Section 20298 - General Provisions(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.(2) A manual tally recount, which counts a specified number of contests on the ballot, as determined by the elections official;(3) A 1 percent manual tally pursuant to Elections Code section 15360; or(4) A full manual tally, which counts all contests on the ballot, at a county designated central return location(s) pursuant to Elections Code section 15270.3. (A) If an elections official conducts a manual tally pursuant to this subsection 20298(a)(4), then the elections official shall comply with section 20306 of these regulations.(b) If an elections official conducts a manual tally pursuant to paragraph (1) or (4) of subsection (a), the elections official shall:(1) Conduct the manual tally at a county designated central return location(s) pursuant to Elections Code sections 15260 and 15261. Ballots shall not be tallied at a voting location, except for manual tallies conducted pursuant to Elections Code sections 15270- 15281. The location(s) of the manual tally selected by the elections official shall be large enough to accommodate the presence of all counting boards, other manual tally staff, and election observers. If multiple manual tally locations are selected and designated by the elections official, every location shall have sufficient space: (A) To accommodate the presence of all counting boards, supervisors, and other manual tally staff assigned to that location; and(B) For election observers; and(C) For chain of custody and continuous security.(2) Process vote-by-mail ballots received prior to election day, such as opening of envelopes and adjudication, beginning at 5:00 p.m. the day before the election but under no circumstance shall vote-by-mail ballots be counted prior to the close of polls on election day pursuant to Elections Code section 15101(b). However, beginning 29 days before the election, the elections official may process vote-by-mail return ballot envelopes, such as signature verification and updating voter history records, pursuant to Elections Code section 15101(a).(3) Not begin the manual tally until the close of polls on election day pursuant to Elections Code sections 15150 and 15152.(4) Count all ballots pursuant to Division 15 of the Elections Code.(5) Comply with the provisions of this Chapter.(c) If an elections official conducts a manual tally pursuant to paragraph (2) of subsection (a), the manual tally shall be conducted pursuant to Chapter 4.8 of these regulations.(d) If an elections official conducts a manual tally pursuant to paragraph (3) of subsection (a), the manual tally shall be conducted pursuant to Chapter 4.7 of these regulations.(e) The chain of custody of ballots shall be maintained at all times, including, but not limited to, during transport, serializing, scanning, sorting and manual counting.Cal. Code Regs. Tit. 2, § 20298
Note: Authority cited: Section 12172.5, Government Code; and Section 15270.2, Elections Code. Reference: Sections 15101, 15150, 15152, 15260, 15261, 15270, 15270.1, 15270.2, 15270.3, 15271, 15272 and 15273, Elections Code.
1. New section filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).