In 2007, Secretary of State Debra Bowen created a Post-Election Audit Standards Working Group to examine a variety of post-election audit models. The group reported to Secretary Bowen about options for developing and implementing auditing requirements that could enhance the reliability of election results, suggesting guidelines and procedures for reconciling manual audit and machine count results. The Working Group submitted the following report to the Secretary of State:
In October 2007, the Secretary of State adopted Post-Election Manual Tally (PEMT) standards and requirements that county elections officials were required to follow in certain circumstances.
On August 29, 2008, the California Fourth District Court of Appeal held that the Secretary of State had the authority to institute PEMT requirements but should have done so using the procedures for adoption of regulations in the Administrative Procedures Act. The Secretary of State replaced the original October 25, 2007, PEMT standards and requirements with the October 20, 2008, PEMT Emergency Regulations. The Secretary of State revised and readopted the PEMT Emergency Regulations on April 13, 2009. The readopted emergency regulations expired on July 14, 2009.