California Recount Laws

This information was updated 10/26/2020.

Voting System Used: 

Paper Ballots (hand marked paper ballots or ballot marking devices)

For more details, visit Verified Voting.

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. See the California Elections Code, Division 15, Chapter, 9, Section 15601. The regulations can be found in California Code of Regulations (CCR), Title 2, Division 7, Chapter 8

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." See Section 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 order further recounts without a petition from officials based on its observation of the recount. See Section 15640.

Timing: The district attorney must petition the trial court within 25 days after the election. See Section 15640.

Election Official-Initiated Recounts:
Under certain conditions, elections officials may initiate recounts without petitioning a court. See Section 15610.

Timing: No deadlines are provided in the statutes. 

Close Vote Margin Options: 

Less than or equal to 0.1%
Vote count difference (not percentage-based)
Varies by election contest
Initiated by request (at the discretion of the governor)

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 may order the recount.  See Section 15645.

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 measure. The request shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed."   Section 15620 & 15621.

For statewide offices or for statewide ballot measures, the request must specify in which counties the recount is to take place. Section 15621.

The initiator may also indicate the order in which the precincts are to be recounted. See Section 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, up to 24 hours after the initial recount.  See Section 15623. Statewide offices may also be recounted, but the request is filed with the Secretary of State. See Section 15621.

Timing: The request must be filed within five days of the official canvass. 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. See Section 15626, 15620 & 15621.

Cost for Voter-Initiated Recounts: 

Initiator pays deposit before recount
Payer of costs depends on outcome of recount

The voter must pay for all associated 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. See Section 15624.

Challengers and Observers : 

Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint observers
Party/candidate or initiator has statutory authority to appoint challengers

California requires that the recount must be held publicly and that notice of the recount be posted at least one day prior to the recount; see Sections 15628 and 15629.  State regulations also allow for any person to observe the recount, “subject to space limitations.” See the CCR Section 20820. The CCR states that a voter requesting the recount has a right to observers. Election officials choosing the recount location must make sure 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.” CCR Section 20816. The defintion of "interested parties” includes the voter who has requested a recount. CCR Section 20811(3).

At a recount, ballots may be challenged for incompleteness, ambiguity or other defects. Section 15631.  The voter initiating a recount may request an examination of all ballots. Section 15630.  See also CCR 20823 for challenge procedures.

Rules for Determining Voter Intent: 

Statutory guidance provided

See the Uniform Vote Counting Standards

State Has Audit Laws: 
Yes
Revision Notes: 

This information was updated 10/26/20 using the California Code of Regulations accessed here, and using the 2019 California Elections Code