Article 5. State-funded Recounts of California Elections Code >> Division 15. >> Chapter 9. >> Article 5.
(a) (1) Within five days after the Secretary of State files
a statement of the vote, as required by subdivision (b) of Section
15501, the Governor may order a state-funded manual recount of all
votes cast for a statewide office or state ballot measure if any of
the following occurs, except as provided in paragraph (3):
(A) The official canvass of returns in a statewide primary
election shows that the difference in the number of votes received by
the second and third place candidates for a statewide office is less
than or equal to the lesser of 1,000 votes or 0.00015 of the number
of all votes cast for that office except as provided in paragraph
(2).
(B) The official canvass of returns in a statewide general
election shows that the difference in the number of votes received by
the two candidates receiving the greatest number of votes for a
statewide office is less than or equal to the lesser of 1,000 votes
or 0.00015 of the number of all votes cast for that office.
(C) The official canvass of returns in a statewide election shows
that the difference in the number of votes cast for and against a
state ballot measure is less than or equal to the lesser of 1,000
votes or 0.00015 of the number of all votes cast on the measure.
(2) The Governor shall not order a state-funded manual recount of
all votes cast for the office of Superintendent of Public Instruction
pursuant to this section unless the official canvass of returns in a
statewide primary election shows either of the following:
(A) The number of votes received by the candidate receiving the
greatest number of votes was either of the following:
(i) Between 0.49985 and 0.50015, inclusive, of the number of all
votes cast.
(ii) Within 1,000 votes of 50 percent of the number of all votes
cast.
(B) No candidate for the office of Superintendent of Public
Instruction received votes on a majority of all the ballots cast for
candidates for that office and the difference in the number of votes
received by the second and third place candidates for that office was
less than or equal to the lesser of 1,000 votes or 0.00015 of the
number of all votes cast for that office.
(3) If the conditions set forth in paragraph (1) are satisfied
with respect to the number of votes cast for the office of Governor,
the Secretary of State, but not the Governor, may order a
state-funded manual recount pursuant to this section.
(4) For purposes of this subdivision, "statewide office" means the
office of Governor, Lieutenant Governor, Attorney General,
Controller, Insurance Commissioner, Secretary of State,
Superintendent of Public Instruction, Treasurer, or Member of the
United States Senate.
(b) If a state-funded recount is conducted pursuant to this
section, no other recount shall be conducted.
(c) The State shall reimburse counties for costs resulting from
conducting a manual recount pursuant to this section in an
expeditious manner upon certification of those costs.
(a) Upon the Governor or Secretary of State ordering a
recount pursuant to subdivision (a) of Section 15645, the Secretary
of State shall notify the elections official of each county and shall
direct the county elections officials to recount all the votes cast
for the office or for and against the state ballot measure.
(b) (1) While conducting a recount pursuant to Section 15645, a
county elections official shall also review ballots rejected pursuant
to Section 15154 to ensure that no ballots were improperly discarded
during the initial canvass.
(2) The process of reviewing rejected ballots pursuant to
subdivision (a) shall be open to members of the public, including
persons associated with a campaign or measure.
(c) The elections official in each county shall complete a recount
pursuant to this section as follows:
(1) In a primary election, by three business days before the
Secretary of State issues the certified list of candidates for the
associated general election pursuant to Section 8120.
(2) In a general election, within 60 days of the Governor or
Secretary of State ordering the recount.
All the provisions of Article 3 (commencing with Section
15620), except Sections 15620, 15621, 15622, 15623, 15624, and 15627,
shall apply to this article unless otherwise provided herein.
The Secretary of State may adopt, amend, and repeal rules
and regulations necessary for the administration of this article.
A county elections official shall only be required to
conduct a recount pursuant to this article to the extent funds are
appropriated for purposes of this article in the annual Budget Act or
other statute.