Section 20305 - Auditing the Manual Tally(a) When conducting a manual tally pursuant to paragraph (1) or (4) of subsection (a) of section 20298, the elections official shall use a voting system tabulator certified pursuant to Elections Code section 19202 to conduct an audit of all ballots counted in the manual tally. (1) The audit shall be performed prior to the certification of the official canvass of the vote.(2) The elections official shall conduct a test or series of tests pursuant to Elections Code section 15000.(3) All ballots shall be audited using the certified voting system tabulator.(4) Any discrepancies between the results of the certified voting system tabulator and the manual tally shall be clearly documented.(5) A 1 percent manual tally pursuant to Elections Code section 15360 is not required.(b) In the event that the Manual Tally Plan has been revoked by the Secretary of State or the elections official determines that completing the manual tally is not feasible: (1) Any ballots that have been manually tallied shall be audited pursuant to subsection 20305(a); and(2) Any remaining ballots shall be tabulated using a voting system tabulator certified pursuant to Elections Code section 19202 and audited pursuant to Elections Code section 15360.(3) Any discrepancies between the results of the certified voting system tabulator and the 1 percent manual tally shall be clearly documented.(c) The official conducting the election shall include a report on the results of the audit 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.Cal. Code Regs. Tit. 2, § 20305
Note: Authority cited: Section 12172.5, Government Code; and Section 15270.2, Elections Code. Reference: Sections 362, 15270, 15270.1, 15270.3, 15277, 15278, 15360 and 19202, Elections Code.
1. New section filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).