Article 4. Court-ordered Recounts of California Elections Code >> Division 15. >> Chapter 9. >> Article 4.
(a) When requested by the board of supervisors or the grand
jury, the district attorney may petition the superior court for an
order directing a public recount to be made of ballots tabulated by a
voting system in any precincts in the county that it designates for
any election occurring not over 25 days before the request. The
request and petition shall be made only on one or more of the
following grounds, and the order may be issued only with a finding
that there is probable cause to believe that one or more of the
(1) Misconduct by anyone sufficient to make it likely that the
result of the election was affected as to the successful candidates
or propositions or tie holders, including any of the conduct
specified in Section 16100.
(2) Errors or failures, whether electronic, mechanical or
otherwise, in the safekeeping, handling, tallying, counting,
recording, or certification of the ballots or votes cast, sufficient
to make it likely that the result of the election was affected as to
the successful candidates or propositions or tie holders, or
sufficient to cast substantial doubt on the substantial accuracy of
the results without regard to affecting any result.
The petition shall be set for hearing and may be opposed by any
(b) The court may order any further recounts that it may deem
proper based on the results of the recounts provided for in
subdivision (a) or in Section 15645, and shall declare the results of
all the recounts, and shall determine and order corrected the
results of any election affected by any recount.
(c) The court may order payment of the costs of any such recount
in whole or in just proportion by any person or any public agency, or
both, who petition for a recount. In the case of public agencies the
costs shall be provided for and paid pursuant to Section 19212.
Section 15001 shall apply unless a court orders the program
held pending the conclusion of litigation challenging the outcome of
an election. If court action or an official recount is initiated
while the program is on deposit, the Secretary of State shall make
the program available to the court or the elections official in whose
jurisdiction the court action or recount takes place, upon written
Any tape, diskette, cartridge, or other magnetic or
electronic storage medium used in the programming of vote totals
shall be kept in a secure location and, if there is a recanvass of
votes, the officer entrusted with the magnetic storage medium shall
submit his or her affidavit stating that they are the true media used
in the election and have not been altered.