CHAPTER 7. Duties of the Secretary of State [15500 - 15505]
( Heading of Chapter 7 renumbered from Chapter 10 by Stats. 1998, Ch. 1073, Sec. 35. )
The Secretary of State, commencing with the first results from the semifinal official canvass received from the elections officials, shall compile the results for the offices and measures listed in Section 15151, which compilation shall be continued without adjournment until completed. The Secretary of State shall immediately make public the results of the compilation as to those offices and measures. The Secretary of State also shall compile and make those results reported pursuant to subdivision (c) of Section 15375 available to any person or organization upon request.
(Amended by Stats. 1999, Ch. 18, Sec. 3. Effective May 4, 1999.)
(a) Except as to presidential electors, the Secretary of State shall compile the results for all of the following:
(1) All candidates for statewide office.
(2) All candidates for Assembly, State Senate, Congress, State Board of Equalization, Supreme Court, and Courts of Appeal.
(3) All statewide measures.
(b) The Secretary of State shall prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election. The Secretary of State shall post the certified
statement of the vote on his or her Internet Web site in a downloadable spreadsheet format that may include, but is not limited to, a comma-separated values file or a tab-separated values file and that is compatible with a spreadsheet software application that is widely used at the time of the posting. The certified statement of the vote shall be posted and maintained on the Secretary of State’s Internet Web site for a period of at least 10 years following the election.
(c) The Secretary of State may gather returns for local elections, including, but not limited to, the following:
(1) Candidates for county office.
(2) Candidates for city
office.
(3) Candidates for school and district office.
(4) County ballot measures.
(5) City ballot measures.
(6) School and district ballot measures.
(Amended by Stats. 2013, Ch. 112, Sec. 2. (AB 813) Effective January 1, 2014.)
Within 120 days of the filing of the statement of the vote, the Secretary of State, upon the basis of the information provided, shall compile a supplement to the statement of the vote, showing the number of votes cast in each county, city, Assembly district, senatorial district, congressional district and supervisorial district for each candidate for the offices of presidential elector, Governor, and United States Senator, depending on the offices to be filled, and on each statewide ballot proposition. A copy of this supplement shall be made available, upon request, to any elector of this state.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
On the 38th day after the election, or as soon within that time as the returns have been received from the entire state or a congressional district, as the case may be, the Secretary of State shall determine the votes cast for candidates for Senator and Representative and certify to the persons having the highest number of votes for the respective offices as duly elected.
(Amended by Stats. 2009, Ch. 149, Sec. 3. (AB 1490) Effective January 1, 2010.)
The Secretary of State shall make out and deliver, or transmit by mail, a certificate of election or nomination to each person elected or nominated.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Whenever the Secretary of State transmits a certificate of election or unofficial election results to the State Senate or State Assembly regarding a person who appears to have received the plurality of votes in an election for State Senator or State Assembly Member, the Secretary of State shall include a notation in that information, if applicable, that the person was not continuously registered to vote in the district in which the person appears to have received a plurality of votes from the date the candidate filed their declaration of candidacy pursuant to Section 8020 to the date, inclusive, on which the Secretary of State transmits the certificate of
election or unofficial election results.
(Added by Stats. 2023, Ch. 514, Sec. 2. (AB 63) Effective January 1, 2024.)
No later than the 32nd day following the election, the Secretary of State shall analyze the votes given for presidential electors, and certify to the Governor the names of the proper number of persons having the highest number of votes. The Secretary of State shall thereupon issue and transmit to each presidential elector a certificate of election. The certificate shall be accompanied by a notice of the time and place of the meeting of the presidential
electors and a statement that each presidential elector will be entitled to a per diem allowance and mileage in the amounts specified.
(Amended by Stats. 2009, Ch. 149, Sec. 4. (AB 1490) Effective January 1, 2010.)