards shall comply with all applicable:
(1) County ordinances, codes, and policies;
				and
(2) State and federal
				laws.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20301 - Manual Tally Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				conducting a manual tally pursuant to paragraph (1) or (4) of subsection (a) of
				section 20298, the elections official shall prescribe and provide the forms for
				tallying the results of the manual tally. The manual tally form shall contain
				all the following:
(1) The title of the
				election and date on which the election was conducted.
(2) Name of jurisdiction conducting the
				election and manual tally of votes.
(3) The precinct, serialized ballot numbers,
				and ballot stack number.
(4) For a
				presidential primary election, the manual tally form must distinguish between
				qualified political party ballots and nonpartisan ballots, which each type of
				ballot must be tallied separately.
(5) The name of each candidate, including any
				qualified write-in candidates, voted for and the specific office for which each
				candidate is voted for. The offices shall be listed on the tally form in the
				same order as they appear on the ballot.
(6) A list of each measure being voted upon
				in the same order as the ballot type being tallied.
(7) Sufficient space to permit the tallying
				of no more than 100 ballots per stack, including the full vote cast for each
				candidate and for and against each measure, per assigned stack of
				ballots.
(8) Sufficient space to
				permit the tallying of no more than 100 ballots per stack, including all
				undervotes and overvotes cast for each candidate and for and against each
				measure.
(9) A certificate of
				performance to be filled in upon completion of the each assigned ballot stack,
				which includes space for the printed and signed names of each counting board
				member, their designated role, and the date and time signed.
(10) Designated space for the manual tally
				cumulating board to sign and acknowledge receipt of ballot stacks and manual
				tally forms, which includes space for the printed and signed names of each
				cumulating board member, and the date and time signed.
(11) A watermark provided by the elections
				official that shall change daily for security purposes.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20302 - Other Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When conducting a manual tally pursuant to paragraph (1) or
				  (4) of subsection (a) of section 20298, in addition to the appointment of
				  counting board members the elections official shall appoint:
(a) At least one supervisor for every four
				counting boards, to oversee the overall conduct of the manual tally, including
				but not limited to tracking the progress of the manual tally, ensuring
				compliance with the requirements of this Chapter, inclusive, of this regulation
				and reporting any issues or concerns to the elections official.
(b) At least one supervisor for each location
				to supervise and ensure compliance with the public observation of the manual
				tally, including, without limitation, ensuring that the public is able to
				observe the manual tally and that the public does not distract or interfere
				with the conduct of the manual tally.
(c) A cumulating board pursuant to section
				20304 of these regulations.
Note: Authority cited: Section 12172.5, Government Code;
					 and Section 15270.2, Elections Code. Reference: Sections 15102, 15207, 15270,
					 15270.1 and 15270.3, Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20303 - Conducting a Manual Tally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				beginning the manual tally pursuant to paragraph (1) or (4) of subsection (a)
				of section 20298, the elections official shall:
(1) Sequentially serialize each
				ballot;
(2) Electronically capture
				the ballot images on a scanner certified pursuant to Elections Code section
				19202;
(3) Sort each ballot by precinct;
(4) Further sort the ballots by qualified
				political party and nonpartisan ballots if the ballots are for a presidential
				primary election; and
(5) Divide
				the ballots into separate stacks containing not more than 100 ballots per
				stack. Each stack must be read and tallied separately. Each stack of ballots
				shall be:
(A) Secured with a rubber band,
				binder clip, or equivalent; and
(B)
				Clearly labeled and numbered consecutively.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20304 - Manual Tally Cumulating Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				conducting a manual tally pursuant to paragraph (1) or (4) of subsection (a) of
				section 20298, the elections official shall appoint a board to cumulate the
				results of the manual tally forms comprised of county elections
				employees.
(b) The manual tally
				cumulating board shall compile the results by:
(1) Hand, without use of any mechanical,
				electromechanical, or electronic system, or its software; or
(2) The use of a mechanical,
				electromechanical, or electronic system and its software or any combination of
				these, that has been conditionally approved or certified by the Secretary of
				State pursuant to Elections Code sections
				362 and
				19202;
				or
(3) A combination of subsection
				20304(b)(1) and subsection 20304(b)(2) above.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20305 - Auditing the Manual Tally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				conducting a manual tally pursuant to paragraph (1) or (4) of subsection (a) of
				section 20298, the elections official shall use a voting system tabulator
				certified pursuant to Elections Code section
				19202 to
				conduct an audit of all ballots counted in the manual tally.
(1) The audit shall be performed prior to the
				certification of the official canvass of the vote.
(2) The elections official shall conduct a
				test or series of tests pursuant to Elections Code section
				15000.
(3) All ballots shall be audited using the
				certified voting system tabulator.
(4) Any discrepancies between the results of
				the certified voting system tabulator and the manual tally shall be clearly
				documented.
(5) A 1 percent manual
				tally pursuant to Elections Code section
				15360 is
				not required.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20306 - Reporting Elections Results by Manual Tally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				conducting a manual tally pursuant to paragraph (4) of subsection (a) of
				section 20298 for any state or federal election, the elections official shall
				submit to the Secretary of State through key data entry:
(1) The semi-official canvass results
				pursuant to Elections Code section
				353.5.
(2) Updates to election results pursuant to
				Elections Code section
				15302(e).
(3) The official canvass results pursuant to
				Elections Code section
				335.5.
(4) The statement of vote and any supplement
				to the statement of vote pursuant to Elections Code section
				15374.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.6 - Manual Tally Standards › Section 20307 - Observing the Manual Tally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All observations of a manual tally shall be conducted
				  pursuant to Title 2, Division 7, Chapter 8.2 of the California Code of
				  Regulations.
Note: Authority cited: Section 12172.5, Government Code;
					 and Section 15270.2, Elections Code. Reference: Sections 15270, 15270.1,
					 15270.3 and 15272, Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.7 - One Percent Manual Tally › Section 20310 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				Elections Code section 15360, during the official canvass of every election in
				which a voting system is used, the elections official conducting the election
				shall conduct a one percent manual tally of the ballots tabulated by those
				devices, including vote-by-mail ballots.
(b) 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.
(c) An elections official conducting a one
				percent manual tally shall do so in accordance with the provisions of this
				chapter.
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15360,
					 Elections Code. Reference: Section
					 15360,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.7 - One Percent Manual Tally › Section 20311 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Chapter, the following terms have the
				  following meanings:
(a) "Ballot" shall
				have the meaning set forth in Elections Code section
				301.
(b) "Chain of Custody" means a process used
				to track the movement and control of all election materials related to the
				conduct of a one percent manual tally through its lifecycle by documenting each
				person and organization who handles the one percent manual tally election
				materials, 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 one percent manual tally election materials is uncertain
				and during which actions taken with the one percent manual tally elections
				materials are unaccounted for or unconfirmed.
(c) "Election management system" shall have
				the meaning set forth in Elections Code section 2500.
(d) "Elections official" shall have the
				meaning set forth in Elections Code section
				320.
(e) "One-part manual tally" is the process
				described in Elections Code section 15360, subdivision (a), paragraph
				(1).
(f) "One percent manual tally"
				shall have the meaning set forth in Elections Code section 336.5.
(g) "Public notice" means the release of
				information to the public through two or more of the following readily
				available communication channels: a website update, a social media post, an
				email list mailing, a press release, and a notice posted at a building open to
				the public. This public notice shall comply with Elections Code section
				15360(d).
(1) Elections officials are
				encouraged to maintain an email mailing list of persons who would like to be
				notified about the one percent manual tally. If an elections official maintains
				such a list, public notice for the purposes of this Chapter must include
				sending an email to all persons on this list.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.7 - One Percent Manual Tally › Section 20312 - Public Notice and Observation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				elections official shall ensure that the one percent manual tally is observable
				by the public. The elections official shall provide:
(1) At least five days public notice prior to
				selection of ballots to tally pursuant to Elections Code section 15360(d). This
				notice shall include descriptions of how the one percent manual tally will be
				conducted, the methods for ensuring ballot security, information regarding the
				process for selecting ballots, the time and place of the selection of ballots
				to tally and the date the ballots will be tallied.
(2) Observers with an oral or written
				explanation of the one percent manual tally, a written code of conduct for
				observation, and any documentation they will need for informed and effective
				observation.
(3) The public the
				opportunity to observe ballots being retrieved and tallied.
(4) The public the opportunity to observe the
				voters' marks on every tallied ballot.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.7 - One Percent Manual Tally › Section 20314 - Chain of Custody

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				elections official shall maintain and document at all times the chain of
				custody for each ballot included in the one percent manual tally. Ballots shall
				be kept securely, and the chain of custody maintained at all times during the
				one percent manual tally.
(b) Chain
				of custody logs shall be available for public inspection after the canvass of
				the election pursuant to Division 15, Chapters 2 through 4, of the Elections
				Code is complete.
(c) The elections
				official shall secure and maintain in sealed ballot containers all tabulated
				ballots.
(d) The elections official
				shall establish written procedures to ensure the security, confidentiality, and
				integrity of any ballot cards, cast vote records, or any other data collected,
				stored, or otherwise used pursuant to this section.
Note: Authority cited: Section 12172.5, Government Code;
					 and Section 15360, Elections Code. Reference: Section 15360, Elections
					 Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20350 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
				  of this chapter is to establish standards and procedures for conducting
				  recounts of votes cast for all elections in the State of California requested
				  pursuant to Chapter 9 of Division 15 of the California Elections
				  Code.
(b) This chapter applies to
				  the Secretary of State and all elections officials within the State of
				  California in conducting recounts of votes cast for all elections in this
				  state.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15600 and
						15601,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20352 - Who May Request Recount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any voter
				  may, pursuant to Elections Code sections 15620, 15621 or 15623, request a
				  recount.
(b) Upon receipt of a
				  request for recount, the elections official shall verify that the person
				  requesting the recount is registered to vote in this state.
(c) Any time during the conduct of a recount
				  and for 24 hours thereafter, any voter other than the original requestor may,
				  pursuant to Elections Code sections 15620, 15621 or 15623, request the recount
				  of any precincts not recounted as a result of the original recount
				  request.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15620,
						15621 and
						15623,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20353 - Material to Be Examined; Relevant Material

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Requests to
				  examine specific categories of relevant material shall be made by the requestor
				  in writing and shall be received by the elections official before the
				  recounting of ballots commences.
(b) The elections official shall produce
				  relevant material requested.
(c)
				  The elections official may establish reasonable guidelines for the examination
				  of relevant material. If the elections official establishes reasonable
				  guidelines, the elections official shall make them publicly available on their
				  website. The guidelines shall permit photocopying, photography and videotaping
				  of all relevant material except in a manner that would record confidential
				  voter information including but not limited to un-redacted voter signatures,
				  official ballots, proprietary voting system material that may otherwise present
				  a security risk to the voting system, or other material that would be
				  prohibited under the Public Records Act, Title 1, Division 10 of the Government
				  Code (sections 7920.000-7931.000).
(d) The elections official shall communicate
				  any request to examine ballots or other relevant material to each interested
				  party or to his or her representative. The interested parties and their
				  representatives appointed pursuant to section 20356(a)(1) may be present during
				  the examination of ballots or other relevant material.
(e) The elections official, or his or her
				  designee, shall be present during the examination of original ballots or
				  original relevant material, but is not required to be present during the
				  examination of copies of relevant material if the written request specified
				  production of copies for examination.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15629 and
						15630,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20354 - Order of Recount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If no order
				  in which precincts are to be counted is specified in the request for recount,
				  the elections official shall determine the counting order of precincts or
				  batches.
(b) The requestor may
				  request, in writing, a change to the order of precinct or batch counting
				  determined by the elections official or specified in the requestor's initial
				  request for a recount. Any change in the counting order of precincts or batches
				  is subject to the approval of the elections official.
(c) Any additional estimated costs associated
				  with requests to change the order of precinct or batch counting shall be paid
				  by the requestor prior to re-ordering the precincts or batches.
(d) Any additional relevant material or
				  precincts shall not be inspected upon conclusion of the recount.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Section
						15622,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20355 - Cost of Recount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  elections official shall estimate the costs necessary to produce relevant
				  material and the requestor shall pay an advance deposit of the estimated amount
				  at least one day prior to the materials being produced.
(b) The requestor or designee shall pay the
				  advance deposit using cash, cashier's check or money order at the time
				  established by the elections official in accordance with Elections Code section
				  15624 and the minimum number of hours specified by Elections Code section
				  15626. At the elections official's discretion, electronic payment by credit or
				  debit card may be accepted.
(1) If a designee
				  is appointed by the requestor to submit a payment or deposit, the requestor
				  shall make the designation in writing, and a copy of the written designation
				  shall be submitted to the elections officials.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20356 - Location of Recount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The recount
				  shall take place in a location to be determined by the elections official. The
				  elections official shall choose a location that is large enough to accommodate
				  the presence of the following:
(1) Not more
				  than two representatives of each interested party and each qualified political
				  party to check and review the preparation, testing and operation of the
				  tabulating devices, and to attend any or all phases of the recount;
				  and
(2) Not more than two
				  representatives of any bona fide association of citizens or a media
				  organization to check and review the preparation, testing and operation of the
				  tabulating devices, and have the representatives in attendance at any or all
				  phases of the recount.
(3) In the
				  event the elections official determines that more than two recount boards are
				  necessary, each interested party may designate one additional representative
				  for every additional recount board appointed, solely for the purpose of viewing
				  the recount of ballots and challenging ballots.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20357 - Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  elections official shall develop, and prior to each statewide election maintain
				  written security measures for recounts to ensure the integrity of the recount
				  proceedings. The security measures shall include, but not be limited to,
				  physical security of the recount proceedings, recount equipment and storage of
				  recount materials; chain of custody controls for all voted, spoiled and unused
				  ballots, and all "relevant material" as described in section
				  20351(h).
(b) Upon request, all
				  persons authorized to observe the recount pursuant to section 20356 must be
				  permitted to observe and inspect, without physical contact, the integrity of
				  all externally visible security seals used to secure all ballot materials,
				  printed ballot images, relevant material as described in section 20351(h), and
				  recount documentation in a reasonable time and manner as established by the
				  elections official that does not interfere with the conduct of the
				  recount.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15624 and
						15625,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20358 - Staffing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				  the commencement of the recount, the elections official shall determine the
				  number of special recount boards necessary to complete the recount in a timely
				  manner. Special recount boards shall consist of four members each, as appointed
				  by the elections official.
(b)
				  There shall be one supervisor for every four special recount boards. The
				  supervisor's function is to enforce the rules and transport ballots and
				  reports. The supervisor shall not resolve challenges.
(c) The elections official shall determine
				  whether additional personnel is necessary for tasks such as producing relevant
				  material, sorting or retrieving materials, or checking signatures.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Section
						15625,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20359 - Scheduling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The elections official shall set the daily schedule for the
					 recount, including hours of operation, approximate break and lunch times, in
					 accordance with the requirements of Elections Code section 15626. The schedule
					 shall be posted in a conspicuous place at the office of the elections official
					 and at the location where the recount takes place, if different. Recount
					 activities will continue daily so long as the deposit has been submitted
					 timely. If the deposit is not timely submitted, the recount shall be terminated
					 and the elections official shall post notice in a conspicuous place at the
					 office of the elections official that the recount has been terminated.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15625 and
						15626,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20360 - Spokespersons and Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  may observe the recount proceedings, subject to space limitations of the
				  recount location selected by the elections official pursuant to section
				  20356.
(b) Upon request by the
				  elections official, each interested party shall appoint one of his or her
				  representatives to serve as a spokesperson authorized to make decisions with
				  respect to the recount on behalf of the interested party, or the interested
				  party may serve as his or her own spokesperson. When accompanied by an
				  elections official or his or her designee, the spokesperson shall have access
				  to all areas where ballots are recounted by hand or tabulated by
				  machine.
(c) Questions other than
				  ballot challenges shall be routed through the spokesperson, who shall then
				  direct the question to the elections official or his or her designee. Official
				  discussions with any interested party concerning resolution of questions shall
				  include each interested party or his or her spokesperson.
(d) The elections official may require any
				  requestor, interested party, representative, or observer of the recount
				  proceedings to log in and receive an identification badge before entering the
				  recount location. If required, identification badges shall be worn at all times
				  and returned to the elections official at the end of the day.
(e) Requestors, interested parties,
				  representatives, and observers shall not interfere in any way with the conduct
				  of the recount, touch any voting system components, ballots, tally sheets or
				  other special recount board materials, sit at the official recount worktables,
				  place any material on the official recount worktables, talk to members of the
				  special recount boards or supervisors while they are processing ballots or
				  other recount materials or assist in recount procedures.
(f) The elections official may deny entry to
				  the recount location to any person who fails to comply with the requirements of
				  this section.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15625,
						15629 and
						15630,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20361 - Media, Photography and Recording Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  elections official shall develop, and prior to each statewide election,
				  maintain a written policy providing reasonable access to the recount location
				  by the media, and the use of cameras or audio or video recording devices in the
				  recount location in a manner that will not interfere with the recount,
				  compromise the anonymity of any ballot or record the signature of any voter.
				  The elections official shall make the written policy publicly available on
				  their website. Interested parties and observers shall be permitted the same
				  access for use of cameras or audio or video recording devices as members of the
				  media.
(b) No interviews shall be
				  permitted in the recount location while the recount is being
				  conducted.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						15601,
						Elections Code. Reference: Sections
						15625 and
						15629,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 4.8 - Recounts › Article 1 - General Provisions › Section 20362 - Results of Recount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the end
				  of each day, the elections official or his or her designee shall post and
				  announce publicly the following:
(1) The
				  results of the recount tally of each precinct or batch recounted that
				  day;
(2) The certified election
				  results tally for each precinct or batch recounted that day;
(3) A running tally of the total recount
				  results for all precincts or batches recounted to date; and
(4) A running tally of the total certified
				  election results for all precincts or batches recounted to date.