HomeMy WebLinkAbout20224jl Election ObserversALEX PADILLA | SECRETARY OF STATE | STATE OF CALIFORNIA
ELECTIONS DIVISION
1500 11th Street, 5th Floor, Sacramento, CA 95814 | Tel 916.657.2166 | Fax 916.653.3214 | www.sos.ca.gov
September 28, 2020
County Clerk/Registrar of Voters (CC/ROV) Memorandum # 20224
TO: All County Clerks/Registrars of Voters
FROM: /s/ Jana M. Lean
Chief, Elections Division
RE: General Election: Election Observations Rights and Responsibilities
The attached document lays out the rights and responsibilities of members of the public
and elections officials related to observing the election process, which includes
information regarding health and safety measures to help prevent the spread of COVID-
19, along with relevant sections of the Elections Code.
I hope this information is helpful. If you have any questions, please feel free to contact
Robbie Anderson at aanderso@sos.ca.gov.
Thank you.
Attachment
Election Observations Rights and Responsibilities – September 2020
Election Observations Rights and Responsibilities – September 2020
Table of Contents
Overview……………………………………………………...……………...…..…..….1
Pre-Election Day………….……………………………......………………...……..….6
Voting Equipment Preparation and Testing…….…..…………….…….….....…..6
Vote-by-Mail Ballot Processing………...……....….……………….......…....…....6
Election Day…………………….…………….……….………………………..…...….7
Polling Place Operations…………………..……..….………….....……..………...7
Conducting a Challenge at the Polls…………….....………..………….....…….11
Criminal Interference with Voters or Voting Process…............….....….…...…14
Closing the Polls……………….………………………….…………….….…..…..16
Ballot Processing………………...……..………………………….…….…...……17
Post Election Day………………………………………………….......……........….17
Canvass Board Members………………………………….....…….....................17
Canvass Process…….……………….....……………………..………….........…17
Vote-by-Mail Ballot Counting……………..………………….......……...............18
Provisional Ballot Process………..……………………………....……...............23
One Percent Manual Tally…………………......………………..........................23
Risk Limiting Audits……………..…………......………………….......................25
Appendix: Voter Bill of Rights…………………………………………................28
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Overview
The following is an easy-to-use overview for elections officials and anyone who wants to
observe the conduct of elections in California. This overview does not have the force
and effect of law, regulation or rule, may not be used as legal advice, and is not a
substitute for legal counsel for an individual or organization. The California Elections
Code sections relevant to election observation are included for reference. Some of the
guidelines included below were drawn from the Secretary of State’s General Rules for
Observers as established in the Election Observer Panel Plan Template.
November 3, 2020, General Election
For the November 3, 2020, General Election, many counties will conduct their election
in a manner different from how they conducted the March 3, 2020, Presidential Primary
Election. County elections officials have five different methods available to conduct the
election, and those methods are as follows:
Method #1: Voter’s Choice Act (VCA). VCA counties shall provide at least
one in-person voting location per 10,000 registered voters within the county
from E-3 through Election Day and are not required to open any vote center
prior to E-3.
1601)
Counties are nevertheless encouraged to open vote centers earlier, where
feasible and as conditions warrant, to maximize opportunities for voter
participation.
The minimum operating hours set forth in Elections Code sections 4005 and
4007 have not been affected by any executive order nor any legislation and
remain as follows:
a) From E-3 through E-1, for at least eight hours each day; and
b) On Election Day, from 7 a.m. until 8 p.m.
Methods #2 and #3: Consolidated Polling Place. Counties who choose this
method must provide at least one "consolidated” polling place per 10,000
registered voters and operate them using:
Method #2 - vote centers (voter is not assigned to a specific polling location in
the county)
OR -
Method #3 - “regular” polling locations (voter is assigned to a specific polling
location)
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Consolidated polling places must be made available for voting during the
following hours:
a) From E-3 through E-1, for at least eight hours (during regular hours
convenient for members of the public) each day; and
b) On Election Day, from 7 a.m. until 8 p.m.
Method #4: Traditional Polling Place. Non-VCA counties that comply with all
existing statutory requirements applicable to in-person voting locations on
Election Day from 7 a.m. until 8 p.m. (e.g., the same amount of voting locations
as were available in the March 3, 2020, Presidential Primary Election, and open
only at a minimum on Election Day).
Method #5: All Mail Ballot. Counties continue to conduct the November 3,
2020, General Election as an all mail ballot election.
Health and Safety Measures
In addition to the rights and responsibilities set forth below, election observers must
adhere to health and safety provisions to help prevent the spread of COVID-19. In
order to provide a safe and secure election for election workers, voters, and observers
for the November 3, 2020, General Election, the Secretary of State’s Office, in
consultation with California public health officials, developed the guidance
document, Election Administration Guidance under COVID-19. The specific health and
safety guidance presented here is based on and consistent with information provided in
that document (see specifically pages 31-33 of the guidance document).
All election observer shall follow practices that help control and prevent the spread of
COVID-19, including daily self-screening at home daily prior to arriving at
their observation location. When performing daily self-screening, check for any of the
following COVID-19 symptoms:
Frequent cough
Fever
Difficulty breathing
Chills
Muscle pain
Headache
Sore throat
Recent loss of taste or smell
Election observers should stay home if they are experiencing any of the above
symptoms. In addition, the observer should stay home if they:
Feel sick
Have tested positive for COVID-19
Live with someone who has tested positive for COVID-19
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Election observers shall adhere to the following COVID-19 guidelines while
observing in California during the November 3, 2020, General Election:
Cover coughs and sneezes with a tissue, then throw the tissue in the trash.
Wash hands often with soap and water for at least 20 seconds, especially after
going to the bathroom; before eating; and after blowing nose, coughing, or
sneezing. If soap and water are not available, use a hand -sanitizer that is at
least 60% ethyl alcohol.
Avoid touching your eyes, nose, and mouth with unwashed hands.
Clean frequently touched surfaces and objects.
Avoid shaking hands.
Wear face coverings. Face coverings shall:
o Fully cover the nose and mouth and be secure under the chin
o Fit snugly but comfortably against the side of the face
o Be kept clean
Maintain physical distancing of six feet. Observers may be asked to observe from
a designated area to ensure health and safety guidelines are being met.
Observations in General
Elections observers should be aware that in general, the law provides elections officials
with some discretion in terms of how various observation laws are applied. Furthermore,
how a law is applied will vary from jurisdiction to jurisdiction for reasons including, but
not limited to:
The size and configuration of the elections office.
The staffing levels that the county elections official is able to afford.
The number of observers who are requesting access to a particular process.
Observers have the right to:
Observe pre-Election Day activities, as permitted by law, such as voting
equipment preparation and testing and vote-by-mail ballot processing.
Observe the proceedings at polling places, including the opening and closing
procedures.
Obtain information from the voter list that is posted or otherwise available at of
the polling place.
Take notes and watch election procedures.
View election-related activities at the central counting site on Election Day.
View the canvass of the vote activities following the election.
View vote-by-mail and provisional ballot processing.
Ask questions of poll workers as long as they do not interfere with the conduct of
any part of the voting process.
Ask questions of supervisors at the central counting site as long as they do not
interfere with the conduct of the election procedures.
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Use an electronic device, including a smartphone, tablet, or other handheld
device, at a polling place provided that the use of the device does not result in a
violation of any other provision of the Elections Code.
Elections officials have the right to:
Use discretion in determining a sufficiently close distance for observers to stand
from the process they want to observe.
Require observers to be quiet inside the observation area.
Use discretion to determine how (e.g., written or verbal) and to whom observers
may pose questions and challenges during the observation process.
Ask an observer who does not follow observation rules to leave the premises.
Restrict the number of observers permitted in a room to prevent interference with
the observed process.
Restrict the items observers may bring with them into the polling place or central
counting site, such as cell phones, large bags, or back packs, etc.
Observers are responsible for:
Checking in at each site, whether the polling place or central counting site.
Wearing an identification badge.
Maintaining a professional manner while observing the election process.
Ensuring they do not interfere with the election process.
Following established county observation rules/policies.
Elections officials are responsible for:
Maintaining the integrity of the administration of the election and determining
observer misconduct or interference.
Establishing security rules for public observation. Examples of such rules are the
use of sign-in sheets and identification badges and prohibiting the use of cell
phones, pagers, cameras, and other audio or video equipment or electronic
devices.
Providing notice to the public of the dates, times, and places of election-related
activities that may be observed by the public, as required by law. For example,
elections officials are required to provide 48 hours notice for vote-by-mail (VBM)
ballot processing and five days notice of the post-election one percent manual
tally.
Observers must not:
Interfere with the conduct of the election. The elections official is entitled to
determine whether a person is interfering with the conduct of the election.
Physically handle any voting materials or equipment without the express
permission of the elections official.
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Move or rearrange tables, chairs, or voting booths at the polling place or central
counting facility.
Sit at the official worktables or view confidential voter information on any
computer terminal or document.
Communicate with voters within 100 feet of the entrance to, or inside of, a polling
place, a vote center, an elections official’s office, or a satellite location by
encouraging them to vote for or against a person or a measure or regarding the
voter’s qualifications to vote. Exit polling of voters is permitted, provided it is
conducted at least 25 feet away from the entrance to the polling place.
Directly challenge a voter. Only a member of a precinct board may do so, based
on evidence presented.
Display any campaign material or wear campaign badges, buttons or apparel.
Wear the uniform of a peace officer, a private guard, or security personnel.
Use cellular phones, pagers, or two-way radios inside the polling place and/or
within 100 feet of the entrance to the polling place.
Talk to or attempt to stop poll workers or the central counting site workers while
they are processing ballots.
Use the telephones, computers, or other polling place facilities at polling places
or the central counting site.
Touch election personnel.
Eat or drink in a polling place or the central counting site.
Assist in operations at any polling place or the central counting site.
Prevent other observers from observing materials or a process.
Enter secure areas without express permission of the elections official.
Elections officials must not:
Delay or interrupt scheduled operations and processes solely because an
observer is present.
Voter Challenge Procedures
A challenge to a voter’s eligibility may only be made by a member of the precinct
board.
Prior to making a challenge, the member of the precinct board should contact the
county elections official for guidance and assistance.
If a challenge is resolved in favor of the voter, the voter must be allowed to cast a
regular ballot.
If the challenge is not resolved or is resolved against the voter, the voter must be
allowed to vote a provisional ballot, even if the challenged voter cannot or will not
take the necessary oath.
All challenges must be documented by the precinct board.
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Pre-Election Day
Voting Equipment Preparation and Testing
Elections Code section 15004
a) Each qualified political party may employ, and may have present at the central
counting place or places, not more than two representatives to check and review the
preparation and operation of the tabulating devices, their programming and testing, and
have the representatives in attendance at any or all phases of the election.
b) Any bona fide association of citizens or a media organization may employ, and
may have present at the central counting place or places, not more than two
representatives to check and review the preparation and operation of the tabulating
devices, their programming and testing, and have the representatives in attendance at
any or all phases of the election.
c) The county elections official may limit the total number of representatives
employed pursuant to subdivision (b) in attendance to no more than 10 by a manner in
which each interested bona fide association of citizens or media organization has an
equal opportunity to participate. Any representatives employed and in attendance
pursuant to subdivision (a) shall not be subject to the limit specified in this subdivision.
Vote-by-Mail Ballot Processing
Elections Code section 15104
a) The processing of vote by mail ballot return envelopes, and the processing and
counting of vote by mail ballots, shall be open to the public, both prior to and after the
election.
b) A member of the county grand jury, and at least one member each of the
Republican county central committee, the Democratic county central committee, and of
any other party with a candidate on the ballot, and any other interested organization,
shall be permitted to observe and challenge the manner in which the vote by mail
ballots are handled, from the processing of vote by mail ballot return envelopes through
the counting and disposition of the ballots.
c) The elections official shall notify vote by mail voter observers and the public at
least 48 hours in advance of the dates, times, and places where vote by mail ballots will
be processed and counted.
d) Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail
voter observers shall be allowed sufficiently close access to enable them to observe the
vote by mail ballot return envelopes and the signatures thereon and challenge whether
those individuals handling vote by mail ballots are following established procedures,
including all of the following:
1) Verifying signatures and addresses on the vote by mail ballot return envelopes
by comparing them to voter registration information.
2) Duplicating accurately damaged or defective ballots.
3) Securing vote by mail ballots to prevent tampering with them before they are
counted on election day.
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e) A vote by mail voter observer shall not interfere with the orderly processing of vote
by mail ballot return envelopes or the processing and counting of vote by mail ballots,
including the touching or handling of the ballots.
Elections Code section 15105
Prior to processing and opening the identification envelopes of vote by mail voters, the
elections official shall make available a list of vote by mail voters for public inspection,
from which challenges may be presented. Challenges may be made for the same
reasons as those made against a voter voting at a polling place. In addition, a challenge
may be entered on the grounds that the ballot was not received within the time provided
by this code or that a person is imprisoned for a conviction of a felony. All challenges
shall be made prior to the opening of the identification envelope of the challenged vote
by mail voter.
Elections Code section 15106
Except as otherwise provided, the processing of vote by mail ballot return envelopes,
the processing and counting of vote by mail ballots, and the disposition of challenges of
vote by mail ballots shall be according to the laws now in force pertaining to the election
for which they are cast. Because the voter is not present, the challenger shall have the
burden of establishing extraordinary proof of the validity of the challenge at the time the
challenge is made.
Elections Code section 3203
a) Upon receipt of an application for permanent vote by mail status, the county
elections official shall process the application in the same manner as an application for
a vote by mail ballot, or, in the case of an application made pursuant to Section 3102, in
the same manner as an application for a special absent voter ballot or overseas ballot.
b) In addition to processing applications in accordance with Chapter 1 (commencing
with Section 3000), if it is determined that the applicant is a registered voter, the county
elections official shall do the following:
1) Place the voter’s name upon a list of those to whom a vote by mail ballot is sent
each time there is an election within their precinct.
2) Include in all vote by mail mailings to the voter an explanation of the vote by mail
procedure and an explanation of Section 3206.
3) Maintain a copy of the vote by mail ballot list on file open to public inspection for
election and governmental purposes.
Election Day
Polling Place Operations
Elections Code section 2300
a) All voters, pursuant to the California Constitution and this code, shall be citizens of
the United States. There shall be a Voter Bill of Rights for voters, available to the public,
which shall convey all of the following to voters:
1)(A) You have the right to cast a ballot if you are a valid registered voter.
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B) A valid registered voter means a United States citizen who is a resident in this
state, who is at least 18 years of age and not in prison or on parole for conviction of a
felony, and who is registered to vote at his or her current residence address.
2) You have the right to cast a provisional ballot if your name is not listed on the
voting rolls.
3) You have the right to cast a ballot if you are present and in line at the polling
place before the close of the polls.
4) You have the right to cast a secret ballot free from intimidation.
5)(A) You have the right to receive a new ballot if, before casting your ballot, you
believe you made a mistake.
B) If at any time before you finally cast your ballot, you feel you have made a
mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail
voters may also request and receive a new ballot if they return their spoiled ballot to an
elections official before the closing of the polls on election day.
6) You have the right to receive assistance in casting your ballot, if you are unable
to vote without assistance.
7) You have the right to return a completed vote by mail ballot to any precinct in the
county [state].
8) You have the right to election materials in another language, if there are sufficient
residents in your precinct to warrant production.
9)(A) You have the right to ask questions about election procedures and observe
the election process.
B) You have the right to ask questions of the precinct board and elections officials
regarding election procedures and to receive an answer or be directed to the
appropriate official for an answer. However, if persistent questioning disrupts the
execution of their duties, the precinct board or elections officials may discontinue
responding to questions.
10) You have the right to report any illegal or fraudulent activity to a local elections
official or to the Secretary of State’s office.
b) Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to
call if a person has been denied a voting right or to report election fraud or misconduct.
c) The Secretary of State may do both of the following:
1) Develop regulations to implement and clarify the Voter Bill of Rights set forth in
subdivision (a).
2) Revise the wording of the Voter Bill of Rights as necessary to ensure the use of
clear and concise language free from technical terms.
d) The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available
to the public before each election and on election day, at a minimum, as follows:
1) The Voter Bill of Rights shall be printed in the state voter information guide,
pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of
paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a),
and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller
point type than the rest of the Voter Bill of Rights.
2) Posters or other printed materials containing the Voter Bill of Rights shall be
included in precinct supplies pursuant to Section 14105.
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Elections Code section 2301
a) An international election observer may be provided uniform and nondiscriminatory
access to all stages of the election process that are open to the public, including the
public review period for the certification of a ballot marking system, the processing and
counting of vote by mail ballots, the canvassing of ballots, and the recounting of ballots.
An international election observer shall not interfere with a voter in the preparation or
casting of the voter's ballot, with a precinct board member or an elections official in the
performance of his or her duties, or with the orderly conduct of an election.
b) For purposes of this section, “international election observer” means a person
who witnesses the administration of an election in this state and who is an official
representative of an international organization such as the United Nations, the
Organization for Security and Cooperation in Europe, or the Organization of American
States.
Elections Code section 2302
A voter or any other person shall not be prohibited from using an electronic device,
including a smartphone, tablet, or other handheld device, at a polling place provided
that the use of the device does not result in a violation of Section 14221, 14224, 14291,
18370, 18502, 18540, 18541, or any other provision of this code.
Elections Code section 14215
Before receiving any ballots, the precinct board, in the presence of any persons
assembled at the polling place, shall open and exhibit and close the ballot container or
containers. Thereafter, the ballot container or containers shall not be removed from the
polling place or presence of the bystanders until all the ballots are counted, nor opened
until after the polls are finally closed.
Elections Code section 14422
a)(1) Notwithstanding any other provision of law, the county elections official may
direct a precinct board to seal the ballot container prior to the closing of the polls, in
accordance with the procedures set forth in Sections 14420 and 14421.
2) Notwithstanding Section 14215, as soon as the container is sealed, the county
elections official may direct at least two elections officials to remove the sealed ballot
container of voted untallied ballots from the polling place and the presence of any
bystanders and to deliver the container to a receiving center or central counting place
as directed.
3) At least 48 hours in advance of an election, the elections official shall notify the
public of the dates, times, and places at which ballot containers will be delivered
pursuant to this subdivision.
b) Upon receipt of a container at a receiving center or central counting place pursuant
to subdivision (a), the county elections official may process the voted untallied ballots,
but shall not tally the ballots or release any results prior to the closing of the polls.
c) The Secretary of State shall adopt regulations addressing the secure delivery and
transfer of ballots to a receiving center or central counting place pursuant to this section.
d) This section shall not be construed as relieving a precinct board of its responsibility
to account for ballots pursuant to Section 14405.
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Elections Code section 14221
Only voters engaged in receiving, preparing, or depositing their ballots and persons
authorized by the precinct board to keep order and enforce the law may be permitted to
be within the voting booth area before the closing of the polls.
Elections Code section 14222
Nothing contained in this code shall prevent a voter from being accompanied by a
child or children under the age of 18 years while the voter is within the voting booth area
if the child is, or children are, under the voter's care.
Elections Code section 14223
a) Only members of the precinct board, and persons while signing their names on the
roster, shall be permitted, during the hours within which voting is in progress, to sit at
the desk or table used by the precinct board.
b) Any person may inspect the roster while voting is in progress and while votes are
being counted. However, this shall not be done at a time or in a manner which will
impede, interfere, or interrupt the normal process of voting.
Elections Code section 14224
a) Except as provided in Section 14222, a voting booth or compartment shall not be
occupied by more than one person at a time, unless the voter is eligible under the
assisted-voter provisions.
b)(1) Except as provided in paragraph (2), a voter shall not remain in or occupy a
voting booth or compartment longer than is necessary to mark his or her ballot, which
shall not exceed 10 minutes.
2) If a voter informs a precinct board member that the voter requires additional time
to mark his or her ballot, a longer period shall be allowed. However, if the precinct board
member determines that the voter is attempting to interfere with the conduct of the
election and does not require additional time to mark his or her ballot, the precinct board
member may contact the elections official, who may order that the voter not be provided
with additional time to mark his or her ballot.
Elections Code section 14227
Any member of the precinct board, when using a language other than English at the
polls, shall communicate with voters in that language only as he or she would be
lawfully permitted to communicate in English under the code. The member shall be
subject to like penalty for any illegal communication as if it had occurred in English.
Elections Code section 14281
On receiving a ballot, the voter shall forthwith retire alone to one of the booths or
compartments provided, and mark the ballot, unless Section 14222 or 14224 is
applicable.
Elections Code section 14282
a) When a voter declares under oath, administered by any member of the precinct
board at the time the voter appears at the polling place to vote, that the voter is then
unable to mark a ballot, the voter shall receive the assistance of not more than two
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persons selected by the voter, other than the voter’s employer, an agent of the voter’s
employer, or an officer or agent of the union of which the voter is a member.
b) The county elections official shall provide information on the county elections
Internet Web site and in the county voter information guide informing voters that a voter
who is unable to mark a ballot may bring up to two individuals to the polls to assist them
in voting as specified in subdivision (a). The information shall be available in all
languages for which the county has requirements under Section 14201 of this code and
Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
c) A person assisting a voter shall not divulge any information regarding the marking
of the ballot.
d) In those polling places that are inaccessible under the guidelines promulgated by
the Secretary of State for accessibility by the physically handicapped, a physically
handicapped person may appear outside the polling place and vote a regular ballot. The
person may vote the ballot in a place that is as near as possible to the polling place and
that is accessible to the physically handicapped. A precinct board member shall take a
regular ballot to that person, qualify that person to vote, and return the voted ballot to
the polling place. In those precincts in which it is impractical to vote a regular ballot
outside the polling place, vote by mail ballots shall be provided in sufficient numbers to
accommodate physically handicapped persons who present themselves on election
day. The vote by mail ballot shall be presented to and voted by a physically
handicapped person in the same manner as a regular ballot may be voted by that
person outside the polling place.
Conducting a Challenge at the Polls
Elections Code section 14240
a) A person offering to vote may be orally challenged within the polling place only by
a member of the precinct board upon any or all of the following grounds:
1) That the voter is not the person whose name appears on the roster.
2) That the voter is not a resident of the precinct, or in an election conducted using
a voter center, not a resident of the county.
3) That the voter is not a citizen of the United States.
4) That the voter has voted in that election.
5) That the voter is presently on parole for the conviction of a felony.
b) A person, other than a member of a precinct board or other official responsible for
the conduct of the election, shall not challenge or question any voter concerning the
voter’s qualifications to vote.
c) If any member of a precinct board receives, by mail or otherwise, any document or
list concerning the residence or other voting qualifications of any person or persons,
with the express or implied suggestion, request, or demand that the person or persons
be challenged, the board member shall first determine whether the document or list
contains or is accompanied by evidence constituting probable cause to justify or
substantiate a challenge. In any case, before making any use whatever of such a list or
document, the member of the precinct board shall immediately contact the elections
official, charged with the duty of conducting the election, and describe the contents of
the document or list and the evidence, if any, received bearing on voting qualifications.
The elections official shall advise the members of the precinct board as to the
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sufficiency of probable cause for instituting and substantiating the challenge and as to
the law as herein provided, relating to hearings and procedures for challenges by
members of the precinct board and determination thereof by a precinct board. The
elections official may, if necessary, designate a deputy to receive and answer inquiries
from precinct board members as herein provided.
Elections Code section 14241
A piece of mailed matter returned undelivered by the post office shall not be accepted
or used as evidence upon which to initiate a challenge as to residency by any member
of the precinct board unless other evidence or testimony is also presented, nor shall the
mailed matter, standing alone without other evidence or testimony, be accepted as
evidence by the precinct board in determining a challenge.
Elections Code section 14242
The ground for challenge set forth in paragraph (2) of subdivision (a) of Section 14240
shall not apply to any person duly registered as a voter in any precinct in California and
moving from that precinct within 14 days prior to an election.
Elections Code section 14243
If the challenge is on the ground that the person seeking to vote is not the person
whose name appears on the roster, a member of the precinct board shall tender the
following oath: "You do swear (or affirm) that you are the person whose name is entered
on the roster."
Elections Code section 14244
If the challenge is on the ground that the person seeking to vote is not a resident of
the precinct, or in an election conducted using a voter center, not a resident of the
county, the person challenged shall be sworn to answer questions, and after having
been sworn, a member of the precinct board shall ask that person: “Are you a resident
of this precinct?” or in an election conducted using a voter center, “Are you a resident of
the county?”; If the answer to the question is “Yes,” without significant qualification, no
other questions shall be asked.
Elections Code section 14245
If the challenge is on the ground that the person challenged has already cast a ballot
for this election, a member of the precinct board shall tender to the person challenged
this oath: "You do swear (or affirm) that you have not previously voted in this election,
either by vote by mail ballot or at a polling place."
Elections Code section 14246
If the challenge is on the ground either that the person challenged is not the person
whose name appears on the roster, or that he or she has voted that day, the challenge
shall be determined in favor of the person challenged if that person takes the oath as
set forth either in Section 14243 or 14245.
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Elections Code section 14247
Challenges of voters that they are not residents of the precinct or citizens of the
United States shall be tried and determined by the precinct board at the time of the
challenge. The precinct board may, at its discretion, also request any other person,
present in the polling place to be sworn and answer questions, whom the board
believes may have knowledge or information concerning the facts of the challenge.
Elections Code section 14248
Before administering an oath to a person regarding his or her place of residence, a
member of the precinct board shall read to the person challenged, the rules prescribed
by Section 14249 and Article 2 (commencing with Section 2020) of Chapter 1 of
Division 2.
Elections Code section 14249
If any person challenged refuses to take the oaths tendered, or refuses to be sworn
and to answer the questions concerning the matter of residence, that person shall not
be allowed to vote.
Elections Code section 14250
The precinct board, in determining the place of residence of any person, shall be
governed by the rules set forth in Article 2 (commencing with Section 2020) of Chapter
1 of Division 2.
Elections Code section 14251
Any doubt in the interpretation of the law shall be resolved in favor of the challenged
voter.
Elections Code section 14252
The precinct board shall compile a list showing all of the following:
a) The name and address of each person challenged.
b) The name, address, and any other identification as a voter, of each person offering
information concerning any person's qualifications to vote, or testifying pursuant to
Section 14247, together with the name and address and any other identification of the
person about whom the information or testimony is given.
c) The grounds of each challenge.
d) The determination of the board upon the challenge, together with any written
evidence pertaining thereto.
e) If evidence has been presented to the board requesting challenges, the evidence
shall be returned to the elections official responsible for the conduct of the election.
Elections Code section 14253
In the event that the precinct board determines that persistent challenging of voters is
resulting in a delay of voting sufficient to cause voters to forego voting because of
insufficient time or for fear of unwarranted intimidation, the board shall discontinue all
challenges, and so note on the roster.
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Criminal Interference with Voters or Voting Process
Elections Code section 18370
No person, on election day, or at any time that a voter may be casting a ballot, shall,
within 100 feet of a polling place, a satellite location under Section 3018, or an elections
official's office:
a) Circulate an initiative, referendum, recall, or nomination petition or any other
petition.
b) Solicit a vote or speak to a voter on the subject of marking his or her ballot.
c) Place a sign relating to voters' qualifications or speak to a voter on the subject of
his or her qualifications except as provided in Section 14240.
d) Do any electioneering as defined by Section 319.5.
As used in this section, "100 feet of a polling place, a satellite location under Section
3018, or an elections official's office" means a distance 100 feet from the room or rooms
in which voters are signing the roster and casting ballots.
Any person who violates any of the provisions of this section is guilty of a
misdemeanor.
Elections Code section 18502
Any person who in any manner interferes with the officers holding an election or
conducting a canvass, or with the voters lawfully exercising their rights of voting at an
election, as to prevent the election or canvass from being fairly held and lawfully
conducted, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of
the Penal Code for 16 months or two or three years.
Elections Code section 18540
a) Every person who makes use of or threatens to make use of any force, violence,
or tactic of coercion or intimidation, to induce or compel any other person to vote or
refrain from voting at any election or to vote or refrain from voting for any particular
person or measure at any election, or because any person voted or refrained from
voting at any election or voted or refrained from voting for any particular person or
measure at any election is guilty of a felony punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
b) Every person who hires or arranges for any other person to make use of or
threaten to make use of any force, violence, or tactic of coercion or intimidation, to
induce or compel any other person to vote or refrain from voting at any election or to
vote or refrain from voting for any particular person or measure at any election, or
because any person voted or refrained from voting at any election or voted or refrained
from voting for any particular person or measure at any election is guilty of a felony
punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for 16 months or two or three years.
Elections Code section 18541
a) No person shall, with the intent of dissuading another person from voting, within
100 feet of a polling place, do any of the following:
1) Solicit a vote or speak to a voter on the subject of marking his or her ballot.
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2) Place a sign relating to voters' qualifications or speak to a voter on the subject of
his or her qualifications except as provided in Section 14240.
3) Photograph, video record, or otherwise record a voter entering or exiting a polling
place.
b) Any violation of this section is punishable by imprisonment in a county jail for not
more than 12 months, or in the state prison. Any person who conspires to violate this
section is guilty of a felony.
c) For purposes of this section, 100 feet means a distance of 100 feet from the room
or rooms in which voters are signing the roster and casting ballots.
Elections Code section 18543
a) Every person who knowingly challenges a person's right to vote without probable
cause or on fraudulent or spurious grounds, or who engages in mass, indiscriminate,
and groundless challenging of voters solely for the purpose of preventing voters from
voting or to delay the process of voting, or who fraudulently advises any person that he
or she is not eligible to vote or is not registered to vote when in fact that person is
eligible or is registered, or who violates Section 14240, is punishable by imprisonment in
the county jail for not more than 12 months or in the state prison.
b) Every person who conspires to violate subdivision (a) is guilty of a felony.
Elections Code section 18562.5
a) A member of the public is guilty of a misdemeanor if, while observing any of the
following, he or she willfully engages in any conduct set forth in subdivision (b):
1) The processing of vote by mail ballots conducted pursuant to Chapter 2
commencing with Section 15100) of Division 15.
2) The semifinal official canvass conducted pursuant to Chapter 3 (commencing
with Section 15150) of Division 15.
3) The official canvass conducted pursuant to Chapter 4 (commencing with Section
15300) of Division 15.
4) A recount conducted pursuant to Chapter 9 (commencing with Section 15600) of
Division 15.
b)(1) Attempting to ascertain the identity and ballot choices of a voter, or having
observed or learned the identity of a voter, attempting to ascertain the ballot choices of
that voter.
2) Opening a provisional or vote by mail ballot envelope containing a voted ballot in
order to ascertain the voter's ballot choices.
3) Making or placing a mark or device on a ballot or secrecy envelope in an attempt
to ascertain the voter's ballot choices.
Elections Code section 18564
Any person is guilty of a felony, punishable by imprisonment pursuant to subdivision
h) of Section 1170 of the Penal Code for two, three, or four years who, before or during
an election:
a) Tampers with, interferes with, or attempts to interfere with, the correct operation of,
or willfully damages in order to prevent the use of, any voting machine, voting device,
voting system, vote tabulating device, or ballot tally software program source codes.
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b) Interferes or attempts to interfere with the secrecy of voting or ballot tally software
program source codes.
c) Knowingly, and without authorization, makes or has in his or her possession a key
to a voting machine that has been adopted and will be used in elections in this state.
d) Willfully substitutes or attempts to substitute forged or counterfeit ballot tally
software program source codes.
Closing the Polls
Elections Code section 14403
a) Immediately upon the closing of the polls and before any voted ballot is taken from
any of the ballot containers, the precinct board member shall, in the presence of all
persons in the room who may desire to observe them, proceed to render the unused
ballots unusable in one of the following ways:
1) By drawing across its face, in ink or indelible pencil, two lines that cross each
other, the cross to be more than three inches square. The precinct board member shall
thereupon, immediately and before any ballots are taken from any ballot container,
place all defaced ballots within an envelope or other receptacle provided for that
purpose.
2) By tearing or cutting in a manner so that it is apparent that the ballot has been
intentionally destroyed to prevent its use. If this method of destruction is used, it shall be
done in a manner so that the serial number of the ballots is retained for the purposes of
reconciliation.
3) By placing all of the unused ballots into a special container provided for that
purpose. A tamperproof seal containing spaces for entering the total number of unused
ballots enclosed, the beginning and ending serial numbers thereof, and signature lines
for all members of the precinct board following a statement certifying that all of the
ballots were placed in the container in their presence and the information on the seal is
true and correct, shall be provided. After signing the seal, it shall be placed on the
container in a manner so that the container cannot be opened without tearing the seal.
b) This section does not apply to elections conducted using vote centers.
Elections Code section 14404
a) Immediately upon the arrival of the hour when the polls are required by law to be
closed on election day, the elections official conducting the election shall openly, in the
elections official’s main office, in the presence of any persons who are present to
observe, according to the procedure set forth in Section 14403, proceed to render every
unused ballot remaining in the control of the elections official unusable. The elections
official shall forthwith make and file an affidavit, in writing, as to the number of ballots
destroyed. If the procedure in subdivision (c) of Section 14403 is used, the tamperproof
seal shall be signed by the elections official and at least one deputy or assistant
elections official or registrar. The sealed container shall then be placed, with the sealed
containers containing unused ballots from the precincts, in a security area by the
elections official until disposition is made pursuant to Section 17301 or 17302.
Alternatively, the elections official may, immediately upon the arrival of the hour when
the polls are closed, recycle for any other lawful purpose any unused ballots remaining
in the control of the elections official that clearly identify the election for which they were
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prepared. No later than 30 days following the last day to certify the official results of the
election, the elections official shall make and file an affidavit, in writing, as to the number
of ballots recycled. At the elections official’s discretion, the unused ballots may be
recycled up to six months following an election or at the conclusion of an election
contest proceeding, whichever is later.
b) This section does not apply to elections conducted using vote centers.
Ballot Processing
Elections Code section 15004
a) Each qualified political party may employ, and may have present at the central
counting place or places, not more than two representatives to check and review the
preparation and operation of the tabulating devices, their programming and testing, and
have the representatives in attendance at any or all phases of the election.
b) Any bona fide association of citizens or a media organization may employ, and
may have present at the central counting place or places, not more than two
representatives to check and review the preparation and operation of the tabulating
devices, their programming and testing, and have the representatives in attendance at
any or all phases of the election.
c) The county elections official may limit the total number of representatives
employed pursuant to subdivision (b) in attendance to no more than 10 by a manner in
which each interested bona fide association of citizens or media organization has an
equal opportunity to participate. Any representatives employed and in attendance
pursuant to subdivision (a) shall not be subject to the limit specified in this subdivision.
Post-Election Day
Canvass Board Members
Elections Code section 15304
In jurisdictions using a central counting place, the elections official may appoint not
less than three deputies to open the envelopes or containers with the materials returned
from the precincts. If, after examination, any of the materials are incomplete,
ambiguous, not properly authenticated, or otherwise defective, the precinct officers may
be summoned before the elections official and examined under oath to describe polling
place procedures and to correct the errors or omissions.
Canvass Process
Elections Code section 335.5
The "official canvass" is the public process of processing and tallying all ballots
received in an election, including, but not limited to, provisional ballots and vote by mail
ballots not included in the semifinal official canvass. The official canvass also includes
the process of reconciling ballots, attempting to prohibit duplicate voting by vote by mail
and provisional voters, and performance of the manual tally of 1 percent of all precincts.
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Elections Code section 353.5
The "semifinal official canvass" is the public process of collecting, processing, and
tallying ballots and, for state or statewide elections, reporting results to the Secretary of
State on election night. The semifinal official canvass may include some or all of the
vote by mail and provisional vote totals.
Elections Code section 15201
a) As soon as the polls are closed, the precinct board shall, in the presence of the
public do all of the following:
1) Seal the container used to transport voted ballots and insure that the precinct
number, or in an election conducted using a voter center, the vote center number, is
designated on the ballot container.
2) Certify, sign, and seal the several packages or envelopes as directed by the
elections official.
3) By not less than two of their number, deliver the ballot container and packages to
the elections official at the central counting place in the manner prescribed by the
elections official. The ballot container and packages shall remain in their exclusive
possession until delivered to the elections official.
b) This section also applies to ballots counted manually pursuant to Article 6
commencing with Section 15290).
Elections Code section 15204
All proceedings at the central counting place, or counting places, if applicable, shall be
open to the view of the public but no person, except one employed and designated for
the purpose by the elections official or his or her authorized deputy, shall touch any
ballot container. Access to the area where electronic data processing equipment is
being operated may be restricted to those persons authorized by the elections official.
Elections Code section 15272
The count shall be public and shall be continued without adjournment until completed
and the result is declared. During the reading and tallying, the ballot read and the tally
sheet kept shall be within the clear view of watchers.
Elections Code section 15301
The canvass shall commence no later than the Thursday following the election, shall
be open to the public, and, for state or statewide elections, shall result in a report of
results to the Secretary of State. The canvass shall be continued daily, Saturdays,
Sundays, and holidays excepted, for not less than six hours each day until completed.
Vote-by-Mail Ballot Counting
Elections Code section 15104
a) The processing of vote by mail ballot return envelopes, and the processing and
counting of vote by mail ballots, shall be open to the public, both prior to and after the
election.
b) A member of the county grand jury, and at least one member each of the
Republican county central committee, the Democratic county central committee, and of
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any other party with a candidate on the ballot, and any other interested organization,
shall be permitted to observe and challenge the manner in which the vote by mail
ballots are handled, from the processing of vote by mail ballot return envelopes through
the counting and disposition of the ballots.
c) The elections official shall notify vote by mail voter observers and the public at
least 48 hours in advance of the dates, times, and places where vote by mail ballots will
be processed and counted.
d) Notwithstanding paragraph (2) of subdivision (b) of Section 2194, vote by mail
voter observers shall be allowed sufficiently close access to enable them to observe the
vote by mail ballot return envelopes and the signatures thereon and challenge whether
those individuals handling vote by mail ballots are following established procedures,
including all of the following:
1) Verifying signatures and addresses on the vote by mail ballot return envelopes
by comparing them to voter registration information.
2) Duplicating accurately damaged or defective ballots.
3) Securing vote by mail ballots to prevent tampering with them before they are
counted on election day.
e) A vote by mail voter observer shall not interfere with the orderly processing of vote
by mail ballot return envelopes or the processing and counting of vote by mail ballots,
including the touching or handling of the ballots.
Elections Code section 15105
Prior to processing and opening the identification envelopes of vote by mail voters, the
elections official shall make available a list of vote by mail voters for public inspection,
from which challenges may be presented. Challenges may be made for the same
reasons as those made against a voter voting at a polling place. In addition, a challenge
may be entered on the grounds that the ballot was not received within the time provided
by this code or that a person is imprisoned for a conviction of a felony. All challenges
shall be made prior to the opening of the identification envelope of the challenged vote
by mail voter.
Elections Code section 15106
Except as otherwise provided, the processing of vote by mail ballot return envelopes,
the processing and counting of vote by mail ballots, and the disposition of challenges of
vote by mail ballots shall be according to the laws now in force pertaining to the election
for which they are cast. Because the voter is not present, the challenger shall have the
burden of establishing extraordinary proof of the validity of the challenge at the time the
challenge is made.
Elections Code section 15109
Except as otherwise provided in this chapter, the counting and canvassing of vote by
mail ballots shall be conducted in the same manner and under the same regulations as
used for ballots cast in a precinct polling place.
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Elections Code section 3019
a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the
signature on the identification envelope with either of the following to determine if the
signatures compare:
A) The signature appearing on the voter’s affidavit of registration or any previous
affidavit of registration of the voter.
B) The signature appearing on a form issued by an elections official that contains
the voter’s signature and that is part of the voter’s registration record.
2) In comparing signatures pursuant to this section, the elections official may use
facsimiles of voters’ signatures, provided that the method of preparing and displaying
the facsimiles complies with the law.
3) In comparing signatures pursuant to this section, an elections official may use
signature verification technology. If signature verification technology determines that the
signatures do not compare, the elections official shall visually examine the signatures
and verify that the signatures do not compare.
4) The variation of a signature caused by the substitution of initials for the first or
middle name, or both, is not grounds for the elections official to determine that the
signatures do not compare.
b) If upon conducting the comparison of signatures pursuant to subdivision (a) the
elections official determines that the signatures compare, the elections official shall
deposit the ballot, still in the identification envelope, in a ballot container in the elections
official’s office.
c) If upon conducting the comparison of signatures pursuant to subdivision (a) the
elections official determines that the signatures do not compare, the identification
envelope shall not be opened and the ballot shall not be counted. The elections official
shall write the cause of the rejection on the face of the identification envelope only after
completing the procedures described in subdivision (d).
d) (1) A minimum of eight days prior to the certification of the election, the elections
official shall provide notice to all voters identified pursuant to subdivision (c) of the
opportunity to verify their signatures no later than 5 p.m. two days prior to the
certification of the election.
2) The notice and instructions shall be in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE
INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.
1. We have determined that the signature you provided on your vote by mail ballot
does not match the signature(s) on file in your voter record. In order to ensure that
your vote by mail ballot will be counted, the signature verification statement must
be completed and returned as soon as possible.
2. The signature verification statement must be received by the elections official of
the county where you are registered to vote no later than 5 p.m. two days prior to
certification of the election.
3. You must sign your name where specified on the signature verification
statement (Voter’s Signature).
4. Place the signature verification statement into a mailing envelope addressed to
your local elections official. Mail, deliver, or have the completed statement
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delivered to the elections official. Be sure there is sufficient postage if mailed and
that the address of the elections official is correct.
5. If you do not wish to send the signature verification statement by mail or have it
delivered, you may submit your completed statement by email or facsimile
transmission to your local elections official, or submit your completed statement to
a polling place within the county or a ballot dropoff box before the close of the
polls on election day.”
3) The notice and instructions shall be translated in all languages required in that
county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
4) The elections official shall not reject a vote by mail ballot identified pursuant to
subdivision (c) if each of the following conditions is satisfied:
A) The voter delivers, in person, by mail, by fax, or by email, a signature
verification statement signed by the voter and the elections official receives the
statement no later than 5 p.m. two days prior to the certification of the election, or
the voter, before the close of the polls on election day, completes and submits a
signature verification statement to a polling place within the county or a ballot
dropoff box.
B) Upon receipt of the signature verification statement, the elections official shall
compare the signature on the statement with the signature on file in the voter’s
record.
i) If upon conducting the comparison of signatures the elections official
determines that the signatures compare, the elections official shall deposit the
ballot, still in the identification envelope, in a ballot container in the elections
official’s office.
ii) If upon conducting the comparison of the signatures the elections official
determines that the signatures do not compare, the identification envelope shall
not be opened and the ballot shall not be counted. The elections official shall write
the cause of the rejection on the face of the identification envelope.
5) The signature verification statement shall be in substantially the following form
and may be included on the same page as the notice and instructions specified in
paragraph (2):
SIGNATURE VERIFICATION STATEMENT
I,, am a registered voter of __________ County,
State of California. I declare under penalty of perjury that I requested and returned
a vote by mail ballot. I am a resident of the precinct in which I have voted, and I
am the person whose name appears on the vote by mail ballot envelope. I
understand that if I commit or attempt any fraud in connection with voting, or if I
aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be
convicted of a felony punishable by imprisonment for 16 months or two or three
years. I understand that my failure to sign this statement means that my vote by
mail ballot will be invalidated.
Voter’s Signature
Address”
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6) An elections official shall include the vote by mail ballot signature verification
statement and instructions provided in this subdivision on the elections official’s internet
website and shall provide the election official’s mailing address, email address, and
facsimile transmission number on the internet web page containing the statement and
instructions.
7) If the elections official determines that the signatures compare, the official shall
use the signature in the signature verification statement, even if returned untimely, to
update the voter’s signature for future elections.
e) (1) (A) Notwithstanding any other law, if an elections official determines that a voter
has failed to sign the identification envelope, the elections official shall not reject the
vote by mail ballot if the voter does any of the following:
i) Signs the identification envelope at the office of the elections official during
regular business hours no later than 5 p.m. two days prior to the certification of
the election.
ii) No later than 5 p.m. two days prior the certification of the election, completes
and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT
I,, am a registered voter of __________ County,
State of California. I declare under penalty of perjury that I requested and returned
a vote by mail ballot and that I have not and will not vote more than one ballot in
this election. I am a resident of the precinct in which I have voted, and I am the
person whose name appears on the vote by mail ballot envelope. I understand
that if I commit or attempt any fraud in connection with voting, or if I aid or abet
fraud or attempt to aid or abet fraud in connection with voting, I may be convicted
of a felony punishable by imprisonment for 16 months or two or three years. I
understand that my failure to sign this statement means that my vote by mail
ballot will be invalidated.
Voter’s Signature
Address”
iii) Before the close of the polls on election day, completes and submits an
unsigned ballot statement, in the form described in clause (ii), to a polling place
within the county or a ballot dropoff box.
B) A minimum of eight days prior to the certification of the election, the elections
official shall provide notice and instructions to all voters identified pursuant to this
subdivision of the opportunity to provide a signature no later than 5 p.m. two days prior
to the certification of the election.
C) If timely submitted, the elections official shall accept any completed unsigned
ballot statement. Upon receipt of the unsigned ballot statement, the elections official
shall compare the voter’s signature on the statement in the manner provided by this
section.
i) If the elections official determines that the signatures compare, the elections
official shall attach the unsigned ballot statement to the identification envelope
and deposit the ballot, still in the identification envelope, in a ballot container in the
elections official’s office.
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ii) If the elections official determines that the signatures do not compare, the
identification envelope shall not be opened and the elections official shall provide
notice to the voter pursuant to subdivisions (c) and (d).
D) An elections official may use methods other than those described in
subparagraph (A) to obtain a voter’s signature on an unsigned identification envelope.
2) Instructions shall accompany the unsigned ballot statement in substantially the
following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your vote by mail ballot will be counted, your statement
should be completed and returned as soon as possible, but no later than 5 p.m.
two days prior to the certification of the election.
2. You must sign your name on the line above (Voter’s Signature).
3.Place the statement into a mailing envelope addressed to your local elections
official. Mail, deliver, or have delivered the completed statement to the elections
official. Be sure there is sufficient postage if mailed and that the address of the
elections official is correct.
4. If you do not wish to send the statement by mail or have it delivered, you may
submit your completed statement by facsimile or email transmission to your local
elections official, or submit your completed statement to a polling place within the
county or a ballot dropoff box before the close of the polls on election day.”
3) The notice and instructions shall be translated in all languages required in that
county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
4) An elections official shall include the unsigned ballot statement and instructions
described in this subdivision on the elections official’s internet website and shall provide
the elections official’s mailing address, email address, and facsimile transmission
number on the internet web page containing the statement and instructions.
f) A ballot shall not be removed from its identification envelope until the time for
processing ballots. A ballot shall not be rejected for cause after the identification
envelope has been opened.
Provisional Ballot Process
Elections Code section 14310(d)
The Secretary of State shall establish a free access system that any voter who casts a
provisional ballot may access to discover whether the voter's provisional ballot was
counted and, if not, the reason why it was not counted.
One Percent Manual Tally
Elections Code section 336.5
a) “One percent manual tally” is the public process of manually tallying votes in 1
percent of the precincts, selected at random by the elections official, and in one precinct
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for each race not included in the randomly selected precincts. This procedure is
conducted during the official canvass to verify the accuracy of the automated count
b) In an election conducted using vote centers, a 1 percent manual tally can be
conducted using the batch process set forth in Section 15360.
Elections Code section 15360
a) During the official canvass of every election in which a voting system is used, the
official conducting the election shall conduct a public manual tally of the ballots
tabulated by those devices, including vote by mail ballots, using either of the following
methods:
1)(A) A public manual tally of the ballots canvassed in the semifinal official canvass,
including vote by mail ballots but not including provisional ballots, cast in 1 percent of
the precincts chosen at random by the elections official. If 1 percent of the precincts is
less than one whole precinct, the tally shall be conducted in one precinct chosen at
random by the elections official.
B)(i) In addition to the 1 percent manual tally, the elections official shall, for each
race not included in the initial group of precincts, count one additional precinct. The
manual tally shall apply only to the race not previously counted.
ii) The elections official may, at his or her discretion, select additional precincts
for the manual tally, which may include vote by mail and provisional ballots.
2) A two-part public manual tally, which includes both of the following:
A) A public manual tally of the ballots canvassed in the semifinal official canvass,
not including vote by mail or provisional ballots, cast in 1 percent of the precincts
chosen at random by the elections official and conducted pursuant to paragraph (1).
B)(i) A public manual tally of not less than 1 percent of the vote by mail ballots
canvassed in the semifinal official canvass. Batches of vote by mail ballots shall be
chosen at random by the elections official.
ii) For the purposes of this section, a "batch" means a set of ballots tabulated by
the voting system devices, for which the voting system can produce a report of the
votes cast.
iii)(I) In addition to the 1 percent manual tally of the vote by mail ballots, the
elections official shall, for each race not included in the initial 1 percent manual tally of
vote by mail ballots, count one additional batch of vote by mail ballots. The manual tally
shall apply only to the race not previously counted.
II) The elections official may, at his or her discretion, select additional batches
for the manual tally, which may include vote by mail and provisional ballots.
b) If vote by mail ballots are cast on a direct recording electronic voting system at the
office of an elections official or at a satellite location of the office of an elections official
pursuant to Section 3018, the official conducting the election shall either include those
ballots in the manual tally conducted pursuant to paragraph (1) or (2) of subdivision (a)
or conduct a public manual tally of those ballots cast on no fewer than 1 percent of all
the direct recording electronic voting machines used in that election chosen at random
by the elections official.
c) The elections official shall use either a random number generator or other method
specified in regulations that shall be adopted by the Secretary of State to randomly
choose the initial precincts, batches of vote by mail ballots, or direct recording electronic
voting machines subject to the public manual tally.
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d) The elections official shall not randomly choose the initial precincts or select an
additional precinct for the manual tally until after the close of the polls on election day.
e) The manual tally shall be a public process, with the official conducting the election
providing at least a five-day public notice of the time and place of the manual tally and
of the time and place of the selection of the precincts, batches, or direct recording
electronic voting machines subject to the public manual tally prior to conducting the
selection and tally.
f) The official conducting the election shall include a report on the results of the 1
percent manual tally in the certification of the official canvass of the vote. This report
shall identify any discrepancies between the machine count and the manual tally and a
description of how each of these discrepancies was resolved. In resolving a discrepancy
involving a vote recorded by means of a punchcard voting system or by electronic or
electromechanical vote tabulating devices, the voter verified paper audit trail shall
govern if there is a discrepancy between it and the electronic record.
Risk Limiting Audits
Elections Code section 15365
The purpose of this article is to provide elections officials with a method to conduct a
comprehensive verification of election outcomes through the post-election audit
process. This article shall remain in effect only until January 1, 2023, and as of that date
is repealed.
Elections Code section 15366
As used in this article, the following terms have the following meanings:
a) “Ballot” means original, voter-verifiable paper ballots, including voter-marked
paper ballots whether marked manually or via a ballot marking device or system, and,
where direct recording electronic (DRE) voting systems are used, the voter-verifiable
paper audit trail (VVPAT). It does not mean electronic versions of ballots, digital images
of ballots, or paper printouts of ballot images or digital cast vote records.
b) “Ballot-level comparison audit” means a type of risk-limiting audit that involves
both of the following steps:
1) The elections official uses an independent system to verify that the cast vote
records created by the voting system or ballots created independent from the tally or
ballot marking system yield the same election results as those reported by the voting
system.
2) The elections official compares some or all of those cast vote records to a
hand-to-eye, human interpretation of voter markings from the corresponding ballot
marked by the voter or the voter verified paper audit trail, as defined by Section 19271.
c) “Ballot polling audit” means a type of risk-limiting audit in which elections officials
examine voter markings on randomly selected ballots seeking strong evidence that the
reported tabulation outcome is correct.
d) “Cast vote record” means an auditable document or electronic record that
purports to reflect the selections a voter made on a ballot. It lists the contests on the
ballot and the voter’s selections in each of those contests.
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e) “Electoral outcome” means the winner or winners of an election contest or
whether a measure passed. It does not mean the numerical vote totals.
f) “Risk-limiting audit” means a post-election process that involves hand-to-eye,
human inspection of ballots in such a manner that if a full manual tally of all the ballots
cast in the contest would show different outcomes than the results reported by the
voting system, there is at most a five percent chance that the post-election process will
not lead to such a full manual tally. If this post-election process does lead to a full
manual tally, the winner or winners according to that full manual tally replace the winner
or winners as reported by the voting system if they differ.
Elections Code section 15367
a) (1) Commencing with the statewide general election held on November 3, 2020,
the elections official conducting an election may conduct a risk-limiting audit during the
official canvass of any election in accordance with the requirements of this article.
2) Participating counties shall conduct a risk-limiting audit on one or more contests
fully contained within the county’s borders. A participating county may exclude any
contest that has been subject to a risk-limiting audit from the one-percent manual tally
required by Section 15360.
3) Commencement of the audit and selection of ballots for the audit shall not occur
before the reporting of the results to which the contests are being audited. The
Secretary of State shall define in regulations how all ballots, including provisional ballots
and vote by mail ballots whose status has not yet been resolved, shall be taken into
account in the audit to ensure that if a full manual tally of the votes on all validly cast
ballots would show an electoral outcome that differs from the reported outcome, there is
at most a five percent chance that the audit will not require such a tally.
4) An elections official is in compliance with this section if the elections official
conducts a ballot-level comparison audit, or ballot polling audit, with a five percent risk
limit or a risk-limiting audit with a five percent risk limit using another method for
conducting risk-limiting audits as approved by the Secretary of State.
b) (1) The Secretary of State, in consultation with recognized statistical experts,
election verification and integrity stakeholders, voting system manufacturers, and local
elections officials, shall adopt regulations to implement and administer this article.
2) The regulations shall do all of the following:
A) Require elections officials to establish appropriate audit boards and
procedures to conduct the risk-limiting audits.
B) Establish criteria for public education on risk-limiting audits.
C) Establish procedures to ensure the security of the ballots, the selection of
ballots to be inspected during each audit, and the rules governing cast vote records and
other data involved in risk-limiting audits.
D) Establish the calculations and other methods to be used in the audit to
determine whether or when the audit of any contest is required to include the
examination of more ballots, and to establish calculations and methods to be used in
such an escalation, and to determine whether and when the audit of each contest is
complete.
E) Establish procedures and requirements for testing and disclosing the
algorithms and source code of any software used by the Secretary of State for the
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selection of ballots to be included when elections officials conduct risk-limiting audits
under this article.
F) Establish requirements for the content of the risk-limiting audit report required
by subdivision (d).
G) Establish procedures and requirements to ensure the audit process is
observable and verifiable by the public, including disclosing the methods used to select
samples and to calculate the risk, providing public opportunity to verify that the correct
ballots were inspected during the audit, and providing public opportunity to observe the
inspection of the voters’ marks on the ballots during the audit.
c) The risk-limiting audit shall be a public and observable process, with the elections
official providing at least a five-day public notice of the time and place of both the risk-
limiting audit and the selection of the ballots to be used when conducting the risk-
limiting audit.
d) The elections official conducting the risk-limiting audit shall publish a report on the
results of the risk-limiting audit in the certification of the official canvass of the vote.
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Appendix
Voter Bill of Rights
You have the following rights:
1. The right to vote if you are a registered voter. You are eligible to vote if you
are:
a U.S. citizen and a resident of California
at least 18 years old
registered where you currently live
not currently in state or federal prison or on parole for the conviction of a
felony
not currently found mentally incompetent to vote by a court
2. The right to vote if you are a registered voter even if your name is not
on the list.
You will vote using a provisional ballot. Your vote will be counted if elections
officials determine that you are eligible to vote.
3. The right to vote if you are still in line when the polls close.
4. The right to cast a secret ballot without anyone bothering you or telling you
how to vote.
5. The right to get a new ballot if you have made a mistake, if you have not
already cast your ballot. You can:
Ask an elections official at a polling place for a new ballot,
Exchange your vote-by-mail ballot for a new one at an elections office, or at
your polling place, or
Vote using a provisional ballot.
6. The right to get help casting your ballot from anyone you choose, except from
your employer or union representative.
7. The right to drop off your completed vote-by-mail ballot at any polling place
in California.
8. The right to get election materials in a language other than English if
enough people in your voting precinct speak that language.
9. The right to ask questions to elections officials about election procedures
and watch the election process. If the person you ask cannot answer your
questions, they must send you to the right person for an answer. If you are
disruptive, they can stop answering you.
10. The right to report any illegal or fraudulent election activity to an elections
official or the Secretary of State’s office.
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Special Notice
Polls are open from 7:00 a.m. to 8:00 p.m. on the day indicated in
the posted county Voter Information Guide.
Specific instructions on how to vote, including how to cast a
provisional ballot, can be obtained from a poll worker or by reading
the information mailed to you by your local elections official.
If you are a newly registered voter, you may be asked
to provide appropriate identification or other documentation
according to federal law. But please note that every individual has
the right to cast a provisional ballot even if he or she does not
provide the documentation.
It is against the law to represent yourself as being eligible to vote
unless you meet all of the requirements to vote under federal and
state law.
It is against the law to tamper with voting equipment.
If you believe you have been denied any of these rights, or you are aware
of any election fraud or misconduct, please call the Secretary of State’s
confidential toll-free Voter Hotline at (800) 345-VOTE (8683).
On the web at www.sos.ca.gov
By phone at (800) 345-VOTE (8683)
By email at elections@sos.ca.gov
Information on your voter registration affidavit will be used by elections officials to send
you official information on the voting process, such as the location of your polling place
and the issues and candidates that will appear on the ballot. Commercial use of voter
registration information is prohibited by law and is a misdemeanor. Voter information
may be provided to a candidate for office, a ballot measure committee, or other person
for election, scholarly, journalistic, political, or governmental purposes, as determined by
the Secretary of State. Driver license and social security numbers, or your signature as
shown on your voter registration card, cannot be released for these purposes. If you
have any questions about the use of voter information or wish to report suspected
misuse of such information, please call the Secretary of State’s Voter Hotline at
800) 345-VOTE (8683).
Certain voters facing life-threatening situations may qualify for confidential voter status.
For more information, contact the Secretary of State’s Safe at Home program toll-free at
877) 322-5227 or visit Safe at Home at www.sos.ca.gov/registries/safe-home/.