1. (a) When conducting a manual tally pursuant to paragraph (1) or (4) of subsection (a) of section 20298, the elections official shall establish a sufficient number of counting boards to conduct the manual tally.
2. (b) For each contest (i.e., office or proposition) to be counted, the counting board shall consist of no less than four individuals and be bipartisan in composition, to include representation from more than one qualified political party and representation from voters with no party preference, if feasible.

3. (c) The individuals appointed to each counting board shall meet the same general provisions and qualifications of a precinct board member as outlined in Elections Code sections 12300-12303, 15205, 15207, and 15290. The appointment of counting boards shall comply with all applicable:

   1. (1) County ordinances, codes, and policies; and
   2. (2) State and federal laws.

4. (d) The roles of the counting board members shall be as follows at all times:

   1. (1) At least one counting board member shall serve as the reader and shall read from the ballot.
   2. (2) At least one counting board member shall serve as the observer and shall keep watch of each vote read to check for any possible error or omission on the part of the reader.
   3. (3) At least two of the counting board members shall each keep a manual tally form prescribed by the elections official. Each tally keeper of the counting board shall, with the provided writing device, record a hash mark for each name or measure as the name of each candidate or measure voted upon is read aloud by the reader and verified by the observer from the respective ballot.

5. (e) Prior to conducting the manual tally, each member of a counting board shall complete and sign a declaration of intent to faithfully discharge the counting board duties. Each counting board member shall do so in the presence of the elections official on a form prescribed by the elections official. The elections official shall countersign the declaration. The declaration shall be in the following form:

   State of California

   County of

   }

   ss.

   I do hereby solemnly declare that I will support the Constitution of the United States and the Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of counting board member for the counting board number _____ for the election to be held on _____, 20 ___.

   Signed in the presence of _____ (Signature) _____ on _____, 20 ___.

Note: Authority cited: Section 12172.5, Government Code; and Section 15270.2, Elections Code. Reference: Sections 12320, 15102, 15270, 15270.1, 15270.3, 15271, 15272, 15273, 15275, 15276, 15277, 15278, 15278.5, 15279, 15280 and 15290, Elections Code.

History

1. New section filed 6-27-2024; operative 6-27-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).