State Summary
California does not have automatic recounts, but state statute allows the governor to order a recount for any statewide office or state ballot measure for contests decided by the lesser of 1,000 votes or 0.015% of the number of all votes cast for that contest. For gubernatorial races within the close vote margin, the recount may be ordered by the secretary of state. Recounts may be initiated by voters, election officials, and court orders. Recounts must be requested no later than five days following the 31st day of an election. State law does not specify a completion deadline for recounts. Recounts ordered by the governor (or secretary of state) are conducted by hand counting all ballots; for a voter-requested recount, the initiator may choose the recount counting method.
Counting Method
Mix of hand count and retabulation
Counting method chosen by initiator
The Secretary of State is charged with developing regulations for recounting votes on each type of voting system used throughout the state. Cal. Elec. Code § 15601 and Cal. Code Regs. tit. 2 § 20350.
For voter-initiated recounts, the initiator has the authority to choose whether counting shall be conducted by hand or "by means of the voting system used originally." Cal. Elec. Code § 15627.
Initiating Mechanisms
Close vote margin
Voter-initiated
Election official-initiated
Court-ordered
Court-Ordered Recounts:
The county board of supervisors or a grand jury, given evidence of “sufficient” misconduct, or “errors or failures,” may request that the district attorney petition the superior trial court for a public recount. The court can also on its own “order any further recounts that it may deem proper based on the results” of the recount. Cal. Elec. Code § 15640.
Timing: The district attorney must petition the trial court within 25 days after the election. Cal. Elec. Code § 15640.
Election Official-Initiated Recounts:
Under certain conditions, elections officials may initiate recounts without petitioning a court. Cal. Elec. Code § 15610.
Timing: No deadlines are provided in the statute.
Close Vote Margin Options
Less than or equal to 0.1%
Varies by election contest
Initiated by request
In a primary or general election, the governor may order a state-funded manual recount of all votes cast for a statewide office or state ballot measure if the margin of victory is "less than or equal to the lesser of 1,000 votes or 0.00015 [0.015%] of the number of all votes cast.... " If the office eligible for the recount is the governor's race, then the secretary of state, but not the governor, may order the recount. Cal. Elec. Code § 15645.
Timing: The governor may order the recount “[w]ithin five days after the Secretary of State files a statement of the vote.” Cal. Elec. Code § 15645.
Candidate-Initiated Options
Although California law does not specifically authorize candidates to request a recount, any California voter may request one. Cal. Elec. Code § 15620.
Voter-Initiated Options
Voters determine how many/which precincts to recount
Voters may request recounts for offices
Voters may request recounts for initiatives/questions
Any voter in California may request a recount. The request may be filed for candidates for any office, for slates of presidential electors, or for or against any ballot measure. The request "shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed." Cal. Elec. Code § 15620. & 15621.
For statewide offices or for statewide ballot measures, the request must specify in which counties the recount is to take place. Cal. Elec. Code § 15621. But “[i]f the office, slates of presidential electors, or measure are voted on statewide, the results of any recount will be declared null and void where there is not recounted each vote cast statewide for the office, slates, or measure.” Cal. Elec. Code § 15632.
The initiator may also indicate the order in which the precincts are to be recounted. Cal. Elec. Code § 15622. If not all precincts were initially included in the request for a recount, any other voter may file a request to recount any of the remaining precincts, during the recount or up to 24 hours after. Cal. Elec. Code § 15623. Statewide offices may also be recounted, but the request is filed with the Secretary of State. Cal. Elec. Code § 15621.
Timing: For statewide elections: following completion of the official canvas, the recount request must be filed within five days beginning on the 31st day after a statewide election.” Also, a recount request may be filed within five days following completion of any post-canvass risk-limiting audit conducted pursuant to Cal. Elec. Code § 15560. Cal. Elec. Code § 15621(a).
For non-statewide elections: the request must be filed within five days of the official canvass, but for non-statewide elections conducted in more than one county, the request must be filed within five days, beginning on the 31st day after the election. Cal. Elec. Code § 15620 (a) & (b).
The recount must begin within seven days of the request, and is required to continue each day, excepting holidays, for a minimum of six hours each day, until its completion. Cal. Elec. Code § 15626, § 15620 & § 15621. See also Cal. Code Regs. tit. 2 § 20359.
Cost for Candidate-Initiated Recounts
Although California law does not specifically authorize candidates to request a recount, any California voter may request one, making costs the same as for voter-initiated recounts. Cal. Elec. Code § 15620.
Cost for Voter-Initiated Recounts
Payor of costs depends on outcome
The voter must pay for all associated actual recount costs determined by the appropriate elections officials. The voter will pay a deposit at the beginning of each day of the recount for that day's estimated costs. All deposits are refunded if the recount declares that the initiator's candidate, or stated position on a ballot measure, is the actual winner in the election. Cal. Elec. Code § 15624. See also Cal. Code Regs. tit. 2 § 20355.
Challengers and Observers
Party/candidate/initiator may appoint observers and challengers; recount is public
California requires that the recount must be held publicly and that notice of the recount be given and posted at least one day prior to the commencement of the recount. Cal. Elec. Code § 15628. and § 15629. State regulations also allow for any person to observe the recount, “subject to space limitations.” See Cal. Code Regs. tit. 2 § 20360. California regulations state that a voter requesting the recount has a right to observers. Election officials choosing the recount location must ensure the space allows for the presence of not more than two representatives each for interested parties, qualified political parties, and “any bona fide association of citizens or a media organization.” Cal. Code Regs. tit. 2 § 20356. The definition of "interested parties” includes the voter who has requested a recount. Cal. Code Regs. tit. 2 § 20351(e).
At a recount, ballots may be challenged for "incompleteness, ambiguity or other defects." Cal. Elec. Code § 15631.The voter initiating a recount may request an examination of all ballots. Cal. Elec. Code § 15630. See also Cal. Code Regs. tit. 2 § 20363 for challenge procedures.
Rules for Determining Voter Intent
Resources
Cal. Elec. Code § 15620
Cal. Code Regs. tit. 2
California's Uniform Vote Counting Standards
California Secretary of State