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.
Chapter 1Preparation for Canvass
Section § 15000
Seven days before an election, officials must test the machines that count the votes to make sure they are accurate. These tests should follow specific procedures set by the Secretary of State for each voting system.
election testing ballot tabulation vote counting accuracy elections official responsibility voting device verification pre-election procedures Secretary of State guidelines voting system compliance electronic voting systems ballot accuracy assurance
Section § 15001
This law requires that a copy of the computer vote counting program for statewide elections is sent to the Secretary of State by 5 p.m. seven days before the election. If changes are made to the program, the updated version must be sent by 12 p.m. on election day. These programs are kept by the Secretary of State for at least six months before being returned to election officials, who must keep them for another 16 months.
The stored programs can only be used for purposes like recounts, court actions, or official tests. They must be securely stored when not in use. If county election officials fail to submit the program on time, the Secretary of State can take legal action, which must occur in Sacramento County.
(a)CA Elections Code § 15001(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 election.
(b)CA Elections Code § 15001(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)CA Elections Code § 15001(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)CA Elections Code § 15001(c)(1) The elections official shall preserve the returned program for a period of 16 months.
(2)CA Elections Code § 15001(c)(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 State.
(3)CA Elections Code § 15001(c)(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 paragraph (2).
(d)CA Elections Code § 15001(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 Sacramento County.
election computer vote count program statewide election special election Secretary of State program submission deadline program modification secure storage recanvass official recount logic and accuracy tests program preservation mandamus proceeding compel submission Sacramento County venue 16-month preservation period
Section § 15002
Every two years, by January 1 of even-numbered years, the Secretary of State must check and, if needed, update the rules for how each voting system is used, based on the guidelines in Division 19.
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.
Secretary of State voting systems administrative procedures review and amend Division 19 biennial review even-numbered year update voting procedures election systems management voting system regulations
Section § 15003
This law requires election officials to create and use procedures for counting and verifying votes that match the specific voting systems approved by the Secretary of State. These procedures must be made available for public review at least 29 days before an election.
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.
election procedures vote counting vote verification voting systems Secretary of State approval semifinal official canvass official canvass public inspection 29 days before election elections compliance election transparency voting integrity California elections elections officials responsibilities canvassing process
Section § 15004
This law section allows each qualified political party to have up to two representatives at the central vote counting locations. These representatives can check how the vote-counting machines are set up, programmed, and tested. They can also be present during any part of the election process.
Additionally, any genuine citizen group or media organization can also have up to two representatives for the same purposes. However, the county elections official can limit this total to no more than ten representatives from these groups to ensure equal participation opportunities. The representatives from political parties are not included in this limit.
(a)CA Elections Code § 15004(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)CA Elections Code § 15004(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)CA Elections Code § 15004(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.
political party representatives vote counting process election monitoring tabulating devices programming and testing central counting place citizen association representatives media organization representatives election phases attendance county elections official representation limit fair participation election transparency
