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HomeElections CodeDiv. 15Ch. 9Art. 5§ 15645 Statewide Vote Recount Rules

§ 15645 Statewide Vote Recount Rules

Elections Code·California
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§ 15645 Statewide Vote Recount Rules

This law lets the Governor (or the Secretary of State for the Governor's race) order a state‑paid hand‑count of all votes for a statewide office or ballot measure when the race is extremely close, using specific vote‑difference limits.

Key Takeaways

  • •A recount can be ordered when the vote gap is ≤ 1,000 votes or ≤ 0.015% of all votes, whichever is smaller.
  • •Special tighter rules apply to the Superintendent of Public Instruction race.
  • •Only the Governor (or the Secretary of State for the Governor’s race) can order the recount, and only one recount may be done.
  • •The state must quickly pay back counties for the cost of the recount.

Example

In a statewide general election for Attorney General, Candidate X gets 5,002,000 votes and Candidate Y gets 5,001,200 votes.

The vote gap is 800. Because 800 is less than both 1,000 votes and 0.00015 × total votes (which is about 1,500), the Governor can order a manual recount of every vote for that office.

How to Calculate

Recount threshold = min(1,000 votes, 0.00015 × total votes cast)

  1. Find the total number of votes cast for the office or measure.
  2. Multiply that total by 0.00015.
  3. Compare the result to 1,000 and keep the smaller number – that is the maximum vote gap that still triggers a recount.
  4. Subtract the second‑place vote total from the first‑place (or compare the two closest candidates) to get the actual vote gap.
  5. If the actual gap is less than or equal to the threshold from Step 3, a state‑funded manual recount can be ordered.

Attorney General race with 10,003,200 total votes cast.

Result: 0.00015 × 10,003,200 = 1,500.48; min(1,000, 1,500.48) = 1,000. Since the actual gap (800) ≤ 1,000, a recount is allowed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 15645 Statewide Vote Recount Rules

(a) (1) Within five days after the Secretary of State files a statement of the vote, as required by subdivision (b) of Section 15501, the Governor may order a state-funded manual recount of all votes cast for a statewide office or state ballot measure if any of the following occurs, except as provided in paragraph (3): (A) The official canvass of returns in a statewide primary election shows that the difference in the number of votes received by the second and third place candidates for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office except as provided in paragraph (2). (B) The official canvass of returns in a statewide general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes for a statewide office is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. (C) The official canvass of returns in a statewide election shows that the difference in the number of votes cast for and against a state ballot measure is less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast on the measure. (2) The Governor shall not order a state-funded manual recount of all votes cast for the office of Superintendent of Public Instruction pursuant to this section unless the official canvass of returns in a statewide primary election shows either of the following: (A) The number of votes received by the candidate receiving the greatest number of votes was either of the following: (i) Between 0.49985 and 0.50015, inclusive, of the number of all votes cast. (ii) Within 1,000 votes of 50 percent of the number of all votes cast. (B) No candidate for the office of Superintendent of Public Instruction received votes on a majority of all the ballots cast for candidates for that office and the difference in the number of votes received by the second and third place candidates for that office was less than or equal to the lesser of 1,000 votes or 0.00015 of the number of all votes cast for that office. (3) If the conditions set forth in paragraph (1) are satisfied with respect to the number of votes cast for the office of Governor, the Secretary of State, but not the Governor, may order a state-funded manual recount pursuant to this section. (4) For purposes of this subdivision, “statewide office” means the office of Governor, Lieutenant Governor, Attorney General, Controller, Insurance Commissioner, Secretary of State, Superintendent of Public Instruction, Treasurer, or Member of the United States Senate. (b) If a state-funded recount is conducted pursuant to this section, no other recount shall be conducted. (c) The State shall reimburse counties for costs resulting from conducting a manual recount pursuant to this section in an expeditious manner upon certification of those costs. (Added by Stats. 2015, Ch. 723, Sec. 8. (AB 44) Effective January 1, 2016.)

Last verified: January 10, 2026

Key Terms

state-funded manual recountstatewide officestate ballot measureofficial canvass of returns

Related Statutes

  • § 15646 Statewide Recount Procedures
  • § 15647 Article 3 Application Rules
  • § 15648 Secretary'S Rulemaking Authority
  • § 15649 Recount Funding Requirements
  • § 18581 Election Intimidation Prohibition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 15645.
View Official Source