Elections Code, 1994

Statements filed under Section 13307 stay confidential until the filing deadline expires, even though the California Public Records Act would otherwise apply.

County voter information guides must include a first-page notice in at least 10-point type with specified statements about candidate listings and candidate statements.

The elections official must make certain candidate-statement material available for 10 calendar days for public examination, and may charge no more than actual cost for copies. During that period, voters or the elections official may seek a writ or injunction to amend or delete material, but only on a strong proof standard and without disrupting official election materials.

An elector may seek a writ of mandate for certain ballot, voter guide, or duty errors, and related actions get priority. The Secretary of State must be named in specified proceedings, with venue exclusively in Sacramento County for listed cases.

A county, city, city and county, or district that uses voting machines may use reasonable facsimiles of county voter information guides as vote-by-mail ballots.

Some local governments using vote tabulating devices may use reasonable facsimiles of county voter information guides as vote-by-mail ballots.

Vote by mail voters may request a facsimile ballot copy if they qualify, and county election officials must provide request instructions and prepare/process the copies by the stated deadlines.

This chapter applies only to partisan primary elections.

The Secretary of State and county elections officials must publish and distribute specified information about voters who decline to disclose a political party preference and how they may request a party ballot in a partisan primary.

County elections officials must send notices and applications to certain voters, and voters who declined party preference may request a party ballot if authorized.

This section requires a ballot notice for certain voters using a nonpartisan ballot in a presidential primary, and it may include extra information about how to request a partisan ballot or related options.

The Secretary of State must develop uniform standards and guidelines for correcting ballot mistakes, after consulting county elections officials.

If a disaster destroys some or all county voting records, the Governor may appoint an election commission.

Special elections must be held on an established election date or on the date of a statewide special election, unless Section 1003 provides otherwise.

A voter who lacks enough nonworking time to vote at a statewide election may take paid time off, and the employee must give the employer at least two working days’ notice if time off will be needed.

Employers must post, conspicuously, a notice about Section 14000 at the workplace at least 10 days before every statewide election, if practicable.

Sections 14000, 14001, and 14004 apply to public agencies, their employees, and to employers and employees in private industry.

Voters are exempt from militia duty on election day, except during war or public danger.

An employer must not require or ask an employee to bring a vote-by-mail ballot to work or to vote it at work.

This section says the act is known as, and may be cited as, the California Voting Rights Act of 2001.

This section defines several voting-law terms used in the chapter, including at-large elections, district-based elections, political subdivision, protected class, and racially polarized voting.

An at-large method of election must not be used in a way that impairs a protected class’s ability to elect candidates of its choice or influence the election outcome.

This section explains when racially polarized voting can be used to establish a violation of Section 14027 and what evidence may be considered.

If a court finds a violation of Sections 14027 and 14028, it must order appropriate remedies, including district-based elections if needed.

In actions to enforce Sections 14027 and 14028, the court must award a reasonable attorney’s fee and litigation expenses to a prevailing plaintiff party other than the state or a political subdivision; prevailing defendant parties may not recover costs unless the court finds the action frivolous, unreasonable, or without foundation.

This chapter was enacted to carry out guarantees in the California Constitution.

A protected-class voter who lives in an affected political subdivision may file an action in the county superior court.

This section sets when certain initiative elections must be held and lets a county, city, or district governing body call an earlier special election for an initiative measure.

This chapter is known as the California Voter Participation Rights Act and may be cited by that name.

This section defines “political subdivision,” “significant decrease in voter turnout,” and “voter turnout” for this chapter.

A political subdivision generally cannot hold an election on a non-statewide date if doing so has previously reduced voter turnout, unless it adopts a consolidation plan by January 1, 2018.

If a violation of Section 14052(a) is found, the court must order appropriate remedies, including future concurrent election dates and needed voting equipment or system upgrades. The court may also require county supervisors to approve consolidation under Section 10402.5.

In enforcement actions under Section 14052(a), the court must award the prevailing plaintiff (other than the state or a political subdivision) reasonable attorney’s fees and litigation expenses as costs, but a prevailing defendant cannot recover costs unless the action is found frivolous, unreasonable, or without foundation.

A qualifying voter may file an action in the superior court of the county where the political subdivision is located.

This chapter does not apply to special elections.

Chapter 1.7 becomes operative on January 1, 2018.

A qualifying county or municipal referendum must be scheduled for the next regular election at least 88 days after the election order, or for a special election called for that purpose at least 88 days after the order.

The county elections official does not have to use the county purchasing agent when providing the materials required by this division.

The Secretary of State and Attorney General must prepare a brief digest every even-numbered year by January 1, and the Secretary of State must send a copy to each county elections official when it is completed.

The elections official must provide enough official ballots for each precinct, with a minimum of 75% of registered voters, and must provide extra ballots for vote-by-mail and emergency needs.

Before polls open, the elections official must deliver the correct ballots to each precinct board, and the ballots must be packed and marked in sealed packages; vote-center elections use a similar sealed-package rule for ballots or ballot stock.

The elections official must prepare a receipt for each polling place, the precinct board member must sign it when the packages are received, and messengers may be used to deliver ballots safely and quickly.

The elections official must provide each polling place with required supplies and materials, and precinct board members must wear identifying badges while working. It is also a misdemeanor to deface the voter list with the specified intent, except for a precinct board member acting under Section 14297.

The elections official must provide printed copies of certain notices to the polling place, using notices supplied by the Secretary of State.

For a partisan primary election, the Secretary of State must prepare, print, and supply posters or other materials with specified voter information.

The Secretary of State must print voter-rights posters and related materials and send them to county elections officials before statewide elections.

Precinct board members may not display, distribute, or make available materials at the polling place unless the materials are required by this division or the county elections official expressly approves them.

The elections official must provide signs or materials for signs telling voters that an election was canceled because the candidate-incumbent died and that a special election will be held to fill the vacancy.

Each precinct board must keep a roster that includes specific voter information and required warning/certification text, and precinct board members must sign the certificate(s) required by this section.

Each precinct board may keep its roster as an index to the affidavits of registration for that precinct.

Officers who are required to designate polling places must furnish them with enough booths, places, or compartments for private ballot marking.

For Section 14201 ballot translations and instructions, the elections official must select a qualified person to provide them.

Voting equipment must be transferred to polling places, and an authorized official must certify that delivery was in good order.

Ballot containers furnished to polling places must protect ballots adequately while they are stored and when they are removed.

This section sets when certain city or city and county charter proposals must be put to voters, and gives the governing body limited discretion to choose among specified election dates for some proposals.

A precinct board member must publicly post specified voting information at each polling place.

This section requires county elections officials and precinct boards to provide and publicize facsimile ballots in Spanish, and sometimes other languages, when language-need thresholds are met.

Before polls open, the precinct board must post at least one printed voter list copy near the polling place. In vote center elections, the elections official or precinct board must provide access to the voter list at each polling place.

If an election has been canceled under Section 8026, the precinct officer must post the Section 14106 signs where voters can see them inside each voting booth or compartment.

Members of each precinct board must divide up the board’s duties in the way they think is most advantageous.

Polling places must be arranged so ballot containers and voting booths or compartments are visible to people present.

Polling places must open at 7 a.m. on election day and stay open until 8 p.m., unless Sections 4005 or 14401 provide otherwise.

The precinct board must announce aloud at the place of election, before receiving any ballots, that the polls are open.

Voting must start when the polls open and continue while the polls stay open.

Before any ballots are received, the precinct board must open, display, and close the ballot container in front of people present at the polling place; after that, the container must stay there and must not be opened again until the polls are finally closed.

A person who wants to vote must give a name and address, then sign the roster if found, with an alternative signer allowed if the voter cannot sign.

If a voter’s name is not on the roster, the precinct board must tell the voter about provisional voting and give a provisional ballot if the voter chooses one.

If a voter’s surname has changed since registration, the voter must sign both the former name and the current name and mark the roster to show they are the same person.

On request, the precinct board must give a voter a copy of the facsimile ballot for use in the voting booth or compartment, unless the same language materials are already being provided under the federal Voting Rights Act.

A majority of the members of any precinct board must be present at the polling place whenever it is open.

Only voters handling their ballots and people authorized by the precinct board may be in the voting booth area before the polls close.

A voter may be accompanied by a child or children under 18 in the voting booth area if the child or children are under the voter’s care.

Only precinct board members and people signing the roster may sit at the precinct board desk during voting hours; anyone may inspect the roster during voting or ballot counting if it does not disrupt voting.

A voting booth generally may be used by only one person at a time, and a voter may stay only as long as needed to mark a ballot, up to 10 minutes, unless an assisted-voter exception or additional-time procedure applies.

Precinct board members must not put a ballot into the ballot container unless the numbered slip has been removed and handed to the voter.

Precinct board members who use a non-English language at the polls must speak to voters only as they could lawfully speak in English, and they face the same penalty for any illegal communication.

At a partisan primary election, precinct board members must give certain voters a uniform notice about requesting a party ballot and which parties allow them to vote in that ballot; county elections officials must train precinct board members on this duty.

Only a precinct board member may orally challenge a voter at the polling place, and other people may not question voters about their qualifications.

A precinct board member may not use undelivered mailed matter by itself to start or support a residency challenge.

A voter who is duly registered in a California precinct is not subject to the specified challenge ground if they move from that precinct within 14 days before an election.

If a voter is challenged because they are not the person named on the roster, a precinct board member must tender a specified oath.

When a voter is challenged for not living in the precinct, or county in a voter center election, the person must be sworn and answer a residency question; if the answer is yes without significant qualification, no more questions may be asked.

If a voter is challenged for allegedly already voting, a precinct board member must give that person the stated oath.

A voter challenge on the listed grounds must be decided for the challenged person if that person takes the required oath.

The precinct board must decide voter challenges about residency or U.S. citizenship at the time of the challenge, and may ask other people in the polling place questions under oath.

Before giving an oath about residence, a precinct board member must read the challenged person the rules from Section 14249 and Article 2 of Chapter 1 of Division 2.

A challenged voter who refuses the oaths or refuses to be sworn and answer residence questions may not vote.

When determining a person’s place of residence, the precinct board must follow the rules in Article 2 of Chapter 1, Division 2.

If there is doubt about how the law applies, the interpretation must favor the challenged voter.

The precinct board must compile a list of specified details about each challenge to a voter, and must return any challenge-requesting evidence to the elections official if such evidence was presented.

If the precinct board finds that repeated voter challenges are delaying voting enough to make voters leave or fear intimidation, it must stop all challenges and note that on the roster.

At polling places where voting is conducted under this division, the procedure is the same as at other polling places unless this article provides otherwise.

The precinct board must not let a voter enter the voting booth until it confirms the voter is entitled to vote.

The precinct board must tell each voter how to use the voting device before the voter enters the booth, and must provide operating information if asked.

A ballot-marking device may be given to a voter with the ballot before entering the voting booth, and it must be returned to the precinct board after marking is finished.

In elections where ballots are counted both manually and by electromechanical tabulating devices, the marking device used for electromechanical counting may also be used for manual counting.

Before leaving the voting booth or compartment, the voter must fold or place the ballot card in the envelope so the markings are not exposed and the ballot stub stays outside the envelope or container.

The voter must give the folded ballot or ballot envelope to a precinct board member, who must remove and return the ballot stub and place the ballot in the ballot container.

The precinct board must give each voter only one ballot.

A person generally may not apply for or receive a ballot at any precinct other than the one where the voter is entitled to vote, unless another law provides otherwise.

A voter generally may not receive a ballot from anyone except a precinct officer, and no one may deliver a ballot to a voter unless they are a precinct officer or another officer authorized by law.

A voter who receives a ballot must immediately go alone to a provided booth or compartment and mark the ballot, unless Section 14222 or 14224 applies.

Voters who cannot mark a paper ballot or ballot marking device may get help from up to two people they choose, but not certain employer or union representatives. Assistance is confidential, and voters with disabilities may vote outside the polling place with required polling-place support.

Precinct officers must keep a list of voters who were assisted in marking their ballots, and that list must be returned to the elections official and preserved.

Ballots must be marked only with the elections official’s marking device, or for vote-by-mail ballots, the device recommended by the elections official.

A voter in a multi-candidate contest must mark the voting targets next to the chosen candidates, up to the number of candidates to be elected.

When a measure is on the ballot, the voter must mark the ballot in the space for the chosen answer and use the provided marking device.

A voter must not put identifying personal information on a ballot.

If a voter spoils or defaces a ballot, the voter must return it to the ballot clerk right away and can receive a replacement ballot, but no voter may receive more than three ballots total this way.

The precinct board must immediately cancel returned spoiled ballots, without unfolding them, mark each one “spoiled,” and return them with the unused ballots.

A voter generally must not show a marked ballot in a way that reveals its contents, but may voluntarily disclose how they voted if that does not violate other law.

Before leaving the voting booth or compartment, the voter must fold the ballot as instructed so the marks cannot be seen and only the ballot number and top margin show.

After folding the ballot, the voter must deliver it to a precinct board member, who must remove the numbered slip, give the slip to the voter, and place the ballot in the ballot box while the voter is present.

Election workers must update the polling-place voter list each hour, and elections officials may use printout or electronic notice when an electronic poll book is used.

A voter must not give a precinct board member any ballot except the one received from that board member.

A voter who does not use the ballot received must return it to the ballot board member before leaving the polling place, and the board member must cancel it immediately.

Poll workers must update the voter roster in a specific way when a voted ballot is delivered.

Precinct boards must keep a printed voter list posted while voting, limit marking to authorized board members, and post required notices; tampering with the list or electronic roster to mislead voters is a misdemeanor.

If a precinct runs out of ballots, the elections official must send more ballots within two hours, and the precinct board must let voters vote right away using an approved alternative or wait for the new ballots.

This section requires elections officials to keep enough paper ballots available at certain elections and polling places, and lets voters get a paper ballot on request while supplies last.

This section lets eligible voters use a provisional ballot when their registration or voting eligibility cannot be immediately confirmed, and it sets the steps officials must follow to handle and review those ballots.

A voter who moved within the same county and has not re-registered at the new address may vote on election day at the appropriate polling place or a county elections office/other designated location, and ballots cast under this section must be provisional.

This article must be interpreted liberally in favor of the provisional voter.

In a declared emergency, county elections officials must issue an emergency worker a provisional ballot on demand and process and forward the ballot as required.

The Secretary of State must issue regulations that set guidelines for county elections officials on processing provisional ballots.

All members of the precinct board must be present when the polls close at any election.

When the polls close, the precinct board must announce it aloud at the place of election.

A person who arrives at the polling place after poll closing time is not entitled to vote, even if the polls are still open when they arrive.

If a court order extends poll closing time, votes cast during the extension must be cast on provisional ballot.

At poll closing, the precinct board member must make unused ballots unusable and, depending on the method used, either store defaced ballots, destroy ballots while preserving serial numbers, or place unused ballots in a special container with a tamperproof seal.

When polls close, the elections official must make unused ballots unusable or may recycle eligible unused ballots, and must file affidavits about destroyed or recycled ballots.

The precinct board must account for the ballots it receives and complete the roster and certificate of performance, if applicable.

This section tells the precinct board how to handle voted ballots when polls close, including removing, sorting, counting, certifying, and documenting any ballot count discrepancy.

The precinct board must sort voted ballot cards, write-in ballots, and any spoiled or void ballots into containers, then seal and deliver them as soon as possible, unless the county elections official has directed a different sealing process under Section 14420(c).

The county elections official may order ballot containers sealed and moved before polls close, but ballots cannot be tallied or results released before closing. The elections official must notify the public at least 48 hours ahead of the election, and the Secretary of State must adopt regulations on secure delivery and transfer.

In vote-center elections, the precinct board must handle voted ballots and reconciliation records at the end of each voting day, and it must log and seal tabulating equipment when used.

The precinct board must prepare election supplies and records for delivery to the elections official as soon as possible after the polls close.

The precinct board must enclose and seal all voted, spoiled, canceled, or unused ballots in one or more packages.

The precinct board must enclose and seal specified election materials in one or two packages, as determined by the elections official.

When ballots are counted at precincts under specified election procedures, the precinct board must immediately send an unsealed vote-result statement to the elections official, and the statement must be open to public inspection.

Two members must deliver the sealed packages of lists, papers, and ballots unopened and without delay to the elections official or a designated receiving station.

Election return documents cannot be set aside or rejected just for form defects or nonstrict compliance if they can be satisfactorily understood.

Before an election, the local governing body must decide whether certain offices or measures need early tabulation and announcement, and it must send that decision to the elections official at least 30 days before the election.

The elections official must send snap-tally forms to selected precincts, and precinct inspectors must record and report the tally results and vote totals as directed.

The elections official must tabulate certain precinct reports and make the results public.

If ballots are counted electronically or electromechanically, the elections official may allow early tabulation and announcement of the returns, as long as it matches the tabulating devices used.

If a code deadline falls on a holiday, the act may be done on the next business day. The Friday after Thanksgiving is treated as a holiday for this section.

This section sets the established mailed ballot election dates as the first Tuesday after the first Monday in May and the last Tuesday in August each year.

The elections official must test ballot-tabulation devices no later than seven days before an election covered by the code.

Election computer vote count programs must be deposited with the Secretary of State, kept for set periods, and used only for specified official purposes.

The Secretary of State must review administrative procedures for voting systems by January 1 every even-numbered year and amend them if necessary.

Elections officials must adopt canvass procedures that match approved voting system procedures and make those procedures available for public inspection at least 29 days before each election.

Qualified political parties, certain citizen associations, and media organizations may place up to two representatives at the central counting place to observe and review tabulating device preparation and testing. The county elections official may cap subdivision (b) representatives at 10, but subdivision (a) representatives are not subject to that cap.

The Attorney General must give guidance to county elections officials and election-site managers on how to respond when law enforcement seeks access to ballot-handling areas.

Peace officers must not interfere with election administration or related official duties, unless needed to respond to urgent threats to public health and safety.

This chapter applies to processing vote-by-mail ballots during the 29 days before an election, and during the semifinal and official canvass.

An elections official may start processing vote-by-mail ballots when the ballots are mailed, but not later than 29 days before the election. Vote counts cannot be accessed or released until 8 p.m. on election day, and results cannot be released before polls close.

The official must set up special counting board(s), provide tally book forms and assign canvassing duties, and use at least four people for each office or proposition when tallying by hand.

The elections official must pay each member of the canvassing board of vote by mail ballots reasonable compensation.

Vote-by-mail ballot processing must be open to the public, observers may watch and challenge handling, and observers must not interfere or challenge signatures on a voter-registration-match basis.

A challenge to a vote-by-mail voter may be made for the same reasons as a polling-place voter challenge, and also if the ballot was late or the person is serving a state or federal prison term for a felony. All challenges must be made before the identification envelope is opened.

Vote-by-mail ballot processing and challenge handling must follow the laws in force for the election involved, unless otherwise provided. A challenger must present extraordinary proof of the challenge’s validity when the challenge is made if the voter is not present.

If a challenge is overruled, the board must open the identification envelope and handle the ballot without defacing, mutilating, or viewing it, then destroy any numbered slip and store the ballots securely.

If a challenge is allowed, the board must endorse the challenge cause and the board’s action on the face of the identification envelope.

Vote-by-mail ballots must be counted and canvassed the same way and under the same regulations as precinct polling-place ballots, unless this chapter provides otherwise.

The elections official must report the findings of the canvass of vote-by-mail ballots to the Secretary of State.

The elections official must keep an accurate list of voters who received and voted a vote by mail ballot at each election, compare it with the Section 15278 roster, and include each voter’s election precinct.

In certain consolidated elections using one ballot form, vote-by-mail ballots are counted only for elections covered by vote-by-mail privileges, and they may be counted for both elections if received within the longer applicable receipt period.

The elections official must conduct a semifinal official canvass for every election by tabulating vote-by-mail and precinct ballots and compiling the results.

The elections official must send semifinal official results to the Secretary of State under the Secretary of State’s schedule before each election, and then keep sending results at least every two hours after the semifinal official canvass starts.

Votes may not be counted before the polls close in the county, and results may be made public only after counting is allowed; cross-county results must wait until all relevant counties have closed.

During the semifinal official canvass, write-in votes must be counted under Article 3 of Chapter 4, starting with Section 15340.

Some ballots must be rejected if not marked as required by law, and rejected ballots must be labeled and handled as directed. Certain defects do not make a ballot invalid.

If paper ballots are used with this system, the counting must follow Article 5 and Article 6.

After polls close, the precinct board must publicly seal and prepare voted-ballot containers and packages, then deliver them to the elections official; at least two board members must make the delivery.

If ballots are counted at a central counting place, at least two precinct board members must deliver them in a sealed container to that place or a designated receiving station after the polls close.

A vote tabulating device may be placed anywhere in the state if approved by the relevant county or local elections official, and it may be jointly owned, borrowed, leased, or used by multiple local governments.

Public viewing is required at central counting places, and most people may not touch ballot containers.

A person may be hired to count, tally, and certify ballots if they are not a candidate and meet one of the listed qualifications. People selected to count ballots do not have to live in any particular precinct.

The elections official, or an authorized deputy, may remove or dismiss a person from a counting board and enforce that order.

The elections official or authorized deputy must separate ballot counters into counting boards.

Ballot containers must be opened, ballots checked and grouped, and certain ballots segregated for duplication.

Certain election-related storage media and copies must be kept in a secure location and retained for specified periods.

Defective ballots must be corrected or duplicated so each voter’s vote is counted by the automatic tabulating equipment.

If a county uses more than one voting system, precincts not covered by this article are counted under other code provisions, precincts covered by this article are counted under this article, and the statement of the vote must combine all results and vote-by-mail ballot canvass results.

If an emergency makes it impossible to move ballots from the precinct to a central counting place, the elections official may direct precinct counting.

This article applies to elections where votes are counted at a polling place or vote center using a voting machine.

The precinct board must lock the voting machine when polls close, count the votes, complete and return required forms, and post results with limited disclosure rules when fewer than 10 ballots are cast on a machine.

After receiving precinct board vote results, the elections official must either publish the received results for offices and measures or compare them with the public results from the central tabulation or tally system.

The elections official must establish one or more election return centers, and may choose the precincts they serve and the public place where the center is located.

The elections official may set up one or more ballot-counting centers and transmit results by voice telephone or facsimile. The list of designated precincts for each center must be available for public inspection at least 15 days before the election.

This article applies to elections where ballots are counted by hand.

An elections official may conduct a manual vote count only if the count follows a Secretary of State–approved plan, and the Secretary of State must prepare a template plan.

The Secretary of State must adopt regulations about manual vote counts.

An elections official may conduct a manual vote count when a natural disaster or other state of emergency makes use of a certified voting system not feasible.

After the polls close, the precinct board must open the ballot box, count the ballots, and record the ballot and signature totals on the roster.

The vote count must be public, continue without adjournment until finished and the result is declared, and ballots and tally sheets must stay in watchers’ clear view during reading and tallying.

Precinct board members may not split into separate squads to count ballots at the same time, unless another part of the code allows it.

Members of the precinct board may help each other with counting ballots.

The board must count the vote by tallying it for one or more offices or measures at a time.