Chapter 1. Preparation For Canvass of California Elections Code >> Division 15. >> Chapter 1.
No later than seven days prior to any election conducted
pursuant to this code, the elections official shall conduct a test or
series of tests to ensure that every device used to tabulate ballots
accurately records each vote. The exact methods employed in this
test shall conform to the voting procedures for the specific voting
systems, as adopted by the Secretary of State.
(a) A copy of each election computer vote count program for
a statewide election or state special election to fill vacancies
shall be deposited with the Secretary of State. The copy of the
election computer vote count program shall be received by the
Secretary of State no later than 5 p.m. on the seventh day before the
(b) If the election computer vote count program is modified or
altered after the submission specified in subdivision (a), the
elections official immediately shall deposit the subsequent program
no later than 12 p.m. on the day of the election.
(c) The Secretary of State shall hold the deposited programs for a
period of not less than six months, at which time the program shall
be returned to the elections official.
(1) The elections official shall preserve the returned program for
a period of 16 months.
(2) The programs deposited in accordance with this section shall
be used only for a recanvass of the vote, an official recount, court
action, or for logic and accuracy tests required by the Secretary of
(3) Any tape, diskette, cartridge, or other magnetic or electronic
storage medium containing the vote count program submitted pursuant
to this section shall be maintained by the Secretary of State in a
secure location when not in use for an official purpose specified in
(d) The Secretary of State may, by mandamus or other appropriate
proceeding, require and compel the county elections officials to
submit the computer vote count program specified in subdivision (a).
Venue for a proceeding under this section shall be exclusively in
No later than January 1 of each even-numbered year, the
Secretary of State shall review, and if necessary amend,
administrative procedures for use with each of the voting systems
pursuant to Division 19.
Elections officials shall adopt semifinal official and
official canvass procedures to conform to the applicable voting
system procedures that have been approved by the Secretary of State.
These procedures shall be available for public inspection no later
than 29 days before each election.
(a) Each qualified political party may employ, and may have
present at the central counting place or places, not more than two
representatives to check and review the preparation and operation of
the tabulating devices, their programming and testing, and have the
representatives in attendance at any or all phases of the election.
(b) Any bona fide association of citizens or a media organization
may employ, and may have present at the central counting place or
places, not more than two representatives to check and review the
preparation and operation of the tabulating devices, their
programming and testing, and have the representatives in attendance
at any or all phases of the election.
(c) The county elections official may limit the total number of
representatives employed pursuant to subdivision (b) in attendance to
no more than 10 by a manner in which each interested bona fide
association of citizens or media organization has an equal
opportunity to participate. Any representatives employed and in
attendance pursuant to subdivision (a) shall not be subject to the
limit specified in this subdivision.