Current through Register 2022 Notice Reg. No. 14, April 8, 2022
NOTE: See Executive Order N-34-20 (2019
CA EO 34-20), issued in response to the COVID-19 pandemic, which extends
certain deadlines relating to the presidential primary and special general
(a) The audit
board shall locate and retrieve, or observe the location of and retrieval by
elections official or election staff of, each randomly selected ballot card
from the appropriate storage container. The audit board shall verify that the
seals on the appropriate storage containers are those recorded on the
applicable chain of custody log.
(b) The audit board shall examine each
randomly selected ballot card. If the selected ballot card was duplicated prior
to tabulation, the audit board shall retrieve the original ballot card and
report how the original (rather than the duplicate) was marked.
The audit board shall interpret voter
markings on ballot cards selected for audit in accordance with Elections Code
. If the
audit board members cannot unanimously agree on the voter's intent, they shall
indicate their disagreement in the final report in section
They shall then notify the elections official of the disagreement, who shall
arbitrate the issue. The elections official may:
(1) Instruct the audit board members to
replace the ballot card with another ballot card, selected at random, that
contains the same contests as the previously selected ballot card;
(2) Instruct the audit board members to
submit to the RLA software tool that no consensus can be reached on the voter
(3) Make a final
determination of the voter markings and instruct the audit board to submit the
voter markings or choices in all audited contests to the RLA software
(d) The audit board
shall record the voters' choices in every contest on every ballot card selected
for audit. Those choices shall be entered into the RLA tool.
(e) The audit shall continue until the risk
limit is met for every contest being audited pursuant to section 20114. If the
RLA software tool specifies that further auditing is required to meet the risk
limit, it will randomly select additional ballot card(s) from the ballot
manifest to be examined manually. The elections official shall retrieve those
additional ballot card(s) as described in (a), examine those additional ballot
card(s) as described in (b) and (c), and record the voters' choices as
described in (d).
(f) If the
elections official chooses to perform a full manual tally of one or more
contests, the audits of those contests will be deemed to have met the risk
limit and the results of the full manual tally shall be the official results
for those contest(s).
(g) The RLA
shall be completed no later than the canvass deadline, as specified by Section
of the Elections Code.