Section 20363 - Challenges(a) A challenged ballot shall be set aside with a notation indicating the precinct number, the method by which it was originally counted for the official canvass, e.g., voting system, scanner or hand count, the challenge number assigned to the ballot, the reason for the challenge, and the identity of the person making the challenge.(1) A ballot that was counted in the official canvass, including a counted vote-by-mail or provisional ballot, may be challenged only on grounds visible on the face of the ballot so that the ballot can be isolated and removed from the count if the elections official determines that the ballot was not properly cast.(2) A voted ballot that was not counted in the official canvass, including a rejected unopened vote-by-mail or provisional ballot, may be challenged and added to the count if the elections official determines that the ballot was properly cast.(b) Resolution of challenged ballots shall take place in a segregated area within the recount location, separate from that being used to perform the recount, as determined by the elections official, to avoid confusion and mixing of ballots.(c) Challenges shall be resolved each day after all special recount boards complete their work, or more often if necessary, as determined by the elections official, but in any event before the conclusion of all recount proceedings. The determination of the elections official on a challenge shall be final. The elections official shall maintain a record of each challenge and the determination on each challenge.Cal. Code Regs. Tit. 2, § 20363
Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 15601, Elections Code. Reference: Sections 15625 and 15631, Elections Code.
1. Renumbering of section 20823 to new section 20363, including amendment of subsections (a)-(a)(2), filed 6-27-2024; operative 6/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).