Sec. 20122 - Audit Procedures for Two-Phase Audit

ยง 20122. Audit Procedures for Two-Phase Audit

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 elections.

(a) An elections official conducting a two phase audit under subdivision (d) of section 20117 shall do so in accordance with this section.

(b) In the first phase of the audit, the elections official shall enter the following information into the RLA software tool:

(1) the initial ballot manifest for all ballot card(s) tabulated as described in subdivision (d) of section 20117;

(2) the results for all ballot card(s) tabulated that are included in the initial ballot manifest;

(3) if a ballot-level comparison audit is being conducted, the cast vote records for all ballot card(s) tabulated that are included in the initial ballot manifest; and

(4) the maximum number of ballots to be tabulated.

(c) If the RLA software tool identifies any inconsistencies in the information entered under subdivision (b), the elections official shall resolve the inconsistencies before the audit proceeds.

(d) After the data have been submitted under subdivisions (b) and (c), the elections official shall generate the random seed pursuant to section 20120.

(e) The elections official shall enter the random seed into the RLA software tool. The RLA software tool will randomly generate a list of particular ballot card(s) or batches of ballot card(s) from the ballot manifest to examine manually.

(f) In the second phase of the audit, the elections official shall enter the following information into the RLA software tool:

(1) the final ballot manifest for all ballot card(s) tabulated as described in subdivision (d) of section 20117;

(2) the results for all ballot card(s) tabulated that are included in the final ballot manifest; and

(3) if a ballot-level comparison audit is being conducted, the cast vote records for all ballot card(s) tabulated that are included in the final ballot manifest.

(g) If the RLA software tool identifies any inconsistencies in the information entered under subdivision (f), the elections official shall resolve the inconsistencies before the audit proceeds.

(h) The RLA software tool will identify whether the audit can stop or whether further auditing is required to meet the risk limit. If further auditing is required, the RLA software tool will randomly select additional particular ballot card(s) from the final ballot manifest to be examined manually.

(i) The elections official may at any point decide to conduct a full manual tally of any contest(s) whose outcomes have not yet been confirmed by the RLA. In the event that the elections official conducts a full manual tally, the RLA of that contest shall be suspended. Such a manual tally shall follow the procedure specified in Elections Code section 15290.

(1. New section filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 10). 2. Governor Newsom issued Executive Order N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain deadlines relating to the presidential primary and special general elections, due to the COVID-19 pandemic. 3. Amendment of subsections (d)-(e), repealer of subsection (h) and subsection relettering filed 9-10-2020 as an emergency; operative 9-10-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 7-9-2021 or emergency language will be repealed by operation of law on the following day.)

Note: Authority cited: Section 12172.5, Government Code; and Section 15367, Elections Code. Reference: Section 15290, Elections Code.

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