Recount laws in California

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in California. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in California.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes. For multi-county or statewide races, the request must be made within five days starting the 31st day after election day. For single-county races, the request must be made within five days of the county canvass. No margin is required. There is no deadline for the completion of voter-requested recounts. Deadlines vary for other types of requested recounts.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome in favor of the requester. If the outcome does not change, the requester may receive a refund if the amount paid was greater than the cost of the recount.
  • Can a partial recount be requested?
    • Yes.
  • What about recall elections? Are they subject to recounts?
    • According to California Elections Code § 11328, a "recall election shall be conducted canvassed, and the results declared in substantially the manner provided by law for a regular election for the office." This suggests that recalls would be subject to the same recall rules as regular elections.[2]

California recount procedures

Automatic recount procedures

California does not require automatic recounts.

Requested recount procedures

Any voter may request a recount. The requester is responsible for the costs unless the recount changes the outcome of the election in favor of the requester. The deadline to request a statewide or multi-county recount is within five days before 5:00 p.m. on the fifth day, beginning on the 31st day after the election. The deadline to request a recount in an election taking place in a single county is within five days of the county's canvass.[3] There is no deadline for the requested recount's completion. As a voter, candidates may request recounts following these guidelines.

A court may also order one or more recounts if a request from a district attorney is made within 25 days following an election. The district attorney must have probable cause to believe that misconduct occurred or mistakes were made when tabulating the election results. The court may order payments to cover the costs of the recount(s).[3]

An election official may order a recount if he or she believes ballots in the precinct have been miscounted and there is no explanation as to why the miscounting occurred.

The governor may order a recount paid for by the state within five days after the Secretary of State files a statement of the vote. In order for the governor to request a recount, there must be a close vote margin of either 1,000 votes or 0.015% of the total vote, whichever is less, between the winning and losing candidate or position, in the case of ballot measures.[4] In a primary election, the deadline to complete such a recount is three business days before the Secretary of state publishes the official candidate list for the general election. In a general election, the deadline is within 60 days of the order.

A write-in candidate may request a hand tally of undervotes under certain circumstances, which can be found here.

For more information about recount procedures in California, click here.

California voting equipment

See also: Voting methods and equipment by state

California uses paper and Direct Recording Electronic (DRE) systems for its elections. The state requires a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record." [5][6]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Justia, "California Code 15620-15634," accessed October 16, 2020
  2. ↑ California Elections Code, "Section 11328," accessed September 14, 2021
  3. ↑ 3.0 3.1 Justia, "CHAPTER 9 - Recount," accessed Oct. 16, 2020
  4. ↑ The governor's ability to call a recount of the office of Superintendent of Public Instruction is subject to different requirements, which can be found here.
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. ↑ A court may order a recount under Arizona law.
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  11. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  12. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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