Article 5 - State-Funded Recounts - California Elections Code

Sections (5)

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

(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.

§ 15646

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

(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.

§ 15647

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

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.

§ 15648

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

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

§ 15649

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

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.