Recounts

Contested Elections – Court Proceedings

California Elections Code Division 16 allows any voter or candidate to contest the election results, in court, on very serious grounds that certain conduct had occurred that has affected the outcome of the election. The petition and grounds follow the same process as found below, under Court Ordered Recounts.

In addition, under §16101, at a primary election, a candidate may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following other grounds in addition to §16100 have occurred:

The defendant is not eligible to the office in dispute.
There were enough votes cast that were illegal, fraudulent, forged, or otherwise improper, and that had those votes not been counted, the defendant would not have received as many votes as the contestant.
There were enough eligible voters who were denied their right to vote, and that had those voters been permitted to vote, the defendant would not have received as many votes as the contestant.
Due to mistake, error, or misconduct the votes in any precinct were so incorrectly counted as to change the result.

Recounts Ordered by the Superior Court

For details on court ordered recounts, see Division 15, Chapter 9, Article 4 of the California Elections Code.

In a single county, the Board of Supervisors or a Grand Jury may request the county’s District Attorney to petition the Superior Court to order a public recount of ballots that were tabulated by a voting system in any precinct(s) chosen to be recounted.

The request and petition can only be made on very specific grounds, and the court order issued with a finding that there is probable cause to believe that the election was affected. These grounds must relate to the safekeeping, handling, tallying, counting, recording, or certification of the ballots or votes cast and based on misconduct, errors or failures by workers or the vote counting system. The petition must also state that, due to the grounds, the outcome of the election would have been different.

Elections Code §15640 incorporates, by reference, the actions listed in Elections Code §16100 as also relevant to the grounds of misconduct:

That the precinct board or any member thereof was guilty of malconduct.
That the person who has been declared elected to an office was not, at the time of the election, eligible to that office.
That the person listed as the defendant has committed any other offense against the election defined in Division 18 (commencing with 18000), such as offered a bribe or reward to a voter or precinct board member to commit a crime.
That illegal votes were cast.
That eligible voters who attempted to vote in accordance with the laws of the state were denied their right to vote.
That the precinct board in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
That there was an error in the vote-counting programs or summation of ballot counts.

Voter Requested Recounts

Under California’s Election law, following completion of the official canvass, any voter may, file a written request for a recount of the votes cast for candidates for any office, for slates of presidential electors, or for or against any measure. If the office, slate, or measure is voted on statewide, the request is filed with the Secretary of State.

When should a voter make a request for a recount of ballots?

The timing of a voter requested recount is very short and must be filed within five (5) calendar days after the completion of the official canvass and signing of the certificate of the election results.

If the requested recount is conducted in more than one county, the request must be filed within five (5) calendar days beginning the 31st day after the election.

It is important to know when the Registrar of Voters completes the canvass and signs the certificate, so this short window is not missed. By law, an election must be certified no later than 30 days after Election Day. See Sections 15620 through 15623 of the California Elections Code.

Who can request a recount?

Any registered voter of the State of California may file a request. The person does not need to be a resident of the district in which the recount is requested.

What should a recount request include? Is there a specific format?

See California Elections Code Division 15, Chapter 9, Article 3 for details.

The request must be in writing
Must specify the contest to be recounted
Must state on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed
May specify the order in which precincts shall be counted
May specify the method of counting to be used (computer, manual or both)
May specify any other relevant material to be examined
For statewide contests, may specify in which county or counties the recount is sought.

Where is the written request for the recount submitted or filed?

See California Elections Code Division 15, Chapter 9, Article 3 for details.

With the county elections official responsible for conducting the election, if the contest is not voted upon statewide
If election is conducted in more than one county, the request may be filed with the county elections official of, and the recount conducted within, any or all of the affected counties
With the Secretary of State if the contest is voted upon statewide

How does the Registrar of Voters notify the public of the recount?

Section 15628 of the California Elections Code requires the Registrar of Voters to post a notice of the recount, including the date and location, at least one day prior to the recount. The following persons will be notified in person or by any federally regulated overnight mail service:

All candidates for any office the votes for which are to be recounted.
Authorized representatives of presidential candidates to whom electors are pledged if the votes to be recounted were cast for presidential electors.
Proponents of any initiative or referendum or persons filing ballot arguments for or against any initiative, referendum, or measure placed on the ballot by the governing body the votes for which are to be recounted.
The Secretary of State in the case of a recount of the votes cast for candidates for any state office, presidential electors, congress, US senate, or delegates to a national convention or on any state measure.

Are there any fees associated with a recount requested by a voter?

Yes. A daily deposit is required. See Section 15624 of the California Elections Code, which generally states:

The elections official determines a daily deposit necessary to cover costs of the recount for each day the recount is conducted
Before the recount commences, and at the beginning of each day of the recount, the voter filing the request must deposit a fee to cover the cost of the recount for that day
If the requestor fails to deposit the fee, the recount may conclude
If the outcome of the recount has reversed the election results, the deposit is returned

What is the daily recount process?

See Sections 15626 and 15629 of the California Elections Code that generally state:

The recount is open to the public.
Recount must start no later than seven calendar days following the receipt of the request and shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed.
No results or running tallies will be released to observers or the media during the recount. Observers may keep their own notes if they wish; however, any numbers they release are not official if they have not been confirmed by the elections official.

Are there any staffing requirements for a recount?

See Section 15625 of the California Elections Code, which generally states:

A manual recount must be conducted by recount boards and under the supervision of the elections official.
Recount boards must consist of four voters of the county, appointed by the elections official. Compensation is generally set at the same rate as a Vote Center worker (poll worker).
All actual costs of the recount are paid for by the person(s) requesting the recount and may include such items as: daily costs for supervision, security, recount personnel, computer personnel and administrative costs.

Can the result of recount change the official certified results?

Yes. California Elections Code Sections 15632 and 15633 explain that, if the results of a recount show a different outcome, the results of the official canvass will be changed and the election results would be re-certified and made public.

Does the State provide rules or guidance for recounts?

Yes. The Secretary of State is required to create regulations for the procedures for requesting and conducting recounts, in addition to other election processes. You can see a list of all current state regulations on the Secretary of State’s website.

Voter Registration and Elections