2009 California Elections Code - Section 15360-15360.5 :: Article 5. One Percent Manual Tally

15360.  (a) During the official canvass of every election in which a
voting system is used, the official conducting the election shall
conduct a public manual tally of the ballots tabulated by those
devices, including vote by mail voters' ballots, cast in 1 percent of
the precincts chosen at random by the elections official. If 1
percent of the precincts is less than one whole precinct, the tally
shall be conducted in one precinct chosen at random by the elections
official.
   In addition to the 1 percent manual tally, the elections official
shall, for each race not included in the initial group of precincts,
count one additional precinct. The manual tally shall apply only to
the race not previously counted.
   Additional precincts for the manual tally may be selected at the
discretion of the elections official.
   (b) If vote by mail ballots are cast on a direct recording
electronic voting system at the office of an elections official or at
a satellite location of the office of an elections official pursuant
to Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to
subdivision (a) or conduct a public manual tally of those ballots
cast on no fewer than 1 percent of all the direct recording
electronic voting machines used in that election chosen at random by
the elections official.
   (c) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts or direct recording electronic voting machines subject to
the public manual tally.
   (d) The manual tally shall be a public process, with the official
conducting the election providing at least a five-day public notice
of the time and place of the manual tally and of the time and place
of the selection of the precincts to be tallied prior to conducting
the tally and selection.
   (e) The official conducting the election shall include a report on
the results of the 1 percent manual tally 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. In
resolving any discrepancy involving a vote recorded by means of a
punchcard voting system or by electronic or electromechanical vote
tabulating devices, the voter verified paper audit trail shall govern
if there is a discrepancy between it and the electronic record.

15360.5.  (a) During the official canvass of any election in San
Luis Obispo County, Santa Barbara County, Santa Clara County, or
Santa Cruz County conducted on June 8, 2010, June 22, 2010, or August
17, 2010, the official conducting the election may, in lieu of
subdivision (a) of Section 15360, conduct a public manual tally of
the ballots tabulated by the voting system used in the election by
completing all of the following:
   (1) A public manual tally of the ballots, not including vote by
mail ballots, cast in 1 percent of the precincts chosen at random by
the elections official. If 1 percent of the precincts is less than
one whole precinct, the tally shall be conducted in one precinct
chosen at random by the elections official. In addition to the 1
percent manual tally, the elections official shall, for each race not
included in the initial group of precincts, count one additional
precinct. The manual tally shall apply only to the race not
previously counted.
   (2) A separate public manual tally of not less than 1 percent of
the vote by mail ballots cast in the election. Batches of vote by
mail ballots shall be chosen at random by the elections official. For
the purposes of this section, "batch" means a set of ballots tallied
by the voting system and for which the voting system can produce a
report of the votes cast. In addition to the 1 percent manual tally
of the vote by mail ballots, the elections official shall, for each
race not included in the initial group of batches of vote by mail
ballots, count one additional batch of vote by mail ballots. The
manual tally shall apply only to the race not previously counted.
   (b) Additional precincts for the manual tally described in
subdivision (a) may be selected at the discretion of the elections
official.
   (c) If vote by mail ballots are cast on a direct recording
electronic voting system at the office of an elections official or at
a satellite location of the office of an elections official pursuant
to Section 3018, the official conducting the election shall either
include those ballots in the manual tally conducted pursuant to
subdivision (a) or conduct a public manual tally of those ballots
cast on not less than 1 percent of all the direct recording
electronic voting machines used in that election chosen at random by
the elections official.
   (d) The elections official shall use either a random number
generator or other method specified in regulations that shall be
adopted by the Secretary of State to randomly choose the initial
precincts, batches of vote by mail ballots, or direct recording
electronic voting machines subject to a public manual tally pursuant
to subdivision (a).
   (e) The manual tally conducted pursuant to subdivision (a) shall
be a public process, with the official conducting the election
providing at least a five-day public notice of the time and place of
the manual tally and of the time and place of the selection of the
precincts, batches, or machines from which ballots are to be tallied
prior to conducting the tally and selection.
   (f) The official conducting the election shall include a report on
the results of any 1 percent manual tally conducted pursuant to
subdivision (a) 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. In resolving any discrepancy
involving a vote recorded by means of a punchcard voting system or by
electronic or electromechanical vote tabulating devices, the voter
verified paper audit trail shall govern if there is a discrepancy
between it and the electronic record.
   (g) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.