California Code of Regulations

Title 2. Administration

Division 7. Secretary of State

Chapter 4.7 One Percent Manual Tally

20310. General Provisions.

  1. Pursuant to Elections Code section 15360, during the official canvass of every election in which a voting system is used, the elections official conducting the election shall conduct a one percent manual tally of the ballots tabulated by those devices, including vote-by-mail ballots.
  2. The elections official shall not randomly choose the initial precincts or select an additional precinct for the manual tally until after the close of the polls on election day.
  3. An elections official conducting a one percent manual tally shall do so in accordance with the provisions of this chapter.

Note: Authority cited: Section 12172.5, Government Code; and Section 15360, Elections Code. Reference: Section 15360, Elections Code.


20311. Definitions.

As used in this Chapter, the following terms have the following meanings:

  1. “Ballot” shall have the meaning set forth in Elections Code section 301.
  2. "Chain of Custody” means a process used to track the movement and control of all election materials related to the conduct of a one percent manual tally through its lifecycle by documenting each person and organization who handles the one percent manual tally election materials, the date and time it was collected or transferred, and the purpose of the transfer. A break in the chain of custody refers to a period during which control of the one percent manual tally election materials is uncertain and during which actions taken with the one percent manual tally elections materials are unaccounted for or unconfirmed.
  3. “Election management system” shall have the meaning set forth in Elections Code section 2500.
  4. “Elections official” shall have the meaning set forth in Elections Code section 320.
  5. “One-part manual tally” is the process described in Elections Code section 15360, subdivision (a), paragraph (1).
  6. “One percent manual tally” shall have the meaning set forth in Elections Code section 336.5.
  7. “Public notice” means the release of information to the public through two or more of the following readily available communication channels: a website update, a social media post, an email list mailing, a press release, and a notice posted at a building open to the public. This public notice shall comply with Elections Code section 15360(d).
    1. Elections officials are encouraged to maintain an email mailing list of persons who would like to be notified about the one percent manual tally. If an elections official maintains such a list, public notice for the purposes of this Chapter must include sending an email to all persons on this list.
  8. “Two-part manual tally” is the process described in Elections Code section 15360(a)(2).
  9. “Voting system” shall have the meaning set forth in Elections Code section 362.

Note: Authority cited: Section 12172.5, Government Code; and Section 15360, Elections Code.  Reference: Sections 301, 320, 336.5, 362, 2500 and 15360, Elections Code.


20312. Public Notice and Observation.

  1. The elections official shall ensure that the one percent manual tally is observable by the public. The elections official shall provide:
    1. At least five days public notice prior to selection of ballots to tally pursuant to Elections Code section 15360(d). This notice shall include descriptions of how the one percent manual tally will be conducted, the methods for ensuring ballot security, information regarding the process for selecting ballots, the time and place of the selection of ballots to tally and the date the ballots will be tallied.
    2. Observers with an oral or written explanation of the one percent manual tally, a written code of conduct for observation, and any documentation they will need for informed and effective observation.
    3. The public the opportunity to observe ballots being retrieved and tallied.
    4. The public the opportunity to observe the voters’ marks on every tallied ballot.
  2. Observers may ask questions of a person designated by the elections official, provided the observers do not interfere with the conduct of the one percent manual tally.

Note: Authority cited: Section 12172.5, Government Code; and Section 15360, Elections Code. Reference: Section 15360, Elections Code.


20313. Selection of Ballots for Manual Tally.

  1. The elections official shall select precincts and batches of vote-by-mail ballots for the one percent manual tally independent of both the voting system and the election management system.
  2. The elections official shall use one of the following methods to randomly select precincts and batches of vote-by-mail ballots for the one percent manual tally:
    1. The elections official creates one identical, labeled object such as a slip of paper or ball for each item (precinct or batch of vote-by-mail ballots) to tally; places all of these items into a container; shuffles those items within the container; and then draws items one after the other until all required tally items are selected. Example: There are 123 possible precincts to select from. The elections official labels 123 table tennis balls with an identifier for each precinct and then places these balls into a large hopper. The elections official shakes the hopper for one minute to ensure the balls have been sufficiently shuffled. The elections official then reaches in and randomly grabs one ball to identify a precinct. The elections official then draws another ball, and so on.
    2. The elections official creates a list of precincts and batches of vote-by-mail ballots; sequentially numbers that list; and then identifies which item (precinct or batch of vote-by-mail ballots) to tally, by utilizing one of the following methods:
      1. Using a random number generator configured to return only numbers represented on that sequential list. Use the random number generator to identify all required tally items. Example: There are 123 possible precincts to select from. The elections official uses the “randbetween()” function in Microsoft Excel to identify a random number between 1 and 123. The elections official relates this number to the precinct in the list. The elections official refreshes this function to identify another random number, and so on.
      2. Rolling one or more fair 10-sided dice to identify each digit of the sequential number, starting with the highest value (left-most) digit. For any die roll that returns a number higher than one available for that digit, the elections official shall re-roll the die for that digit before proceeding to the next digit. Repeat this process for any additional tally item. Example: There are 123 possible precincts to select from. The elections official first rolls a die for the hundreds place digit, rolling until they get the number 0 or 1. They proceed to roll for the tens place digit and then the ones place digit. When that process is complete, they begin new die rolls to identify a second precinct to tally, and so on.
      3. Identifying each digit of a sequential number by randomly drawing one numbered object such as a slip of paper for each digit, starting with the highest value (left-most) digit. Repeat this process for any additional tally item. Example: There are 123 possible precincts to select from. The elections official first identifies the hundreds place digit by drawing from two slips of paper labeled 0 and 1. They proceed to pull slips of paper for the tens place digit and then the ones place digit. When that process is complete, they start the process over to identify a second precinct to tally, and so on.
      4. Placing this list into computerized spreadsheet software; assigning a random number next to each item using a function in that spreadsheet tool; sorting those randomly assigned numbers in either ascending or descending order; and then selecting items starting at the top until the requisite number of items is identified. Example: A list of 123 precincts is added to Microsoft Excel by placing each precinct on in its own cell in sequential rows. The elections official uses Excel’s randbetween() function to assign a random number greater than or equal to 0 and less than 1 next to each cell. The elections official converts these random numbers to static text so that they will not change when the list is sorted. The elections official sorts these now-static random numbers, along with the precincts in the neighboring cells, in descending order. The elections official selects the top two items in this sorted list.
  3. If the elections official, at their discretion, selects additional precincts, batches, or contest(s) beyond the one percent manual tally, they shall do so after randomly identifying ballots to tally. The elections official may not use this discretionary selection to identify one percent of precincts or batches of vote-by-mail ballots in lieu of any portion of the random selection.

Note: Authority cited: Section 12172.5, Government Code; and Section 15360, Elections Code. Reference: Section 15360, Elections Code.


20314. Chain of Custody.

  1. The elections official shall maintain and document at all times the chain of custody for each ballot included in the one percent manual tally. Ballots shall be kept securely, and the chain of custody maintained at all times during the one percent manual tally.
  2. Chain of custody logs shall be available for public inspection after the canvass of the election pursuant to Division 15, Chapters 2 through 4, of the Elections Code is complete.
  3. The elections official shall secure and maintain in sealed ballot containers all tabulated ballots.
  4. The elections official shall establish written procedures to ensure the security, confidentiality, and integrity of any ballot cards, cast vote records, or any other data collected, stored, or otherwise used pursuant to this section. 

Note: Authority cited: Section 12172.5, Government Code; and Section 15360, Elections Code. Reference: Section 15360, Elections Code.


20315. Reporting of Results.

  1. The elections official conducting a one percent manual tally shall immediately upon conclusion and prior to certifying the results pursuant to Elections Code section 15372, publish a report of results for the one percent manual tally on their website.
  2. The elections official conducting a one percent manual tally shall report the results in the certification of the official canvass of the vote pursuant to Elections Code section 15372. For elections involving statewide contests, this would be the Secretary of State. For elections involving local contests, this would be the governing board such as the county board of supervisors.
  3. The report required by subsection 20315(a) and 20315(b) above shall contain the following:
    1. The manual tally method used: one-part manual tally or two-part manual tally.
    2. The date and time the public notice required by Section 20312 was provided, and a copy of the notice.
    3. A link to the internet website where additional information about the one percent manual tally is posted, if applicable.
    4. The date and time the one percent manual tally commenced, beginning with the random selection required by Section 20313.
    5. The date and time the one percent manual tally finished.
    6. The estimated number of members of the public who observed the process.
    7. The total number of ballots counted in the election, which shall be the official canvass numbers.
      1. While the one percent manual tally may commence in advance of the confirmation of the official canvass numbers, these numbers will be available at the time of certification which shall coincide with the certification of the official canvass.
      2. The total number of ballots shall be segregated by type: polling place or vote center, including provisional ballots; and vote-by-mail.
    8. The total number of ballots manually tallied.
      1. The total number of ballots shall be segregated by type: polling place or vote center, including provisional ballots; and vote-by-mail.
    9. The total number of precincts and batches of vote-by-mail ballots in the election, and a list describing each and the number of ballots in each, indicating whether ballots are polling place, vote center, vote-by-mail, or provisional.
    10. The total number of precincts and batches of vote-by-mail ballots selected for the manual tally.
    11. The method used to choose precincts and batches of vote-by-mail ballots to include in the tally.
      1. For the random selection method, indicate which of the methods from Section 20313 was used.
      2. For any discretionary, additional precincts and batches of vote-by-mail ballots, describe the reason those were selected.
    12. A description of any discrepancies noted, including details about each discrepancy and how it was resolved.
    13. Notes on anything unusual or problematic, or that would be useful to improve the process, or that might be of value to the Secretary of State or other elections officials.
    14. A certification from the elections official that the one percent manual tally was conducted in accordance with Elections Code section 15360(e), and this Chapter.
    15. The name and signature of the elections official submitting the report and the date submitted.
  4. The Secretary of State shall publish any report under this section received from an elections official on its website no later than ten business days after the date it publishes the certification of the official canvass of the vote in accordance with Elections Code section 15372. This subdivision shall not prohibit the elections official from publishing the same report on its website.

Note: Authority cited: Section 12172.5, Government Code; and Section 15360, Elections Code. Reference: Sections 15360 and 15372, Elections Code.