Election law attorney explains California count process
Polls across California close at 8 p.m. on November 3, 2026. Since most residents vote by mail, ballots postmarked by Election Day still count if they arrive within seven days. State law gives counties until December 3 to certify their final election results. As a result, the full outcome may take weeks to determine, during which additional valid ballots continue to be counted and reported. This extended process allows for thorough review but can lead to evolving vote totals in the interim period.
The period after election night frequently generates public questions about ongoing counts and shifting numbers. Stephen J. Kaufman, founder and principal of Kaufman Legal Group, is available to reporters seeking clarification on what partial results signify and the legal framework that governs challenges during the weeks leading to certification.
Kaufman has spent three decades at the center of election administration and disputes. He founded Kaufman Legal Group thirty years ago with offices in Los Angeles and Sacramento. He previously chaired the California Voting Modernization Board, which directed major upgrades to voting systems statewide, and served on the Los Angeles Municipal Elections Reform Commission. Kaufman worked as a recount attorney in Florida after the 2000 presidential election and was appointed Chief Counsel to the U.S. House of Representatives Democratic Caucus Special Committee on Election Reform in 2001. His firm has represented clients in recounts and election litigation in state and federal courts.
The 2026 results carry particular weight as the first general election under congressional maps approved by voters through Proposition 50 in November 2025 and permitted by federal judges for use this cycle. Voters will also choose a new governor and decide numerous statewide ballot measures. Several closely watched House races could remain undecided for days or weeks while counting continues.
“Election night gives us a first look, not a final answer,” said Kaufman. “California’s process is designed to ensure that every valid ballot is counted, and that takes time. It is important that people understand what is happening at each stage, and what the law allows when someone questions the results.”
Kaufman can explain why California counts ballots for weeks and why leads that change after election night are normal rather than suspicious. He addresses the meaning of results in key races and ballot measures under the Proposition 50 maps. Additional topics include close-race recounts, who may request one, who bears the cost, and how often recounts alter outcomes.
He covers signature cures for mail ballots and the counting of provisional ballots. Kaufman outlines county and Secretary of State certification procedures along with responses to any attempts at delay. He also clarifies the legal limits on federal agencies and courts once ballots have been cast in state elections.
Further subjects include post-election litigation in state and federal courts, distinguishing unsupported fraud claims from evidence-based assertions, post-election campaign finance disclosures and debt reporting, and what this cycle may indicate for election law and administration ahead of 2028.
