Section 20299 - Manual Tally Plan(a) Prior to conducting a manual tally pursuant to paragraph (1) of subsection (a) of section 20298 the elections official shall submit a Manual Tally Plan to the Secretary of State no later than 80 calendar days prior to the date of the election.(b) The Secretary of State shall approve or reject the Manual Tally Plan, no later than 70 calendar days prior to the date of the election.(c) The Secretary of State shall reject a Manual Tally Plan if:(1) It is missing any of the specified requirements listed below in subsection (f).(2) The provided requirements lack sufficient detail to fully describe each element listed below in subsection (f).(3) Any element of the Manual Tally Plan does not comply with state or federal law.(4) The Manual Tally Plan is insufficient to ensure that the elections official will be able to comply with state or federal law.(d) If the Manual Tally Plan is rejected the Secretary of State shall provide a written list of any deficiencies in the plan and:(1) The elections official shall have 10 calendar days from the date of the rejection to amend and resubmit the plan to the Secretary of State.(2) The Secretary of State shall then have 10 calendar days from the date of resubmission to approve or reject the resubmitted Manual Tally Plan. If the Manual Tally Plan is rejected after resubmittal, the elections official shall tabulate the ballots using a certified voting system and consistent with state and federal law.(e) If the Manual Tally Plan is approved, the elections official shall:(1) Post the Manual Tally Plan in a conspicuous place at the office of the elections official, the location(s) where the manual tally takes place, and on the elections official's website, if available. If the elections official's website is available, the Manual Tally Plan shall be posted on the website within 5 calendar days of the Secretary of State approval.(2) Provide status updates to the Secretary of State on the implementation of the Manual Tally Plan at regular intervals: (A) At a minimum of every 15 calendar days from the date of approval until election day.(B) Weekly from election day until submission of the certified statement of the results pursuant to Elections Code section 15375.(C) If sufficient progress in implementation has not been made and it appears to the Secretary of State that the elections official's compliance with state and federal laws is at risk, the Secretary of State's approval of the Manual Tally Plan shall be revoked unless the jurisdiction can quickly remediate the lack of progress through actions like hiring additional staff, increasing hours of operation, or modifying the manual tally process, and the elections official shall be required to: (i) Use a voting system certified by the Secretary of State for purposes of tabulating and reporting election results; and(ii) Implement the contingency plan as required in subsection 20299(f)(3) of these regulations.(3) At least 15 calendar days before election day, certify to the Secretary of State that the jurisdiction has successfully obtained the resources identified in its Manual Tally Plan, including but not limited to staff, plans, facilities, security measures, and scanning and tabulating capabilities. If such certification is not provided, the Secretary of State's approval of the Manual Tally Plan shall be revoked, and the jurisdiction shall be required to use a voting system certified by the Secretary of State for purposes of tabulating and reporting election results.(f) The Manual Tally Plan shall include, but not be limited to: (1) The name of the jurisdiction submitting the manual tally plan and the contact information for the elections official, which shall include a phone number and email address.(2) A detailed description of the outreach and education that will be conducted to voters about how the voters' ballots will be counted and the timing for election results. The description shall include details on how the outreach and education will meet accessibility and language requirements pursuant to state and federal law.(3) A detailed description of how the manual tally will be conducted in order to meet the deadlines set forth in these regulations and the Elections Code. The elections official shall also include a detailed description of the contingency process in the event that deadlines set forth in these regulations are not met or if the manual tally plan approval is revoked.(4) The daily work schedule for the manual tally, which shall include the hours of operation, daily estimated number of ballots to be processed, approximate breaks, and lunch times.(5) A detailed description of how the counting boards, supervisors, cumulating boards, and any other staff assigned to participate in the manual tally will be trained and organized to conduct the tally.(6) The total number of counting boards, supervisors, cumulating boards, and any other assigned staff that will be required to complete the manual tally accurately, timely, and securely. The total number shall include sufficient back-up staff to account for unknowns or uncertainties, which includes but is not limited to unexpected high voter turnout, failure for counting board members to report for counting, and slowness in counting board performance.(7) A detailed description of the process to check in, check out, and monitor the members of the counting boards, supervisors, cumulating boards, and any other staff assigned to participate in the manual tally. This plan shall include a description of how the use of cell phones, cameras, and audio or video recording devices in the location where the manual tally is conducted shall be restricted.(8) A detailed description of the physical location(s) where the manual tally will be conducted. The description shall include:(A) The security at the location for ballots, forms, counting boards, supervisors, cumulating boards, and other staff assigned to participate in the manual tally; and(B) The planned setup of the location, including but not limited to the spacing of the tables and designated observation spaces.(9) A detailed description of the process to prepare the ballots for counting, including but not limited to the sequential serial numbering of ballots, capturing of ballot images, and sorting the ballots into batches.(10) A detailed description of how the chain of custody will be maintained for the ballots, manual tally forms, and cumulating board documentation, including how they will be collected, transported, delivered, distributed, monitored, stored, and secured.(11) A detailed description of how the manual tally will work in conjunction with the use of the voting system. This description shall include at a minimum how ballot set up, accessible voting devices, and tabulation will work together in accordance with the certified voting system use procedures, including compliance with Elections Code section 15003.(12) A detailed description of how the manual tally results will be verified and audited using a certified voting system tabulator.(13) A detailed description of the process to distribute, monitor, collect, and secure the manual tally forms as described in section 20301 of these regulations.(14) A description of the distribution, monitoring and collection of writing devices to be provided by the elections official for the counting boards to use when conducting a manual tally. No member of a counting board shall use or bring their own writing device to the physical location where the ballots will be counted. The writing device shall be provided by the elections officials and the assigned color shall change daily for security purposes. Additionally, the elections official may limit the presence of personal items, such as food and beverages, backpacks, purses, and bags.(15) A detailed description of how the elections official will provide reasonable access to the manual tally process for observation consistent with Title 2, Division 7, Chapter 8.2 of the California Code of Regulations.(16) A detailed description of how the elections official will record, document, and resolve issues and discrepancies, which shall at a minimum include the difference in totals between the two tally keepers, the difference in totals between the tally keepers and the cumulating board, and the difference in totals between what was calculated from the manual tally forms and the certified voting system tabulator results during the conduct of the manual tally.Cal. Code Regs. Tit. 2, § 20299
Note: Authority cited: Section 12172.5, Government Code; and Section 15270.2, Elections Code. Reference: Sections 15003, 15270, 15270.1, 15270.2, 15271, 15272, 15273, 15274, 15275, 15276, 15277, 15278, 15278.5, 15279 and 15280, Elections Code; and Section 12172.5, Government Code.
1. New section filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).