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Summary

This chapter explains the procedures involved in counting the ballots after the polls close. Votes can be
tabulated either in the precinct or at a pre-specified central location.

All proceedings at the central counting place, or counting places, if applicable, shall be open to the view of the public but no person, except one employed and designated for the purpose by the elections official or their authorized deputy, shall touch any ballot container. Access to the area where electronic data processing equipment is being operated may be restricted to those persons authorized by the elections official. (§ 15204.)

If the canvass is to take place in the precinct, as soon as the polls are finally closed, the precinct board shall commence to count the votes by taking the ballots cast, unopened, out of the box and counting them to ascertain whether the number of ballots corresponds with the number of signatures on the roster. The precinct board shall make a record upon the roster of the number of ballots in the ballot box, the number of signatures on the roster, and the difference, if any. (§ 15271.)

If votes are counted by means of a voting machine at a polling place or vote center, as soon as the polls are closed on election day, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and do all of the following: (1) Count the votes cast on voting machines and report the results. (2) Complete, sign, and return to the elections official all furnished forms requiring its signatures. When votes are counted on one or more voting machines at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance. (§§ 15250, 15250.5(a), (b).)

A manual vote count in the precinct shall be public and shall be continued without adjournment until completed and the result is declared. (§ 15272.) If a ballot measure or office is voted upon in more than one county, no results will be made public until the polls close in all counties involved. (§ 15152.) At least four members of the precinct board will conduct the canvass of vote by mail ballots. (§ 15102; see also §§ 15276-15277 (requiring that for manual vote counts in the precinct, one member read from the ballot, another member keep watch of each vote to make sure the member reading the ballot does not make an error or omission, and two keep tally sheets).) All ballots should be inspected. Those ballots marked in any way other than provided by law will be rejected. (See page 57 for markings that do not render a ballot invalid.) Rejected ballots will be marked as such and placed in a package for that purpose. (§ 15154(a).)

Each precinct will keep two tally sheets. Sufficient space for tallying the votes cast for each candidate and for or against each ballot measure shall be provided. (§ 15277(a)(3).) After the votes for the entire ballot are read and tallied, the ballots shall not be further examined, but carefully sealed in a strong envelope. The signature of all precinct board members shall be written across the seal. (§ 15279.)

Page 62 lists the materials to be returned to the county elections official. If the returns from any precinct are incomplete, ambiguous, not properly authenticated, or otherwise defective, the elections official may issue and serve subpoenas requiring members of the precinct board to appear and be examined under oath concerning the manner in which votes were counted and the result of the count in their precinct. This procedure shall apply when ballots are tabulated manually or automatically at the polls. (§ 15303.)

A snap tally may be called if, before any election, the governing body of the jurisdiction holding the election decides that certain offices or ballot measures to be voted on are of more than ordinary public interest and require an early tabulation and announcement. The decision shall be transmitted to the elections official at least 30 days before the election. (§ 14440.)
Whenever the ballots at any election or from any precincts are to be tallied at a central place and not at the precincts, the elections official or secretary of the jurisdiction conducting the election shall specify the public place to be used and give notice of that location. (§ 12109.) The elections official or authorized deputy shall segregate the persons employed to count the ballots into counting boards. These counting boards shall be deemed to be precinct boards, and are subject to all laws governing precinct boards where ballots are counted at the polling place (§ 15207.) The count shall be public and shall be continued without adjournment until completed and the result is declared. (§ 15272; see also § 15204.)

If the ballots are to be counted at a central counting place, no fewer than two precinct board members shall, following the close of the polls, deliver the ballots, in a sealed container, to the central counting place or a designated receiving station. (§ 15202.)
 

1. Return and Counting Centers.

Establishing Return Centers

The elections official of the jurisdiction shall establish one or more election return centers for the purpose of facilitating the compilation of election returns and expediting their announcement to the public. (§ 15260(a).)

In establishing a return center, the elections official may designate a group of precincts which the center shall serve and this designation shall be available for public inspection no later than 15 days before the election. The election return center may be at any public place as the elections official designates. (§ 15260(b).)
 

Establishing Counting Centers

The elections official may establish one or more centers to count ballots from designated precincts and transmit the results via voice telephone connection or facsimile transmission. The count shall be conducted in all other respects in accordance with the central counting provisions of Division 15, Chapter 3, Article 2 (commencing with Section 15200). The list of designated precincts for each counting center shall be available for public inspection no later than 15 days before the election. (§ 15261.)

Proceedings Open to View of Public

All proceedings at the central counting place, or counting places, if applicable, shall be open to the view of the public but no person, except one employed and designated for the purpose by the elections official or their authorized deputy shall touch any ballot container. Access to the area where electronic data processing equipment is being operated may be restricted to those persons authorized by the elections official. (§ 15204.)

2. Vote Count in the Precinct.

Manual Vote Count

An elections official shall not conduct a manual vote count pursuant to Article 5 (of Chapter 3) or Article 6 (commencing with Section 15290) in any election unless that manual count is conducted pursuant to a plan approved by the Secretary of State. (§ 15270.1). A manual count plan shall be consistent with the regulations adopted by the Secretary of State regarding manual vote counts. The Secretary of State shall prepare a template of a manual count plan that an elections official may use to assist in meeting this requirement. (§ 15270.1(a).)

Notwithstanding Section 15270.1(a), an elections official shall not conduct a manual vote count in an election, and the Secretary of State shall not approve a plan to conduct a manual vote count for that election, if either of the following are true:

  1. The election is held on an established election date, as provided in Section 1000, and there are more than 1,000 registered voters who are eligible to participate in that election as of 154 days in advance of the election.
  2. The election is held on a date other than an established election date, and there are more than 5,000 registered voters who are eligible to participate in that election as of 154 days in advance of the election. (§ 15270.1(b).)

Notwithstanding Section 15270.1 or subdivision (a) of Section 19207.5, an elections official may conduct a manual vote count in the event of a natural disaster or other state of emergency in which use of a certified voting system is not feasible. (§ 15270.3)
 

Count of Ballots in the Ballot Box

As soon as the polls are finally closed, the precinct board shall commence to count the votes by taking the ballots cast, unopened, out of the box and counting them to ascertain whether the number of ballots corresponds with the number of signatures on the roster. The precinct board shall make a record upon the roster of the number of ballots in the ballot box, the number of signatures on the roster, and the difference, if any.
(§ 15271.)

Time to Begin Count

Neither the elections official, any member of a precinct board, nor any other person shall count any votes, either for a ballot proposition or candidate, until the close of the polls in that county. After that time, the ballots for all candidates and ballot propositions voted upon solely within the county shall be counted and the results of the balloting made public. However, the results for any candidate or ballot proposition also voted upon in another county or counties shall not be made public until after all the polls in that county and the other county or counties have closed. This paragraph applies regardless of whether the counting is done by manual tabulation or by a vote- tabulating device. (§ 15152.)

An elections official may begin to process vote by mail ballot return envelopes and vote by mail ballots on the date on which the ballots are mailed, which shall not be later than 29 days before the election. (§ 15101). 

The canvass shall be continued daily, Saturdays, Sundays, and holidays excepted, for not less than six hours each day until completed, except as provided in Section 15301(b)(2). If the only ballots that the elections official has left to count as part of the official canvass are vote by mail ballots for which a voter has been provided, or will be provided, the opportunity to verify or to provide their signature pursuant to Section 3019(d) or (e), as applicable, and the elections official does not need to conduct the official canvass for at least six hours per day in order to meet the deadline for certification of results pursuant to this section and Section 15372, the official canvass may be conducted for fewer than six hours per day until completed. (§ 15301(b)(2).)

On or before the 13th day following the election, an elections official shall finish counting all ballots, except those described in Section 15307(b), and shall release the vote count for those ballots. (§15307(a).) The requirement to finish counting all ballots and release the vote count for those ballots on or before the 13th day following the election does not apply to any of the following:

  1. A duplicate ballot prepared pursuant to Section 15210 or subdivision (c) of Section 3106.
  2. A vote by mail ballot that is forwarded to the county elections official who issued the ballot pursuant to paragraph (3) of subdivision (a) of Section 3017.
  3. A vote by mail ballot for which a voter has the opportunity either to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019.
  4. A provisional ballot.
  5. A ballot cast by a person who completes a conditional voter registration pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.
  6. A ballot received by an elections official after the fourth day following the election. (§15307(b).)

If an elections official will not meet the deadline set forth in Section 15307(a), the elections official shall file a notice of extension with the Secretary of State and include the reason for the extension. Both the Secretary of State and the elections official shall post the extension filing on their respective websites. (§15307(c).)

Nothing in this section alters the statutory obligations imposed by Sections 3019, 15320, 15321, and 15342 regarding counties completing their respective vote canvasses. (§ 15307(d))
 

Counting of Ballots at Polls

If votes are counted by means of a voting machine at a polling place or vote center, as soon as the polls are closed on election day, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and do all of the following (§§ 15250, 15250.5(a), (b)):

  1. Count the votes cast on voting machines and report the results pursuant to Section 15250.5(b) and (c).
  2. Complete, sign, and return to the elections official all furnished forms requiring its signatures. When votes are counted on one or more voting machines at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance.

The certificate of performance shall be substantially in the following form:

Certificate of Performance

 

This certificate of performance is for polling place or vote center__________, for the___________election, held on the______day of ____, (year).

We hereby certify ONE of the following: (Please check only the one that applies.)

(A) RESULTS OF VOTES CAST FROM ALL VOTING MACHINES ARE POSTED.

(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure.

(2) The results of votes cast form provided to the county elections official shows the same numbers.

(B) RESULTS OF VOTES CAST ARE NOT POSTED FOR VOTING MACHINES THAT RECORDED FEWER THAN 10 BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING MACHINES ARE POSTED.

(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure, except as provided in paragraph (2).

(2) For each voting machine recording fewer than 10 ballots, only the number of ballots cast on that machine is posted.

(3) The results of votes cast form provided to the county elections official shows the same numbers.

(C) RESULTS OF VOTES CAST ARE NOT POSTED FOR ANY VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS WERE CAST IN THE PRECINCT.

In this case, only the number of ballots cast on each voting machine is posted and included on the results of votes cast form provided to the county elections official.

______________________________________    ________________________________________

 Inspector                                                                  Clerk

______________________________________    ________________________________________

  Assistant Inspector                                                 Clerk

______________________________________    ________________________________________

  Judge                                                                      Clerk

______________________________________    ________________________________________

  Judge                                                                      Clerk    

D) RESULTS ARE A SUMMARY OF ALL PRECINCTS VOTING AT THE POLLING PLACE OR VOTER CENTER.

In this case, only the summary of votes for all precincts combined is reported. An additional report showing just the number of people who voted in each precinct may also be provided, but it will not show by precinct the votes cast for each candidate in each office. (§ 15250.5(b).)

The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the results of votes cast form. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls. To protect a person’s right to cast a secret ballot under California Constitution Article II, Section 7, in cases where fewer than 10 voters cast ballots on any single voting machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted on that voting machine, and shall not post the total number of votes cast on each voting machine for each candidate for each office or the total number of votes cast on each voting machine for and against each ballot measure. (§ 15250.5(c).)
 

Canvass Must Be Public

A manual vote count in the precinct shall be public and shall be continued without adjournment until completed and the result is declared. During the reading and tallying, the ballot read and the tally sheet kept shall be within the clear view of watchers. (§ 15272; see also § 15250.5.)

Board to Act as Group and Conduct Only One Count

Unless otherwise provided in the Elections Code, the precinct board members may not constitute themselves into separate squads in an attempt to conduct more than one manual count of the ballots at the same time. (§ 15273.)

Members May Relieve Each Other During Canvass of Vote

The members of the precinct board may relieve each other in the duties of manually counting ballots. (§ 15274.)

Procedures

Any ballot not printed in substantial compliance with Chapter 3, Sections 13200 et seq. shall not be cast nor counted. (§ 13200.)
Any ballot that is not marked as provided by law shall be rejected. The rejected ballots shall be placed in the package marked for voted ballots or in a separate container as directed by the elections official. All rejected ballots shall have written on the ballot the cause for rejection and be signed by the majority of processing board members who are assigned by the elections official to process ballots. (§ 15154(a).)

The following ballot conditions shall not render a ballot invalid: (1) Soiled or defaced. (2) Two or more impressions of the voting stamp or mark in one voting square. (3) Contains personal information, as defined in Section 14287. (§ 15154(b).)

If a voter indicates, either by a combination of both marking and writing in, a choice of more names than there are candidates to be elected or nominated for any office, or if for any reason the choice of the voter is impossible to determine, the vote for that office shall not be counted, but the remainder of the ballot, if properly marked, shall be counted. (§ 15154(c).)

In preparing the voted ballot cards for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot card shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot (§ 15210.)

When manually tallying votes in the precinct, those ballots not rejected shall be placed in one pile, and the board shall proceed to count by tallying the vote for one or more offices or measures at a time. (§ 15275.) The precinct board members shall ascertain the number of votes cast for each person and for and against each measure in the following manner: One precinct board member shall read from the ballots. As the ballots are read, at least one other precinct board member shall keep watch of each vote so as to check on any possible error or omission on the part of the officer reading or calling the ballot. (§ 15276.)
 

Write-In Candidates

Any name written upon a ballot for a qualified write-in candidate, including a reasonable facsimile of the spelling of a name, shall be counted for the office, if it is written in the blank space provided and voted as specified below (§ 15342):

  1. For voting systems in which write-in spaces appear directly below the list of candidates for that office and provide a voting space, no write-in vote shall be counted unless the voting space next to the write- in space is marked or slotted as directed in the voting instructions, except as provided in Section 15342(f).
  2. For voting systems in which write-in spaces appear separately from the list of candidates for that office and do not provide a voting space, the name of the write-in candidate, if otherwise qualified, shall be counted if it is written in the manner described in the voting instructions.
  3. The use of pressure-sensitive stickers, glued stamps, or any other device not provided for in the voting procedures for the voting systems approved by the Secretary of State to indicate the name of the write- in candidate are not valid, and a name indicated by these methods shall not be counted.
  4. Neither a vote cast for a candidate whose name appears on the ballot nor a vote cast for a write-in candidate shall be counted if the voter has indicated, by a combination of marking and writing, a choice of more names than there are candidates to be nominated or elected to the office.
  5. All valid write-in votes shall be tabulated and certified to the elections official on forms provided for this purpose, and the write-in votes shall be added to the results of the count of the ballots at the counting place and be included in the official returns for the precinct.

Notwithstanding any other provision of law, no name written upon a ballot in any election shall be counted for an office or nomination unless the candidate whose name has been written on the ballot has complied with Division 8, Part 3 (commencing with Section 8600). (§ 15341.)

Comparing Voter Signatures

For purposes of Section 3019, the following terms have the following meanings:

  1. For a regularly scheduled statewide election, “applicable notification deadline” means 14 calendar days after the election and “applicable receipt deadline” means 22 calendar days after the election.
  2. For an election that is not a regularly scheduled statewide election, “applicable notification deadline” means eight calendar days before certification of the election and “applicable receipt deadline” means two calendar days before certification of the election. (§ 3019(j).)

Except as provided in Section 3019(d)(1)(E), after a determination that a voter’s signature does not compare pursuant to Section 3019(c)(2), the applicable notification deadline after the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m.  on the day of the applicable receipt deadline after the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement. (§ 3019(d)(1)(A).)

If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to Section 3019, subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. (§ 3019(d)(1)(B).)

Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to Section 3019, subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voter’s signature. (§ 3019(d)(1)(C).)

Unless required pursuant to Section 3026, the elections official may use any information in a county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature. (§ 3019(d)(1)(D).)

If it is impracticable under the circumstances for the elections official to send the notice described Section 3019(d)(1)(A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than the applicable notification deadline after the election. (§ 3019(d)(1)(E).)

The elections official shall not reject a vote by mail ballot identified pursuant to Section 3019(c) if each of the following conditions pursuant to Section 3019(d)(4) are satisfied: 

  1. The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. on the day of the applicable receipt deadline after the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
  2. Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record. The elections official shall not delay the comparison until later in the canvass.

    (i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.

    (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope. (§ 3019(d)(4).)

Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:

(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. on the day of the applicable receipt deadline after the election.

(ii) No later than 5 p.m. on the day of the applicable receipt deadline after the election, completes and submits an unsigned identification envelope statement in substantially the form provided in Section 3019(e)(1)(ii). (§ 3019(e)(1).)

The Secretary of State shall publish on their internet website a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement. An elections official shall include the combined statement developed by the Secretary of State, or a combined statement developed by the elections official that meets the requirements of this section, on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of Section 3019 paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to Section 3019 subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (§ 3019(f).)

If an elections official establishes procedures that the official uses when comparing signatures pursuant to this Section 3019, the elections official shall post the procedures used on their internet website or provide them upon request at their office. In accordance with Section 3019(k), any such procedures shall adhere to regulations promulgated by the Secretary of State. (§ 3019 (m).)

An elections official shall accept a form in satisfaction of the requirements of Section 3019 subdivision (d) or (e) if the form was developed by the Secretary of State or by an elections official pursuant to subdivision (d), (e), or (f). An elections official shall not accept a form created by any individual, organization, or entity other than the Secretary of State or an elections official. (§ 3019 (n).)

Tally Sheets

When ballots are counted by hand in the precinct, two of the precinct board members shall each keep a tally sheet in a form prescribed by the elections official. Each tally sheet shall contain all of the following (§ 15277(a)):

  1. The name of each candidate being voted for and the specific office for which each candidate is being voted. The offices shall be in the same order as on the ballot.
  2. A list of each measure being voted upon.
  3. Sufficient space to permit the tallying of the full vote cast for each candidate and for and against each measure.

The precinct board members keeping the tally sheets shall record opposite each name or measure, with pen or indelible pencil, the number of votes by tallies as the name of each candidate or measure voted upon is read aloud from the respective ballot. (§ 15277(b).)

Immediately upon the completion of the tallies, the precinct board members keeping the tally shall draw two heavy lines in ink or indelible pencil from the last tally mark to the end of the line in which the tallies terminate and initial that line. The total number of votes counted for each candidate and for and against each measure shall be recorded on the tally sheets in words and figures. (§ 15277(c).)
 

Comparison of Vote by Mail Voters’ List with Roster

On completion of the canvass of the returns for each election, the elections official shall compare the vote- by-mail voters’ list with the roster for each precinct to determine if any voter cast more than one ballot at that election. (§ 15278.)

Tally of Votes Only as Prescribed by Law

When ballots are counted by hand in the precinct, no precinct board member may make any tally of votes in any other manner than is provided in Division 15, Chapter 3, Article 5, nor in any place other than on the tally sheets provided for that purpose. (§ 15278.5.)

Ballots to Be Sealed; Not to Be Examined Thereafter

The ballots, as soon as all of the names and measures marked on them as voted for are read and tallied, shall not thereafter be examined by any person, but, as soon as all are counted, shall be carefully sealed in a strong envelope. The signatures of each member of the precinct board shall be written across the seal. (§ 15279.)

Completion of Forms by Precinct Board

The precinct board shall complete, sign, and return to the elections official all furnished forms requiring it signatures. When votes are counted at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance, which shall be substantially in the following form (§ 15280):

Certificate of Performance

 

for_________precinct, for the___________election, held on the______day of_____, (year).

We further certify that the results of votes cast forms posted outside the polling place and transmitted to the county elections official show the total number of votes received by each candidate for each office and the total number of votes cast for and against each measure is as indicated.

______________________________________    ________________________________________

Inspector                                                                  Clerk

______________________________________    ________________________________________

Assistant Inspector                                                   Clerk

______________________________________    ________________________________________

Judge                                                                        Clerk

______________________________________    ________________________________________

Judge                                                                        Clerk     

Sign and Post Copy of Result

The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the result of the votes cast. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls. To protect a person's right to cast a secret ballot under California Constitution, Article II, Section 7, in cases where fewer than 10 voters cast ballots and the precinct board tallies the results at the precinct, the precinct board shall post only the total number of people who voted at the precinct. (§ 15281.)

Elections in General Law Cities - Procedure at Close of Polls

The votes shall be counted, the result of the votes cast shall be posted, the supplies and records of the election shall be returned to the city elections official and shall be disposed of by them in accordance with the provisions of the Elections Code governing elections generally, so far as they may be applicable. (§ 10260.)

4. Reporting Results

Elections Official Posting Updated Information

Beginning no later than the Thursday following an election, and until the time specified in Section 15306(b), an elections official shall post updated information regarding the election on their internet website at least two times by the following Thursday and at least twice a week thereafter. The updates shall include at least the following information:

  1. Updated results for any candidate or measure appearing on the ballot.
  2. The number of ballots processed and an estimated number of outstanding ballots remaining unprocessed using the unprocessed ballot categories prescribed by the Secretary of State pursuant to Section 15305. This information shall be posted on either the homepage of an election official’s internet website or on the stand-alone webpage for the specific election on an elections official’s internet website. Posting a hyperlink to a separate file containing this information does not satisfy the requirements of this subdivision.
  3. The date and time when it is expected that the next results will be posted. This information shall be posted on the homepage of an elections official’s internet website, on the stand-alone webpage for the specific election on an elections official’s internet website, or on the stand-alone website that contains updated election results for the specific election pursuant to Section 15306(a), paragraph (1). Posting a hyperlink to a separate file containing this information does not satisfy the requirements of this subdivision. (§ 15306(a).).

The elections official may stop posting results as provided in Section 15306(a) above when either the following occurs:

  1. A certified statement of results is published pursuant to Section 15372.
  2. The only ballots left to count are vote by mail ballots for which a voter has the opportunity either to verify their signature pursuant to subdivision (d) of Section 3019 or to provide their signature pursuant to subdivision (e) of Section 3019. If the elections official stops posting results for this reason, they shall post a notice stating this reason on their internet website.
  3. The requirements of this section are in addition to any other duty to report or publish information required of the elections official pursuant to Division 15 (commencing with Section 15000) or any other law. (§ 15306(b).)

3. Return of Supplies and Records.

Supplies and Election Returns to Be Delivered to County Elections Official

The precinct board, as soon after the polls are closed as possible, shall prepare the supplies, including the copies of the voter list or roster posted at or near the polling place, and records of the election for delivery to the elections official. (§ 14430.)

The precinct board shall enclose and seal in one or more packages, as determined by the elections official, all voted, spoiled, canceled, or unused ballots. (§ 14431.)

The precinct board shall enclose and seal in one or two packages, as determined by the elections official, all of the following (§ 14432):

  1. Two tally sheets, if ballots are to be tabulated manually at the precinct.
  2. The roster. If an electronic poll book is used, either or both the electronic poll book and the electronic media containing the roster shall be secured and returned to the elections official.
  3. The copy of the voter list. If an electronic voter list is used, either or both the electronic voter list and the electronic media containing the voter list shall be secured and returned to the elections official.
  4. The challenge list.
  5. The assisted voter's list.

Transmit Result of Vote

If ballots are counted at precincts pursuant to the write-in vote tally (Division 15, Chapter 4, Article 3, commencing with Section 15340) or one-percent manual tally procedures (Division 15, Chapter 4, Article 5, commencing with Section 15360), the precinct board immediately shall transmit, unsealed, to the elections official a statement showing the result of the votes cast at the polling place. The statement shall be open to public inspection. (§ 14433.)

Delivery of Sealed Packages by Two Members

The sealed packages containing the lists, papers, and ballots shall be delivered by two precinct board members without delay, unopened, to the elections official or to a receiving station designated by the elections official. (§ 14434.)

No list, tally, paper, or certificate returned from any election shall be set aside or rejected for want of form, nor because it is not strictly in accordance with the Elections Code, if it can be satisfactorily understood. (§ 14435.)
 

Subpoenas Requiring Precinct Board to Appear

If the returns from any precinct are incomplete, ambiguous, not properly authenticated, or otherwise defective, the elections official may issue and serve subpoenas requiring members of the precinct board to appear and be examined under oath concerning the manner in which votes were counted and the result of the count in their precinct. This provision shall apply when ballots are tabulated manually or automatically at the polls. 
(§ 15303.)

4. Snap Tallies.

Early Tabulation and Announcement

Before any election, the governing body of the jurisdiction holding the election shall decide that certain offices or measures to be voted on are of more than ordinary public interest and require an early tabulation and announcement. The decision shall be transmitted to the elections official at least 30 days before the election.
(§ 14440.)

Special Forms for Snap Tally

The elections official shall prepare and forward to each selected precinct forms containing a list of the offices and measures designated as being of more than ordinary interest, and stating the number of ballots to be counted for the snap tally. In each general election, the special form shall, for each office listed on it, include the names of all candidates for that office whose names appear on the ballot. (§ 14441.)

The inspector at each selected precinct shall note the results of the count and the total number of votes cast in the precinct on the snap tally forms as soon as the designated number of ballots has been tallied. The inspector shall then communicate the figures in the manner directed by the elections official. In each general election, the figures shall include the votes cast for every candidate whose name appears on the ballot for an office listed on the forms. The inspector shall continue, each time the designated number of ballots has been tallied, to note and report the results as directed. (§ 14441.)
 

5. Canvass at Central Place.

Notice of Canvass by Elections Officials

Whenever the ballots at any election or from any precincts are to be tallied at a central place and not at the precincts, the elections official or secretary of the jurisdiction conducting the election shall specify the public place to be used and give notice thereof as follows (§ 12109):

  1. By at least one publication in a newspaper of general circulation published in the jurisdiction where the election is to be held, provided that the publication is made at least 10 days before the day of the election.
  2. If a newspaper of general circulation is not published in that jurisdiction, then by prominently posting the notice in the office of the elections official for at least 10 days before the day of the election.

Qualifications and Duties of Persons Selected to Count and Tally Ballots at a Central Place

A person may be employed to count, tally, and certify the ballots if the person is not a candidate at the election and if the person satisfies either of the following requirements (§ 15205(a)):

  1. Has the qualifications required for a precinct board member.
  2. Is a deputy or employee of either of the following:
    1. The governing board.
    2. The elections official.

No person selected to count ballots need reside in any particular precinct. (§ 15205(b).)

The elections official or authorized deputy shall segregate the persons employed to count the ballots into counting boards. These counting boards shall be deemed to be precinct boards, and are subject to all laws governing precinct boards where ballots are counted at the polling place. (§ 15207.)

The elections official or any deputy authorized by the elections official may excuse or dismiss any person from any counting board and enforce the order. (§ 15206.)

As soon as the polls are closed, the precinct board shall, in the presence of the public, do all of the following (§ 15201(a)):

  1. Seal the container used to transport voted ballots and insure that the precinct number, or in an election conducted using a voter center, the vote center number, is designated on the ballot container.
  2. Certify, sign and seal the several packages or envelopes as directed by the elections official.
  3. By at least two of their number, deliver the ballot container and packages to the elections official at the central counting place in the manner prescribed by the elections official. The ballot container and packages shall remain in their exclusive possession until delivered to the elections official.

Section 15201(a) also applies to ballots counted manually at a central location pursuant to Division 15, Chapter 3, Article 6 (commencing with Section 15290). (§ 15201(b).)

All proceedings at the central counting place, or counting places, if applicable, shall be open to the view of the public but no person, except one employed and designated for the purpose by the elections official or their authorized deputy, shall touch any ballot container. Access to the area where electronic data processing equipment is being operated may be restricted to those persons authorized by the elections official. (§ 15204; see also § 15290 (requiring counting boards that manually count ballots in a central place to do so "in the same manner as provided where ballots are counted at the polling place pursuant to” Division 15, Chapter 3, Article 5 (commencing with Section 15270)).)

Emergency - Impossible to Transport Ballots

In case of an emergency in which it becomes impossible to transport the ballots from the precinct to a central counting place, the elections official may direct that the ballots be counted at the precinct. In those cases, counting shall be conducted substantially in accordance with Division 15, Chapter 3, Article 5 (commencing with Section 15270). (§ 15213.)