CALIFORNIA STATUTES AND CODES
SECTIONS 19380-19386
ELECTIONS CODE
SECTION 19380-19386
19380. During the reading of the result of votes cast, any
candidate or watcher who may desire to be present shall be admitted
to the polling place. The proclamation of the result of the votes
cast shall be distinctly announced by the precinct board who shall
read the name of each candidate, or the designating number and letter
of his or her counter, and the vote registered on the counter. The
board shall also read the vote cast for and against each measure
submitted. The board shall not count votes cast for write-in
candidates, but shall have these counted by the elections official.
During the proclamation ample opportunity shall be given to any
person lawfully present to compare the result so announced with the
counter dials of the machine, and any necessary corrections shall
then and there be made by the precinct board, after which the doors
of the voting machine shall be closed and locked.
To protect a person's right to cast a secret ballot under Section
7 of Article II of the California Constitution, in cases where fewer
than 10 votes are cast on any single machine on which the results are
tallied at the precinct, the precinct board shall read only the
total number of people who voted at the precinct on the machine that
keeps vote tallies.
If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.
19381. In each election district where voting machines are used,
statements of the results of the vote cast shall be printed to
conform with the type of voting machine used.
The designating number and letter on the counter for each
candidate shall be printed next to the candidate's name on the
statements of result of the vote cast. Two such statements shall be
used in each election district.
19382. The statement of the result of votes cast, which shall be
certified by the precinct board, shall contain:
(a) The total number of votes cast.
(b) The number of votes cast for each candidate and measure as
shown on the counter.
(c) The number of votes for persons not nominated.
(d) Printed directions to the precinct board for their guidance
before the polls are opened and when the polls are closed.
(e) A certificate which shall be signed by the election officers
before the polls are opened, showing:
(1) The delivery of the keys in a sealed envelope.
(2) The number on the seal.
(3) The number registered on the protective counter.
(4) Whether all of the counters are set at zero (000).
(5) Whether the public counter is set at zero (000).
(6) Whether the ballot labels are properly placed in the machine.
(f) A certificate that shall be filled out after the polls have
been closed, showing:
(1) That the machine has been locked against voting and sealed.
(2) The number of voters as shown on the public counter.
(3) The number on the seal.
(4) The number registered on the protective counter.
(5) That the voting machine is closed and locked.
19383. A member of the precinct board shall enter the vote, as
registered, on the statements of result of votes cast, in the same
order on the space that has the same name or designating number and
letter, after which another member shall verify the figures by
calling them off in the same manner from the counters of the machine.
The counter compartment of the voting machine shall remain open
until the official returns and all other reports have been fully
completed and verified by the precinct board.
If the machine is provided with a recording device, the alternate
procedures in Section 19370 may be used.
19384. The precinct board shall, before it adjourns, post
conspicuously on the outside of the polling place a copy of the
result of the votes cast at the polling place. The copy of the result
shall be signed by the members of the precinct board. To protect a
person's right to cast a secret ballot under Section 7 of Article II
of the California Constitution, in cases where fewer than 10 voters
cast ballots on any single machine on which the results are tallied
at the precinct, the precinct board shall post only the total number
of people who voted at that precinct on the machine that keeps vote
tallies.
If the machine is provided with a recording device, the statement
of result of votes cast produced by operating its mechanism may be
considered the "result of the votes cast" at the polling place.
19385. The precinct board shall immediately transmit unsealed to
the elections official a copy of the result of the votes cast at the
polling place, the copy shall be signed by the members of the
precinct board, and shall be open to public inspection.
19386. Before proceeding to canvass the returns of an election at
which voting machines have been used to register the votes cast, the
board authorized to canvass returns shall open the counter
compartment and compare the records of votes cast for the several
candidates voted for and for and against the several measures voted
upon shown on each machine with those recorded on the statement of
results of votes cast prepared from that machine by the precinct
board. Any errors found on the statement shall be corrected by
crossing out the recorded incorrect number, and recording the correct
number nearby.
If the machine is provided with a recording device, the board
shall inspect the statement of return of votes cast record. However,
for good and sufficient cause the board shall unseal the machines and
take off and record the records of votes cast for the several
candidates and for and against the several measures voted upon. Each
voting machine shall immediately be resealed.
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