Section 20362 - Results of Recount(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.(b) Upon completion of the recount, the elections official shall post the results of the recount in a highly visible public location in the elections official's office and on the elections official's website.(c) In a recount of an election for a statewide office or measure, Assembly, State Senate, Presidential convention delegate or slate of electors, Congress, State Board of Equalization, Supreme Court or Courts of Appeal, transmit one complete copy of all results of the recount to the Secretary of State. The Secretary of State shall compile the results of the recount and notify the affected counties within five (5) business days of receipt of all of the results of the recount as to whether the recount has changed the outcome of the election, as provided in Elections Code section 15632.(d) If the outcome of an election has changed as a result of a recount, as provided in Elections Code section 15632, the elections official shall:(1) In a recount of an election for a statewide office or measure, Assembly, State Senate, presidential convention delegate or elector, Congress, State Board of Equalization, Supreme Court or Courts of Appeal, recertify the official returns for the recounted election with the new official count for each precinct involved in the recount and send a copy of the recertification to the Secretary of State.(2) In a recount of an election for any office or measure not included in subdivision (d)(1), recertify the official returns for the election with the new official count for each precinct involved in the recount and send a copy of the recertification to the public official or governing board that declares the results of the election subject to the recount, in order that they may adopt the recertification and re-declare the results of the election.(3) Refund all monies deposited for the recount by any requestor in whose favor the recount changed the outcome of the election. If a recount conducted in multiple counties changed the overall outcome of the election, all monies deposited in all affected counties by such a requestor shall be refunded. No refund shall be made if the recount did not change the overall outcome of the election.(e) Any additional relevant material or precincts shall not be inspected upon conclusion of the recount.Cal. Code Regs. Tit. 2, § 20362
Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 15601, Elections Code. Reference: Sections 15624, 15625, 15632 and 15633, Elections Code.
1. Renumbering of section 20822 to new section 20362, including amendment of section, filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).