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California Laws | Election Code

Article 6. Ballot Security and Reporting of Results (15370-15376) (5293)(Text)

15370. After ballots are counted and sealed, the elections official may not open any ballots nor permit any ballots to be opened except as permitted in Sections 15303 and 15304, or in the event of a recount. (5294)

15371. Upon completion of the count, the elections official shall add to the results as so determined, the results of the write-in votes and any paper ballots used as certified by the precinct board, and thereupon shall declare the vote, and forthwith post one copy at the counting place for public inspection. (5295)

15372. The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 28 days of the election or, in the case of school district, community college district, county board of education, or special district elections conducted on the first Tuesday after the first Monday in November of odd-numbered years, no later than the last Monday before the last Friday of that month. (5296)

15373. When ballots are counted under this article, the result of the vote shall be shown by precinct. (5297)

15374. (a) The statement of the result shall show all of the following: (5298)

(1) The total number of ballots cast. (5299)

(2) The number of votes cast at each precinct for each candidate and for and against each measure. (5300)

(3) The total number of votes cast for each candidate and for and against each measure. (5301)

(b) The statement of the result shall also show the number of votes cast in each city, Assembly district, congressional district, senatorial district, State Board of Equalization district, and supervisorial district located in whole or in part in the county, for each candidate for the offices of presidential elector and all statewide offices, depending on the offices to be filled, and on each statewide ballot proposition. (5302)

15375. The elections official shall send to the Secretary of State within 31 days of the election in an electronic format in the manner requested one complete copy of all results as to all of the following: (5303)

(a) All candidates voted for statewide office. (5304)

(b) All candidates voted for the following offices: (5305)

(1) Member of the Assembly. (5306)

(2) Member of the Senate. (5307)

(3) Member of the United States House of Representatives. (5308)

(4) Member of the State Board of Equalization. (5309)

(5) Justice of the Court of Appeal. (5310)

(6) Judge of the superior court. (5311)

(c) All persons voted for at the presidential primary. The results for all persons voted for at the presidential primary for delegates to national conventions shall be canvassed and shall be sent within 28 days after the election. (5312)

(d) The vote given for persons for electors of President and Vice President of the United States. The results for presidential electors shall be endorsed "Presidential Election Returns" and shall be canvassed and sent within 28 days after the election. (5313)

(e) All statewide measures. (5314)

(f) The total number of ballots cast. (5315)

15376. The elections official shall deliver a duplicate of the certified statement of the result of votes cast to the chairperson of the county central committee of each party. (5316)

CHAPTER 5. ANNOUNCEMENT OF RESULTS (15400-15402) (5317)(Text)

15400. The governing body shall declare elected or nominated to each office voted on at each election under its jurisdiction the person having the highest number of votes for that office, or who was elected or nominated under the exceptions noted in Section 15452. The governing board shall also declare the results of each election under its jurisdiction as to each measure voted on at the election. (5318)

15401. The elections official shall make out and deliver to each person elected or nominated, as declared by the governing body, a certificate of election or nomination, signed and authenticated by the elections official. (5319)

15402. Whenever a candidate whose name appears upon the ballot at any election dies after the 68th day before the election, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term. (5320)


Article 1. General Provisions (15450-15452) (5322)(Text)

15450. A plurality of the votes given at any election shall constitute a choice where not otherwise directed in the California Constitution, provided that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. (5323)

15451. The nominees for a voter-nominated office shall be determined in accordance with Section 8141.5 and subdivision (b) of Section 8142. (5324)

15452. The person who receives a plurality of the votes cast for any office is elected or nominated to that office in any election, except: (5325)

(a) An election for which different provision is made by any city or county charter. (5326)

(b) A municipal election for which different provision is made by the laws under which the city is organized. (5327)

(c) The election of local officials in primary elections as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8. (5328)

(d) The nomination of candidates for voter-nominated office at the primary election to participate in the general election for that office as specified in Article 8 (commencing with Section 8140) of Part 1 of Division 8. (5329)

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