Code Section Group

Elections Code - ELEC

DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702]

  ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. )

CHAPTER 3. Semifinal Official Canvass [15150 - 15290]

  ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. )

ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251]
  ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. )

15250.
  

This article applies to all elections in which votes are counted by means of a voting machine at a polling place or vote center.

(Amended by Stats. 2017, Ch. 806, Sec. 73. (SB 286) Effective January 1, 2018.)

15250.5.
  

(a) As soon as the polls are closed on election day, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and do all of the following:

(1) Count the votes cast on voting machines and report the results pursuant to subdivisions (b) and (c).

(2) Complete, sign, and return to the elections official all furnished forms requiring its signatures.

(b) When votes are counted on one or more voting machines at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance, which shall be substantially in the following form:

Certificate of Performance

This certificate of performance is for polling place or vote center ____, for the ____ election, held on the ____ day of ____, (year).

We hereby certify ONE of the following: (Please check only the one that applies.)

(A) RESULTS OF VOTES CAST FROM ALL VOTING MACHINES ARE POSTED.

(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure.

(2) The results of votes cast form provided to the county elections official shows the same numbers.

(B) RESULTS OF VOTES CAST ARE NOT POSTED FOR VOTING MACHINES THAT RECORDED FEWER THAN 10 BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING MACHINES ARE POSTED.

(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure, except as provided in paragraph (2).

(2) For each voting machine recording fewer than 10 ballots, only the number of ballots cast on that machine is posted.

(3) The results of votes cast form provided to the county elections official shows the same numbers.

(C) RESULTS OF VOTES CAST ARE NOT POSTED FOR ANY VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS WERE CAST IN THE PRECINCT.

In this case, only the number of ballots cast on each voting machine is posted and included on the results of votes cast form provided to the county elections official.

_____ Inspector

_____ Assistant Inspector

_____ Judge

_____ Judge

 

_____ Clerk

_____ Clerk

_____ Clerk

_____ Clerk

 

(D) RESULTS ARE A SUMMARY OF ALL PRECINCTS VOTING AT THE POLLING PLACE OR VOTER CENTER.

In this case, only the summary of votes for all precincts combined is reported. An additional report showing just the number of people who voted in each precinct may also be provided, but it will not show by precinct the votes cast for each candidate in each office.

(c) (1) The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the results of votes cast form. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls.

(2) To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots on any single voting machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted on that voting machine, and shall not post the total number of votes cast on each voting machine for each candidate for each office or the total number of votes cast on each voting machine for and against each ballot measure.

(Amended by Stats. 2017, Ch. 806, Sec. 74. (SB 286) Effective January 1, 2018.)

15251.
  

Upon receipt of the result of votes cast from the precinct boards, the elections official shall do either of the following:

(a) Compile and make available to the public the received results as to the offices and measures.

(b) Compare the received results to the results provided to the public from the central tabulation or tally system pursuant to Chapter 4 (commencing with Section 15300) of Division 15.

(Amended by Stats. 2017, Ch. 806, Sec. 75. (SB 286) Effective January 1, 2018.)

ELECElections Code - ELEC3