Section 20303 - Conducting a Manual Tally(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.(b) The elections official may process all ballots through a tabulator certified pursuant to Elections Code section 19202, prior to beginning the manual tally.(c) At all times, no fewer than two members of the counting board shall maintain chain of custody of ballots during the manual tally.(d) While handling the ballots or participating in the manual tally, all individuals may be asked to wear medical style exam gloves provided by the elections official.(e) At all times while handling the ballots or participating in the manual tally, the tally keepers shall be the only members of the counting board to utilize the writing device provided by the elections official.(f) Each counting board shall be positioned at a designated counting area with sufficient spacing to minimize interference with other counting boards.(g) The ballot shall be tallied one contest at a time within each batch, unless a different method or process is authorized by the elections official.(h) All undervotes and overvotes for all contests shall be tallied.(i) A manual tally of the ballots shall be tallied separately by each tally keeper of the counting board for each contest on the ballot. The results of each tally keeper's form for each contest must match exactly. If the results do not match, the counting shall be conducted again until the results match. If the tallies do not match after the third manual tally count of the contest, the elections official shall have a process in place to review and resolve the discrepancy.(j) Unless otherwise directed by the elections official, the counting board supervisors shall distribute the writing devices, manual tally forms, and one stack of ballots to each counting board at a time, as directed by the elections official.(k) The counting board shall verify that the precinct and serialized numbers recorded on the manual tally form are the same as what is contained in the stack provided by the counting board supervisor prior to counting.(l) The reading of the ballots shall be conducted as follows: (1) The reader of the counting board shall read from the ballot the choice of the voter.(2) After reading each ballot, the reader shall place the counted ballot in a separate pile on the table in a manner to distinguish the counted ballots from the uncounted ballots. After each stack of ballots is counted, the ballots shall be resecured.(3) The observer shall observe the reader and ensure the reader is calling the votes correctly.(m) The tallying of the ballots shall be conducted as follows:(1) The tally keepers shall record the votes on the prescribed manual tally form. If the election is a presidential primary election, the tallied votes shall be noted on the manual tally form that is designated for the applicable qualified political party or the nonpartisan manual tally form.(2) As directed by the elections official, the tally keepers shall manually tabulate on the manual tally form by either: (A) Placing a short vertical hashmark opposite the name of the candidate or ballot measure voted for the first through fourth vote for the same candidate or ballot measure. For every fifth vote for the same candidate or ballot measure, the tally keepers shall place a horizontal hash mark through the previous four vertical hashmarks; or(B) Placing a diagonal slash (/) through the numbered tally box under the name of the candidate or ballot measure voted for. For every fifth vote for the same candidate or ballot measure, the tally keepers shall place an (X) through the numbered tally box.(3) Once each counting board has read and tallied one contest, the tally keepers shall verify that the total number of votes for each candidate or ballot measure match, prior to moving onto the next contest.(4) If a tally keeper makes a mistake while marking the manual tally form, the counting board shall halt counting and notify the supervisor. If the supervisor determines that the manual tally shall be halted and the manual tally restarted, the supervisor shall provide the counting board's tally keepers with two new manual tally forms and the counting board shall start the manual tally over. The supervisor shall document on the voided manual tally forms the reason for why the forms were voided. All manual tally forms, including voided forms, shall be kept together with the stack of ballots.(5) If the tally matches for the contest, then the counting board may proceed to counting the next contest.(6) If the tally does not match for the contest:(A) The counting board shall notify the counting board supervisor of the discrepancy.(B) The counting board supervisor shall clearly document the discrepancy on the manual tally forms and provide the counting board with a new set of manual tally forms. The counting board shall count the contest a second time. If the tallies do not match after the second manual tally count of the contest, the counting board shall notify the counting board supervisor, who shall clearly document the discrepancy on the manual tally forms. The counting board supervisor shall provide the counting board with a new set of manual tally forms and shall join the counting board to assist with the third manual tally of the contest. If the tallies do not match after the third manual tally count of the contest, the elections official shall have a process in place to review and resolve the discrepancy.(C) All manual tally forms shall be clearly marked and retained with the corresponding stack of ballots.(n) Once all contests for all ballots in the stack of ballots have been tallied and all results verified, the counting board shall:(1) Draw lines through the empty spaces on the manual tally form.(2) Fill in the certificate of performance section.(3) Secure all ballots, manual tally forms, and writing devices, and return them as directed by the elections official.(o) The distribution of ballot stacks and tallying shall continue until all ballots are manually counted.Cal. Code Regs. Tit. 2, § 20303
Note: Authority cited: Section 12172.5, Government Code; and Section 15270.2, Elections Code. Reference: Sections 15102, 15270, 15270.1, 15270.3, 15271, 15272, 15273, 15275, 15276, 15277, 15278, 15278.5, 15279 and 15280, 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).