Duties of Secretary of State for Voting Results

The California Elections Code specifies certain duties for the Secretary of State related to the canvass of votes in this state. These provisions are contained in Division 15, Chapter 7. Section 15500 requires the Secretary of State, commencing with the first results from the semifinal official canvass received from elections officials, to compile the results for the offices and measures on the ballot until completed.

In addition, the Secretary of State is required to immediately make public the results of the compilation of those offices and measures. The Secretary of State also must compile and make those results reported available to any person or organization upon request. Section 15501 requires the Secretary of State to compile the results for all of the following:

• All candidates for statewide office.

• All candidates for Assembly, State Senate, Congress, State Board of Equalization, Supreme Court, and Courts of Appeal.

• All statewide measures.

In addition, the Secretary of State is required to prepare, certify, and file a statement of the vote from the compiled results no later than the 38th day after the election. The Secretary of State must post the certified statement of the vote on his or her Internet Web site in a downloadable spreadsheet format. The certified statement of the vote is required to be posted and maintained on the Secretary of State’s Internet Web site for a period of at least 10 years following the election.

Section 15502 states that, within 120 days of the filing of the statement of the vote, the Secretary of State must compile a supplement to the statement of the vote showing the number of votes cast in each county, city, Assembly district, senatorial district, congressional district and supervisorial district for each candidate for the offices of presidential elector, Governor, and United States Senator, and on each statewide ballot proposition.

Section 15503 specifies that, on the 38th day after the election, or as soon within that time as the returns have been received from the entire state or a congressional district, the Secretary of State must determine the votes cast for candidates for Senator and Representative and certify to the persons having the highest number of votes for the respective offices as duly elected.

Section 15504 requires the Secretary of State to make out and deliver, or transmit by mail, a certificate of election or nomination to each person elected or nominated. Section 15505 requires, no later than the 32nd day following the election, the Secretary of State to analyze the votes given for presidential electors, and certify to the Governor the names of the proper number of persons having the highest number of votes.

In addition, the Secretary of State is required to issue and transmit to each presidential elector a certificate of election. The certificate must be accompanied by a notice of the time and place of the meeting of the presidential electors and a statement that each presidential elector will be entitled to a per diem allowance and mileage in the amounts specified.