The Elections Code requires county elections officials to commence the official canvass for an election no later than the Thursday following the election and to keep the canvass open to the public. The canvass must continue daily, except on weekends and holidays, for at least six (6) hours each day until the canvass is completed. Elections officials must prepare a certified statement of results of the election within 30 days after the election and send a complete copy of all election results to the Secretary of State within 31 days of the election. The Secretary of State must then certify and file a statement of the vote no later than the 38th day after the election.
Effective January 1, 2026, AB 5 adds a new interim reporting requirement to this process. AB 5 requires county elections officials, by the 13th day following an election, to complete the counting of all ballots, except the following: (1) duplicate ballots; (2) votes by mail that is forwarded to count election officials; (3) votes by mail that the voter has an opportunity to verify; (4) provisional ballots; (5) ballots cast by conditional voter registration; (6) and ballots received after the fourth day following an election.
AB 5 further requires county elections officials to release the vote count for all ballots on or before the 13th day following an election, except for those ballots identified above.
AB 5 requires a county elections official that will not meet the 13-day deadline for counting ballots and releasing the vote for such ballots to file a notice of extension with the Secretary of State, stating the reason for the extension and to post the extension filing on their website.
(AB 5 adds Section 15307 to the Elections Code.)