SECTIONS 15360 - California Statutes

ELECTIONS CODE

SECTION 15360

15360. (a) During the official canvass of every election in which a
voting system is used, the official conducting the election shall
conduct a public manual tally of the ballots tabulated by those
devices, including vote by mail voters' ballots, cast in 1 percent of
the precincts chosen at random by the elections official. If 1
percent of the precincts is less than one whole precinct, the tally
shall be conducted in one precinct chosen at random by the elections
official.
In addition to the 1 percent manual tally, the elections official
shall, for each race not included in the initial group of precincts,
count one additional precinct. The manual tally shall apply only to
the race not previously counted.
Additional precincts for the manual tally may be selected at the
discretion of the elections official.
(b) If vote by mail ballots are cast on a direct recording
electronic voting system at the office of an elections official or at
a satellite location of the office of an elections official pursuant
to Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to
subdivision (a) or conduct a public manual tally of those ballots
cast on no fewer than 1 percent of all the direct recording
electronic voting machines used in that election chosen at random by
the elections official.
(c) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts or direct recording electronic voting machines subject to
the public manual tally.
(d) The manual tally shall be a public process, with the official
conducting the election providing at least a five-day public notice
of the time and place of the manual tally and of the time and place
of the selection of the precincts to be tallied prior to conducting
the tally and selection.
(e) The official conducting the election shall include a report on
the results of the 1 percent manual tally in the certification of
the official canvass of the vote. This report shall identify any
discrepancies between the machine count and the manual tally and a
description of how each of these discrepancies was resolved. In
resolving any discrepancy involving a vote recorded by means of a
punchcard voting system or by electronic or electromechanical vote
tabulating devices, the voter verified paper audit trail shall govern
if there is a discrepancy between it and the electronic record.