What are the rules for recounts and post-election audits?

In California, recounts and post-election audits are regulated by the Election Code, the California Constitution, and other state regulations. In recounts, the order of preference is for the recount to be conducted by hand, then by a mechanical device, such as an optical scanner, and then by an electronic device, such as a computerized system. The rules for recounts differ based on the type of election and the type of recount. For example, in primary or general elections, recounts must be requested by a candidate for office or by a voter who was eligible to vote in the election. In special elections, such as a presidential primary or a recall election, the rules allow recounts to be requested by the governing board of the county in which the election occurred. A post-election audit is a random sampling of ballots to determine whether any counting errors or irregularities occurred during an election. Generally, the audit must include a sample of at least 3% of the total ballots cast in the election. The results of the audit must be submitted to the appropriate election authorities to determine if a recount is necessary. In California, either the Secretary of State or a county election official can request an audit or recount if they believe there were irregularities or errors in the counting or tallying of the votes. In summary, recounts and post-election audits in California are regulated by the Election Code, the California Constitution, and other state regulations. The rules vary based on the type of election and the type of recount or audit. Audits must include a sample of at least 3% of the total ballots cast, and can be requested by either the Secretary of State or a county election official if there is believed to have been an irregularity or error in the counting or tallying of the votes.

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