What is the process for recounts and contesting election results?
In California, recounts and contesting election results involve a very specific process. To begin, if the difference between the votes for the two candidates is less than one-half of one percent, then a recount must be conducted. The California Secretary of State will order the recount and each county election official will recount the votes. The counties will provide a written report to the Secretary of State with the results of the recount. After the recount is conducted, any candidate may contest the results of the election. To do this, the candidate must present a statement of contest to either the county board or the Secretary of State. The statement must include the basis for contesting the election and a full and specific explanation of the facts on which the contest is made. Once the statement is received, the county board or Secretary of State must notify the other candidate of the contest and set the date the contest will be heard. For the contest hearing, the candidate that filed the statement will have the opportunity to present evidence in support of the contest. The hearing must be held within 28 days of the contest being filed. After the hearing is conducted, the board or Secretary of State will make a decision regarding the contest. If the contest is decided in favor of the contesting candidate, the election will be voided and the candidates will then have to participate in another election. If the contest is denied, then the election results will stand. Ultimately, recounts and contesting election results in California is an extensive process. It is important for candidates to fully understand and prepare for this process before filing a statement of contest or contesting the results of the election.
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