Section 20373 - Manual Recounts, "Vote for Multiple" ContestsManual recount tabulation on a voting system in a "Vote for Multiple" contest is subject to the following requirements:
(a) Prior to counting the ballots for the contest subject to recount, and in the clear view of the requestor, spokespersons and observers, all ballots for the precinct shall be separated into stacks that do and do not contain the contest. Those that contain the contest shall be sorted as follows:(1) Ballots that were not voted for the contest (under-voted);(2) Ballots that were over-voted for the contest;(3) Ballots indicating a vote for the first candidate listed on the ballot for the contest; and(4) Ballots that do not indicate a vote for the first candidate listed on the ballot for the contest.(b) Starting with the voted ballots, one member of the special recount board shall state the candidate or position for which the vote was cast making sure the requestor, interested parties and their representatives can observe the contest subject to recount.(c) After the vote is stated and counted, the counted ballot shall be placed on the table, with the counted ballots placed in stacks of 10 (or 25).(d) Two members of the special recount board shall record the votes stated, marking hashes in succession on their individual tally sheets. Each of these two board members shall announce when he or she has counted 10 (or 25) votes. If both members call out 10 (or 25) counted votes at the same time, the tally shall continue forward for the next 10 (or 25) ballots. If both recorders do not reach 10 (or 25) additional votes on the same ballot, then the count for the last interval of 10 (or 25) ballots shall be stricken from their tally sheets and those ballots recounted.(e) A requestor or an authorized spokesperson may request to inspect any ballot. Tallying shall be halted while the ballot is presented to the requestor or spokesperson for closer inspection. At no time may any requestor or spokesperson touch or come into physical contact with any of the ballots. Tallying will resume once the inspection is completed, which the requestor or spokesperson shall complete in a reasonable amount of time.(f) Once all the votes for the first candidate have been recorded, the valid voted ballots shall be resorted into two stacks:(1) Ballots that were voted for the second candidate in the contest; and(2) Ballots that do not indicate a vote for the second candidate in the contest. The ballots voted for the second candidate shall be calculated in accordance with (b) through (e) above. Tallying shall continue in this manner, until the votes for each candidate in the contest have been recounted and tallied.
(g) After all voted ballots have been counted and tallied, the two special recount board members who have been recording the votes will each independently calculate the total votes for each candidate or position on their tally sheets. When both have completed totaling, they will each announce their totals one candidate or vote position at a time. If both announce the identical vote total for each candidate or position in the recounted contest, the recount of that precinct shall be deemed complete and the results reported to the elections official. If the special recount board members announce different vote totals for any candidate or vote position in the recounted contest, the recount tallies recorded and announced will be examined. If the difference can be explained by the special recount board or supervisor, or by the elections official or his or her designee, it shall be corrected on the tally sheet. A written explanation shall be made on an attachment to the tally sheet. In the event of an unexplained discrepancy, the results for that precinct shall be discarded and the recount of that precinct will start over.Cal. Code Regs. Tit. 2, § 20373
Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 15601, Elections Code. Reference: Sections 15276, 15290, 15629, 15630 and 19380, Elections Code.
1. Renumbering of section 20833 to new section 20373 filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).