2007 California Elections Code Article 2. Automated Count In A Central Location

CA Codes (elec:15200-15213)

15200.  If paper ballots are used in conjunction with this system,
counting shall be as provided in Article 5 (commencing with Section
15270) and Article 6 (commencing with Section 15290).



15201.  (a) As soon as the polls are closed, the precinct board
shall, in the presence of the public do all of the following:
   (1) Seal the container used to transport voted ballots and insure
that the precinct number is designated on the ballot container.
   (2) Certify, sign, and seal the several packages or envelopes as
directed by the elections official.
   (3) By not less than two of their number, deliver the ballot
container and packages to the elections official at the central
counting place in the manner prescribed by the elections official.
The ballot container and packages shall remain in their exclusive
possession until delivered to the elections official.
   (b) This section also applies to ballots counted manually pursuant
to Article 6 (commencing with Section 15290).




15202.  If the ballots are to be counted at a central counting
place, no fewer than two precinct board members shall, following the
close of the polls, deliver the ballots, in a sealed container, to
the central counting place or a designated receiving station.  There
may be two or more central counting places.



15203.  The vote tabulating device may be located at any place
within the state approved by the elections official of the county or
other political subdivision using the device.  The same device may be
jointly owned, borrowed, leased, or used by two or more counties,
cities, or other political subdivisions to tabulate ballots cast in
any election.



15204.  All proceedings at the central counting place, or counting
places, if applicable, shall be open to the view of the public but no
person, except one employed and designated for the purpose by the
elections official or his or her authorized deputy, shall touch any
ballot container.  Access to the area where electronic data
processing equipment is being operated may be restricted to those
persons authorized by the elections official.



15205.  (a) A person may be employed to count, tally, and certify
the ballots if he or she is not a candidate at the election and if he
or she satisfies either of the following requirements:
   (1) Has the qualifications required for a precinct board member.
   (2) Is a deputy or employee of either of the following:
   (A) The governing board.
   (B) The elections official.
   (b) No person selected to count ballots need reside in any
particular precinct.


15206.  The elections official or any deputy authorized by the
elections official may excuse or dismiss any person from any counting
board and enforce the order.



15207.  The elections official or authorized deputy shall segregate
the persons employed to count the ballots into counting boards.
These counting boards shall be deemed to be precinct boards, and are
subject to all laws governing precinct boards where ballots are
counted at the polling place.



15208.  Each container of ballots shall be opened and its contents
removed.  The ballots shall be checked to ascertain if the ballots
are properly grouped and shall be arranged, if necessary, so that all
similar ballots from the precinct are together.
   Any ballot that is torn, bent, or mutilated shall be segregated in
the manner directed by the elections official and a duplicate shall
be prepared as provided in Section 15210.  Any ballot that is marked
in a manner so as to identify the voter shall be marked "Void" and
shall be placed in the container for void ballots.



15209.  Any magnetic or electronic storage medium used for the
ballot tabulation program and any magnetic or electronic storage
medium containing election results shall be kept in a secure location
and shall be retained for six months following any local election
and 22 months following any federal election or so long thereafter as
any contest involving the vote at the local or federal election
remains undetermined.



15210.  In preparing the voted ballots for processing, any ballot
that is torn, bent, or otherwise defective shall be corrected so that
every vote cast by the voter shall be counted by the automatic
tabulating equipment.  If necessary, a true duplicate copy of the
defective ballot shall be made and substituted therefor, following
the intention of the voter insofar as it can be ascertained from the
defective ballot.  All duplicate ballots shall be clearly labeled
"duplicate," and shall bear a serial number that shall be recorded on
the damaged or defective ballot.



15211.  If paper ballots are used for vote by mail voting, the
canvass may be conducted in accordance with Chapter 1 (commencing
with Section 15000), or the elections official may have a true
duplicate copy of vote by mail voter paper ballots made on punchcard
ballots that shall be verified in the presence of witnesses. After
verification the punchcard ballots shall be counted in the same
manner as other punchcard ballots.



15212.  If voting at all precincts within a county is not conducted
using the same voting system, the result as to the precincts not
subject to this article shall be determined in accordance with other
provisions of this code and the result of the vote at precincts
subject to this article shall be determined as provided in this
article. The statement of the vote in that case shall represent the
consolidation of all the results and the results of the canvass of
all vote by mail voter ballots.



15213.  In case of an emergency in which it becomes impossible to
transport the ballots from the precinct to a central counting place,
the elections official may direct that the ballots be counted at the
precinct.  In those cases, counting shall be conducted substantially
in accordance with Article 5 (commencing with Section 15270).