Section 20355 - Cost of Recount(a) The elections official shall estimate the costs necessary to produce relevant material and the requestor shall pay an advance deposit of the estimated amount at least one day prior to the materials being produced. (b) The requestor or designee shall pay the advance deposit using cash, cashier's check or money order at the time established by the elections official in accordance with Elections Code section 15624 and the minimum number of hours specified by Elections Code section 15626. At the elections official's discretion, electronic payment by credit or debit card may be accepted. (1) If a designee is appointed by the requestor to submit a payment or deposit, the requestor shall make the designation in writing, and a copy of the written designation shall be submitted to the elections officials. (c) At least one day prior to the commencement of the recount, the elections official shall determine the estimated cost for the first day of the recount and shall advise the requestor in writing of the advance deposit required. The requestor shall, before the recount is commenced, deposit this amount with the elections official. The same procedure shall be followed for each subsequent day of the recount. Daily estimates may vary based upon experience or additional requests made during the course of the recount. (d) All actual costs of the recount that would not have been incurred but for the requestor's particular recount request shall be directly recoverable from the requestor and may include, but are not limited to, additional supervision hours, security guard hours, the elections official's staff hours, space rental, transportation of ballots and materials and administrative costs. (e) The elections official shall issue a receipt for payment of the deposits and shall maintain a daily log of estimated costs, deposits, actual expenses and amount of refund due, if any. (f) If the advance deposit is not paid by a particular requestor, the elections official will terminate the recount of precincts specified by that requestor. (g) When the recount is completed or discontinued, any amount collected from a voter requesting the recount, which exceeds the actual costs, shall be refunded to that requestor. (h) If upon completion or discontinuation of the recount actual costs exceed the prepaid estimated costs, the elections official shall charge and the requestor shall pay the additional amount.Cal. Code Regs. Tit. 2, § 20355
Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 15601, Elections Code. Reference: Sections 15624 and 15625, Elections Code.
1. Renumbering of section 20815 to new section 20355, including amendment of section, filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).