Elections Code — Part 3 | ELEC — United States — California law | Esheria

Elections Code

Part 3 of 12 · provisions 401–600

This act is known as the Elections Code.

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United States — California
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Statute overview

About this statute

The Office of Elections Cybersecurity is created and must coordinate election cybersecurity work, develop best practices, share threat information, and help counter false or misleading election-related information. If a voter cannot personally enter the information required by Section 100, the voter may ask someone else to print the voter’s name and residence, but the voter must personally make a mark or sign, and that mark or signature must be witnessed by one person who signs their name. A person may vote in a local, special, or consolidated election if registered in one of the precincts that make up those election precincts and if voting is in accordance with this code. Statewide special elections must be called, conducted, and canvassed under the same rules as general elections, unless another law specifically says otherwise. A city or district may ask the county board of supervisors to let the county elections official provide election services, and the request must be by resolution.

Legal text

Provisions of Elections Code

Showing 200 of 2,352

  1. 13311.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. )

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

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. ) ## 13311. Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the statements filed pursuant to Section 13307 shall remain confidential until the expiration of the filing deadline. (Amended by Stats. 2021, Ch. 615, Sec. 99. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  2. 13312.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. ) ## 13312. (a) Each county voter information guide prepared pursuant to subdivision (b) of Section 13307 shall contain a notice in the heading of the first page, not smaller than 10-point type, that specifies both of the following: (1) That the county voter information guide does not contain a complete list of candidates and that a complete list of candidates appears on the sample ballot (if any candidate is not listed in the county voter information guide). (2) That each candidate’s statement in the county voter information guide is volunteered by the candidate and (if printed at the candidate’s expense) is printed at the candidate’s expense. (b) If a local agency has authorized each candidate for nonpartisan elective office to prepare a candidate’s statement for the purpose of electronic distribution pursuant to subdivision (c) of Section 13307, and if a candidate has submitted a statement for that purpose, the notice required by subdivision (a) shall specify that additional statements are available on the internet website of the elections official and shall include the internet website address at which the statements may be viewed. (Amended by Stats. 2023, Ch. 131, Sec. 56. (AB 1754) Effective January 1, 2024.)
  3. 13313.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. ) ## 13313. (a) The elections official shall make a copy of the material referred to in Section 13307 available for public examination in the elections official’s office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Any person may obtain a copy of the candidate’s statements from the elections official for use outside of the elections official’s office. The elections official may charge a fee to any person obtaining a copy of the material, and the fee may not exceed the actual cost incurred by the elections official in providing the copy. (b) (1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the material in the candidates statements to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period. (2) A peremptory writ of mandate or an injunction shall issue only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. (3) The elections official shall be named as respondent and the candidate who authored the material in question shall be named as the real party in interest. In the case of the elections official bringing the mandamus or injunctive action pursuant to this subdivision, the board of supervisors of the county shall be named as the respondent and the candidate who authored the material in question shall be named as the real party in interest. (Amended by Stats. 2002, Ch. 228, Sec. 12. Effective January 1, 2003.)
  4. 13314.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. ) ## 13314. (a) (1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, county voter information guide, state voter information guide, or other official matter, or that any neglect of duty has occurred, or is about to occur. (2) A peremptory writ of mandate shall issue only upon proof of both of the following: (A) That the error, omission, or neglect is in violation of this code or the Constitution. (B) That issuance of the writ will not substantially interfere with the conduct of the election. (3) The action or appeal shall have priority over all other civil matters. (4) The Secretary of State shall be named as a respondent or a real party in interest in any proceeding under this section concerning a measure or a candidate described in Section 15375, except for a candidate for judge of the superior court. (b) Venue for a proceeding under this section shall be exclusively in Sacramento County in any of the following cases: (1) The Secretary of State is named as a real party in interest or as a respondent. (2) A candidate for statewide elective office is named as a party. (3) A statewide measure that is to be placed on the ballot is the subject of the proceeding. (Amended by Stats. 2016, Ch. 422, Sec. 74. (AB 2911) Effective January 1, 2017.)
  5. 13316.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. ) ## 13316. Notwithstanding any other law to the contrary, a county, city, city and county, or district using voting machines may use reasonable facsimiles of the county voter information guides sent to the voters of the local jurisdiction as vote by mail ballots. (Amended by Stats. 2016, Ch. 422, Sec. 76. (AB 2911) Effective January 1, 2017.)
  6. 13317.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. )

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

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. State and County Voter Information Guides [13300 - 13317] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 422, Sec. 63. ) ## 13317. Notwithstanding any other law to the contrary, a county, city, city and county, or district using vote tabulating devices may use reasonable facsimiles of the county voter information guides sent to the voters of the local jurisdiction as vote by mail ballots. (Amended by Stats. 2016, Ch. 422, Sec. 77. (AB 2911) Effective January 1, 2017.)
  7. 13400.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Facsimile Copies of Ballots [13400- 13400.] ( Chapter 5 added by Stats. 2017, Ch. 845, Sec. 7. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Facsimile Copies of Ballots [13400- 13400.] ( Chapter 5 added by Stats. 2017, Ch. 845, Sec. 7. ) ## 13400. (a) A vote by mail voter may request that a facsimile copy of his or her ballot in the language of his or her preference be sent to him or her by regular mail or electronic mail if the voter lives in a precinct that requires a facsimile copy of the ballot in that language pursuant to Section 14201. The county elections officer shall provide instructions to vote by mail voters in the county voter information guide and on the county elections Internet Web site on how to request a facsimile copy of a ballot, in all languages that the county is required to provide facsimile copies of ballots. A vote by mail voter may request a facsimile copy of a ballot by telephone, mail, online, or when requesting a vote by mail ballot from the county no later than seven days before election day. (b) The county elections official shall prepare the requested facsimile copies described in subdivision (a) no later than 10 days before election day. Requests received by the county elections official 10 days or more before election day shall be processed by the 10th day prior to election day. (c) This section does not limit an elections official from distributing facsimile copies of the ballot more widely than as required by subdivision (a) or earlier than required by subdivision (b). (Added by Stats. 2017, Ch. 845, Sec. 7. (AB 918) Effective January 1, 2018.)
  8. 13500.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. )

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    This chapter applies only to partisan primary elections.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. ) ## 13500. This chapter applies only to partisan primary elections. (Added by Stats. 2017, Ch. 819, Sec. 1. (AB 837) Effective January 1, 2018.)
  9. 13501.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. ) ## 13501. (a) The Secretary of State shall include in the state voter information guide the information specified in subdivision (a) of Section 9083.5, including a statement explaining that a voter who has declined to disclose a political party preference may not vote in a political party’s primary election unless the political party has authorized a voter who has declined to disclose a political party preference to vote in its primary election. (b) The Secretary of State shall make all of the following information available on the Secretary of State’s Internet Web site: (1) A statement that a voter who has declined to disclose a political party preference may vote in a political party’s partisan primary election if the political party, by party rule duly noticed to the Secretary of State, authorizes a voter who has declined to disclose a political party preference to vote in the next ensuing partisan primary election. (2) The name of each political party that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election. (3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election. (c) A county elections official shall include all of the information described in paragraphs (1) to (3), inclusive, of subdivision (b) in the nonpartisan county voter information guide prepared pursuant to Section 13300 and shall make the information available on the official’s Internet Web site. In addition, the county elections official shall send an email to the email address of a voter who has declined to disclose a political party preference notifying the voter that he or she may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized. The county elections official shall also provide the notice to a voter who has declined to disclose a political party preference by text message if the voter has provided written consent to receive text messages from the county elections official. (Added by Stats. 2017, Ch. 819, Sec. 1. (AB 837) Effective January 1, 2018.)
  10. 13502.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. )

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

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. ) ## 13502. (a) With each nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference, the county elections official shall include a notice informing the voter that the voter may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized. (b) Prior to each partisan primary election, county elections officials shall mail to every voter who has declined to disclose a political party preference a notice and application regarding voting in the primary election. (1) The notice shall inform the voter that the voter may request a vote by mail ballot for a particular political party for the primary election, if that political party adopted a party rule, duly noticed to the Secretary of State, authorizing these voters to vote in their primary election. The notice shall also contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule. (2) The application shall contain a list of political parties that have authorized a voter who has declined to disclose a political party preference to vote that party’s ballot, and next to each party’s name, a box to mark indicating that the voter wishes to vote that party’s ballot. The application shall also require the voter to provide personal identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last names, home address, and date of birth, and shall require the voter to sign the application. The notice or application shall instruct the voter that they may request a vote by mail ballot for the party they select by submitting the completed application to the appropriate county elections official in person, by mail, email, or facsimile transmission, or by other electronic means made available by the county elections official. (c) In addition to the method specified in subdivision (b) and any other method permitted by law, a voter who has declined to disclose a political party preference may request the ballot of a political party that has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election as described in this subdivision. A voter requesting a ballot pursuant to this subdivision shall provide identifying information that matches the information contained on the voter’s affidavit of registration, including their date of birth, home address, and first and last names. If requesting a ballot pursuant to paragraph (3), the voter must also provide their signature. The voter may request a ballot as follows: (1) By telephone subject to the following conditions: (A) A person shall not request a party’s ballot pursuant to this section using the name of, or on behalf of, another person. (B) Prior to being asked for personal identifying information, a voter requesting a party’s ballot pursuant to this section shall be advised as follows: “Only the registered voter themself may request a ballot from a political party. A request for a party’s ballot that is made by any person other than the voter is a criminal offense.” (C) The voter’s signature shall not be required. (2) On an application over the internet if available. The voter’s signature shall not be required. (3) By a written statement application submitted in person, or by mail, email, or facsimile transmission. (4) By text message to the appropriate elections official, if the county has established a system for processing such a request. The voter’s signature shall not be required. (d) A voter who has declined to disclose a political party preference and who has received a nonpartisan vote by mail ballot may return their unvoted ballot to the county elections official and request and receive a vote by mail ballot, or appear to vote in person and receive a ballot, for a political party if the political party has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election. (e) The Secretary of State shall prepare and distribute to county elections officials a uniform application format for a voter to request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized. (Amended by Stats. 2023, Ch. 646, Sec. 1. (AB 292) Effective January 1, 2024.)
  11. 13502.5.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. )

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    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.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Partisan Primary Elections [13500 - 13502.5] ( Chapter 6 added by Stats. 2017, Ch. 819, Sec. 1. ) ## 13502.5. (a) This section applies to a nonpartisan ballot provided to a voter who has declined to disclose a political party preference for use in voting in a presidential primary election. (b) (1) A notice shall be printed on the ballot, in substantially the following form, that advises the voter of at least the following information: (A) You are registered as a No Party Preference voter and therefore ineligible to vote for a presidential candidate unless you request and vote a partisan ballot. (B) The following parties allow a No Party Preference voter to vote in their presidential primaries: [list of parties]. You may request a ballot to vote in one of these primaries from your county elections official. (2) The notice printed on the ballot shall also advise the voter that they may find the additional information described in subdivision (c) in the voter information guide or on the county elections official’s internet website. (c) The notice printed on the ballot may advise the voter of additional information, including the following: (1) A list of means available in the county for the voter to request a partisan ballot. (2) A statement that if the voter wishes to vote in the presidential primary of a party that does not permit a No Party Preference voter to vote, the voter must update their voter registration and request the ballot of that party. (3) A list of means available in the county for the voter to request a remote accessible vote by mail ballot, in case the voter is unable to request and receive a partisan ballot in time to return it for an upcoming election. (4) A description of the county’s procedures for accepting and processing a remote accessible vote by mail ballot. (Amended by Stats. 2024, Ch. 80, Sec. 41. (SB 1525) Effective January 1, 2025.)
  12. 13600.

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Ballot Mistakes [13600- 13600.] ( Chapter 7 added by Stats. 2025, Ch. 289, Sec. 1. )

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

    ## Elections Code - ELEC ## DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS [13000 - 13600] ( Division 13 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Ballot Mistakes [13600- 13600.] ( Chapter 7 added by Stats. 2025, Ch. 289, Sec. 1. ) ## 13600. The Secretary of State, in consultation with county elections officials, shall develop uniform standards and guidelines for a voter to correct mistakes made on the voter’s ballot. The Secretary of State may adopt appropriate regulations for the purpose of ensuring uniform application of the standards and guidelines. (Added by Stats. 2025, Ch. 289, Sec. 1. (AB 1072) Effective January 1, 2026.)
  13. 14.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14. In case of a disaster in which a portion or all of the voting records of any county are destroyed, the Governor may appoint an election commission to outline and recommend procedures to be followed in the conduct of regular or special elections. The commission shall consist of the Governor, the Secretary of State, the Attorney General, and the county elections official of each county in which destruction occurs. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  14. 1400.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 1400. Each special election shall be held on one of the established election dates set by this division or on the date of any statewide special election except as provided in Section 1003. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  15. 14000.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14000. (a) If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote. (b) No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. (c) If the employee on the third working day prior to the day of election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days’ notice that time off for voting is desired, in accordance with this section. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  16. 14001.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14001. Not less than 10 days before every statewide election, every employer shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  17. 14002.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14002. Sections 14000, 14001, and 14004 shall apply to all public agencies and the employees thereof, as well as to employers and employees in private industry. (Amended by Stats. 2019, Ch. 223, Sec. 2. (AB 17) Effective January 1, 2020.)
  18. 14003.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14003. Except in time of war or public danger, no voter is obliged to perform militia duty on any election day. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  19. 14004.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Privileges of Voters [14000 - 14004] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14004. (a) An employer shall not require or request that an employee bring the employee’s vote by mail ballot to work or vote the employee’s vote by mail ballot at work. (b) This section does not prohibit an employer from encouraging an employee to vote. (Added by Stats. 2019, Ch. 223, Sec. 3. (AB 17) Effective January 1, 2020.)
  20. 14025.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14025. This act shall be known and may be cited as the California Voting Rights Act of 2001. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  21. 14026.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14026. As used in this chapter: (a) “At-large method of election” means any of the following methods of electing members to the governing body of a political subdivision: (1) One in which the voters of the entire jurisdiction elect the members to the governing body. (2) One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body. (3) One that combines at-large elections with district-based elections. (b) “District-based elections” means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district. (c) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a general law city, general law county, charter city, charter county, charter city and county, school district, community college district, or other district organized pursuant to state law. (d) “Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). (e) “Racially polarized voting” means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. The methodologies for estimating group voting behavior as approved in applicable federal cases to enforce the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.) to establish racially polarized voting may be used for purposes of this section to prove that elections are characterized by racially polarized voting. (Amended by Stats. 2016, Ch. 86, Sec. 121. (SB 1171) Effective January 1, 2017.)
  22. 14027.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14027. An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class, as defined pursuant to Section 14026. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  23. 14028.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14028. (a) A violation of Section 14027 is established if it is shown that racially polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision. Elections conducted prior to the filing of an action pursuant to Section 14027 and this section are more probative to establish the existence of racially polarized voting than elections conducted after the filing of the action. (b) The occurrence of racially polarized voting shall be determined from examining results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class. One circumstance that may be considered in determining a violation of Section 14027 and this section is the extent to which candidates who are members of a protected class and who are preferred by voters of the protected class, as determined by an analysis of voting behavior, have been elected to the governing body of a political subdivision that is the subject of an action based on Section 14027 and this section. In multiseat at-large election districts, where the number of candidates who are members of a protected class is fewer than the number of seats available, the relative groupwide support received by candidates from members of a protected class shall be the basis for the racial polarization analysis. (c) The fact that members of a protected class are not geographically compact or concentrated may not preclude a finding of racially polarized voting, or a violation of Section 14027 and this section, but may be a factor in determining an appropriate remedy. (d) Proof of an intent on the part of the voters or elected officials to discriminate against a protected class is not required. (e) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors to establish a violation of Section 14027 and this section. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  24. 14029.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14029. Upon a finding of a violation of Section 14027 and Section 14028, the court shall implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy the violation. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  25. 14030.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14030. In any action to enforce Section 14027 and Section 14028, the court shall allow the prevailing plaintiff party, other than the state or political subdivision thereof, a reasonable attorney’s fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. Prevailing defendant parties shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  26. 14031.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14031. This chapter is enacted to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  27. 14032.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.5. Rights of Voters [14025 - 14032] ( Chapter 1.5 added by Stats. 2002, Ch. 129, Sec. 1. ) ## 14032. Any voter who is a member of a protected class and who resides in a political subdivision where a violation of Sections 14027 and 14028 is alleged may file an action pursuant to those sections in the superior court of the county in which the political subdivision is located. (Added by Stats. 2002, Ch. 129, Sec. 1. Effective January 1, 2003.)
  28. 1405.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 1405. (a) Except as provided in subdivision (b), the election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9310 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election. (b) The governing body of a county, city, or district may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear on the ballot pursuant to subdivision (a). If the governing body calls a special election pursuant to this subdivision, the election shall be held not less than 88 days nor more than 103 days after the order of the election. (Amended by Stats. 2017, Ch. 748, Sec. 1. (AB 765) Effective January 1, 2018.)
  29. 14050.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14050. This chapter shall be known and may be cited as the California Voter Participation Rights Act. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  30. 14051.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14051. As used in this chapter: (a) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. (b) “Significant decrease in voter turnout” means the voter turnout for a regularly scheduled election in a political subdivision is at least 25 percent less than the average voter turnout within that political subdivision for the previous four statewide general elections. (c) “Voter turnout” means the percentage of voters who are eligible to cast ballots within a given political subdivision who voted. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  31. 14052.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14052. (a) Except as provided in subdivision (b), a political subdivision shall not hold an election other than on a statewide election date if holding an election on a nonconcurrent date has previously resulted in a significant decrease in voter turnout. (b) A political subdivision may hold an election other than on a statewide election date if, by January 1, 2018, the political subdivision has adopted a plan to consolidate a future election with a statewide election not later than the November 8, 2022, statewide general election. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  32. 14053.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14053. Upon a finding of a violation of subdivision (a) of Section 14052, the court shall implement appropriate remedies, including the imposition of concurrent election dates for future elections and the upgrade of voting equipment or systems to do so. In imposing remedies pursuant to this section, a court may also require a county board of supervisors to approve consolidation pursuant to Section 10402.5. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  33. 14054.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14054. In an action to enforce subdivision (a) of Section 14052, the court shall allow the prevailing plaintiff other than the state or political subdivision of the state, a reasonable attorney’s fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. A prevailing defendant shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  34. 14055.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14055. A voter who resides in a political subdivision where a violation of subdivision (a) of Section 14052 is alleged may file an action pursuant to that section in the superior court of the county in which the political subdivision is located. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  35. 14056.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

    This chapter does not apply to special elections.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14056. This chapter does not apply to special elections. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Section operative January 1, 2018, pursuant to Section 14057.)
  36. 14057.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. )

    Verify source ↗

    Chapter 1.7 becomes operative on January 1, 2018.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1.7. Voter Participation [14050 - 14057] ( Chapter 1.7 added by Stats. 2015, Ch. 235, Sec. 1. ) ## 14057. This chapter shall become operative on January 1, 2018. (Added by Stats. 2015, Ch. 235, Sec. 1. (SB 415) Effective January 1, 2016. Note: This section postpones, until January 1, 2018, the operation of Chapter 1.7, commencing with Section 14050.)
  37. 1410.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 1410. The election for a county or municipal referendum that qualifies pursuant to Section 9144 or 9237 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election or at a special election called for that purpose not less than 88 days after the date of the order of election. (Added by Stats. 1996, Ch. 1143, Sec. 33. Effective September 30, 1996.)
  38. 14100.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14100. The county elections official, in providing the materials required by this division, shall not be required to utilize the services of the county purchasing agent. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  39. 14101.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14101. (a) On or before the first day of January of each even-numbered year, the Secretary of State and the Attorney General shall prepare a brief digest containing the substance of those provisions of this code and of other statutes that pertain to the duties of precinct officers during the casting and the canvassing of the vote. This digest shall contain in each case a reference to the section of this code or other statute, by reference to which further examination of its provisions may be made. (b) Immediately upon the completion of the digest set forth in subdivision (a), the Secretary of State shall send a copy to each county elections official. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  40. 14102.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14102. (a) (1) For each statewide election, the elections official shall provide a sufficient number of official ballots in each precinct to reasonably meet the needs of the voters in that precinct on election day using the precinct’s voter turnout history as the criterion, but in no case shall this number be less than 75 percent of registered voters in the precinct, and for vote by mail and emergency purposes shall provide the additional number of ballots that may be necessary. (2) The number of party ballots to be furnished to any precinct for a primary election shall be computed from the number of voters registered in that precinct as intending to affiliate with a party, and the number of nonpartisan ballots to be furnished to any precinct shall be computed from the number of voters registered in that precinct without statement of intention to affiliate with any of the parties participating in the primary election. (b) For all other elections, the elections official shall provide a sufficient number of official ballots in each precinct to reasonably meet the needs of the voters in that precinct on election day, using the precinct’s voter turnout history as the criterion, but in no case shall this number be less than 75 percent of the number of registered voters in the precinct, and for vote by mail and emergency purposes shall provide the additional number of ballots that may be necessary. (c) Notwithstanding subdivisions (a) and (b), in elections conducted using voter centers, the elections official shall provide sufficient materials for voting. (Amended by Stats. 2017, Ch. 806, Sec. 44. (SB 286) Effective January 1, 2018.)
  41. 14103.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14103. (a) Before the opening of the polls at any election, the elections official shall cause to be delivered to the precinct board in each precinct in which the election is to be held, the proper number of ballots of the kinds to be used in that precinct. The ballots shall be delivered in sealed packages with marks on the outside clearly designating the precinct or polling place for which they are intended, and the number of ballots enclosed. (b) Notwithstanding subdivision (a), in elections conducted using vote centers, ballots or ballot stock shall be delivered in sealed packages indicating the number of ballots or the amount of ballot stock enclosed. (Amended by Stats. 2017, Ch. 806, Sec. 45. (SB 286) Effective January 1, 2018.)
  42. 14104.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14104. The elections official shall prepare a receipt for each polling place, enumerating the packages and stating the date of delivery to the precinct board member. The precinct board member shall sign the receipt upon receipt of the packages. The signed receipt shall be returned to the elections official. Messengers may be employed to insure the safe and expeditious delivery of the ballots. The elections official shall fix a reasonable compensation for the services of these messengers, to be paid in the same manner as other election expenses. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  43. 14105.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14105. The elections official shall furnish to each polling place all of the following: (a) At least one accessible copy of the voter list. (b) Necessary printed blanks for the roster, tally sheets, voter list, declarations, and returns. (c) Not fewer than 6 nor more than 12 instruction cards to each polling place for the guidance of voters in obtaining and marking their ballots. On each card shall be printed necessary instructions and the provisions of Sections 14225, 14279, 14280, 14287, 14291, 14295, 15271, 15272, 15273, 15276, 15277, 15278, 18370, 18380, 18403, 18563, and 18569. (d) A digest of the election laws with any further instructions the county elections official may desire to make. (e) An American flag of sufficient size to adequately assist the voter in identifying the polling place. The flag is to be erected at or near the polling place. (f) A ballot container, properly marked on the outside indicating its contents. If it is necessary to supply additional ballot containers, these additional containers shall also be marked on the outside indicating their contents. (g) At least one copy of the certified write-in list, if applicable. (h) A sufficient number of cards to each polling place containing the telephone number of the office to which a voter may call to obtain information about the voter’s polling place. The card shall state that the voter may call collect during polling hours. (i) An identifying badge or insignia for each member of the precinct board. The member shall print the member’s name on the badge or insignia, and shall wear the badge or insignia at all times in the performance of duties, so as to be readily identified as a member of the precinct board by all persons entering the polling place. (j) Facsimile copies of the ballot containing ballot measures and ballot instructions printed in Spanish or other languages as provided in Section 14201. (k) Sufficient copies of the notices to be posted on the voter list used at the polls. The notice shall read as follows: “This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14297. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.” (l) A roster for each polling place in the form prescribed in Section 14107. (m) Printed copies of the Voter Bill of Rights, as supplied by the Secretary of State. The Voter Bill of Rights shall be conspicuously posted both inside and outside every polling place. (n) For a partisan primary election, printed copies of the posters or other materials described in Section 14105.2. The posters or other materials shall be conspicuously posted both inside and outside every polling place. (o) Handheld magnifying glasses, displayed and available at the table or desk used by the precinct board. (p) A signature guide card, to assist persons while signing their names on the roster, displayed and available at the table or desk used by the precinct board. (Amended by Stats. 2023, Ch. 658, Sec. 1. (AB 545) Effective January 1, 2024.)
  44. 14105.1.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14105.1. In addition to the materials identified in Section 14105, the elections official shall furnish to the polling place printed copies of the notices specified in Section 9083.5, as supplied by the Secretary of State. The notices shall be conspicuously posted both inside and outside every polling place. (Amended by Stats. 2017, Ch. 806, Sec. 47. (SB 286) Effective January 1, 2018.)
  45. 14105.2.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14105.2. (a) For a partisan primary election, the Secretary of State shall prepare and print posters or other materials that contain all of the following information: (1) A statement that a voter who has declined to disclose a political party preference may vote in a political party’s partisan primary election if the political party, by party rule duly noticed to the Secretary of State, authorizes a voter who has declined to disclose a political party preference to vote in the next ensuing partisan primary election. (2) The name of each political party that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election. (3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election. (b) The Secretary of State shall supply the posters or other materials described in subdivision (a) to each elections official who shall furnish the materials to the precinct officers pursuant to Section 14105. (Added by Stats. 2017, Ch. 819, Sec. 3. (AB 837) Effective January 1, 2018.)
  46. 14105.3.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14105.3. (a) The federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) requires voting information to be publicly posted at each polling place for each election for federal office. Voting information is defined as including general information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated. (b) The Secretary of State shall print posters and other appropriate materials setting forth the voter rights listed in Section 2300. The posters shall be printed in as many languages as the Secretary of State determines are necessary, but, at a minimum, in sufficient languages to comply with Section 14201 and with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). The Secretary of State shall distribute the posters and materials to all county elections officials sufficiently in advance of statewide elections. (Amended by Stats. 2017, Ch. 806, Sec. 48. (SB 286) Effective January 1, 2018.)
  47. 14105.5.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14105.5. Members of the precinct board shall not display, distribute, or make available at the polling place any materials other than those required pursuant to this division without the express approval of the county elections official. (Added by Stats. 1994, Ch. 1189, Sec. 8. Effective January 1, 1995.)
  48. 14106.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14106. In addition to the materials required by Section 14105, the elections official shall provide signs, or materials for making signs, advising voters that an election has been canceled pursuant to Section 8026 due to the death of the candidate-incumbent and that a special election will be held to fill the vacancy. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  49. 14107.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14107. (a) The roster to be kept by each precinct board shall contain all of the following: (1) Space for the voter’s signature. (2) The residence address of the voter. (3) At the heading of each page or signature area, the following words: “WARNING: It is a crime punishable by imprisonment in the state prison or in county jail for anyone to fraudulently vote, fraudulently attempt to vote, vote more than once, attempt to vote more than one, impersonate a voter, or attempt to impersonate a voter (Sec. 18560, Elections Code).” (4) Immediately below the final signature on the roster, the following statements: (A) We hereby certify that all voters whose signatures appear hereinbefore in this roster voted this day excepting the following who, after signing the roster, failed to vote or were challenged and denied the right to vote. No. _____ Name No. _____ Name (B) We further certify that the number of voters who voted in this precinct at this election is ____, and that the above list of voters, less those who did not vote as enumerated, constitutes the roster of this precinct for this election. We further certify that the total number of official ballots received, voted, rejected, spoiled and canceled, found in the ballot container and the number accounted for is as indicated on the ballot statement. We further certify that the assisted voters list and challenge list show a complete list of all voters assisted or challenged. _____ Clerk _____ Clerk _____ Clerk _____ Inspector All members of the precinct board shall sign this certificate. (b) When votes are counted at the precinct, all members of the board shall also sign the certificate of performance prescribed in Section 15280. (Amended by Stats. 2017, Ch. 806, Sec. 49. (SB 286) Effective January 1, 2018.)
  50. 14109.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14109. Notwithstanding Sections 14105 and 14107, the roster to be kept by each precinct board may be in a form of an index to the affidavits of registration for that precinct, in which case the index shall provide space of sufficient size to allow each voter to sign his or her name pursuant to Section 14216. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  51. 14110.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14110. All officers required by law to designate polling places shall furnish the polling places with a sufficient number of places, booths, or compartments, at or in which voters may conveniently mark their ballots, so that they may be screened from the observation of others. Each place, compartment, or booth shall be so adjusted as to conceal from any observation the voter’s marking of the ballot. The number of voting booths or compartments shall be determined by the officer conducting the election. This section shall become operative on January 1, 1990. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  52. 14111.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14111. Translations of the ballot measures and ballot instructions, as required by Section 14201, shall be provided by a person selected by the elections official who is one of the following: (a) A certified and registered interpreter on the Judicial Council Master List. (b) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts. (c) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education. (d) A current voting member in good standing of the American Translators Association. (e) A current member in good standing of the American Association of Language Specialists. (Amended by Stats. 2015, Ch. 144, Sec. 2. (SB 366) Effective January 1, 2016.)
  53. 14112.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14112. All voting equipment shall be transferred to the polling places in charge of an authorized official, who shall certify to their delivery in good order. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  54. 14113.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Precinct Supplies [14100 - 14113] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14113. The containers of the ballots furnished to the polling places shall provide adequate protection for the ballots during storage and upon removing the ballots. (Amended by Stats. 2017, Ch. 806, Sec. 50. (SB 286) Effective January 1, 2018.)
  55. 1415.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Special Elections [1400 - 1415] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 1415. (a) (1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255 shall be submitted to the voters at the next established statewide general election pursuant to Section 1200 occurring not less than 88 days after the date of the order of election. (2) The governing body of a city or city and county may direct that either of the following be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election: (A) A charter proposal that proposes to amend a charter in a manner that does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization. (B) A charter proposal that proposes to amend a charter solely to comply with a court injunction or consent decree or with federal or state voting rights laws. (b) A city or city and county charter proposal that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city or 10 percent of the registered voters of a city and county, pursuant to subdivision (c) of Section 9255, shall be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election. (Amended by Stats. 2013, Ch. 184, Sec. 1. (SB 311) Effective January 1, 2014.)
  56. 14200.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14200. A member of each precinct board shall cause the following voting information to be publicly posted at each polling place: (a) A sample version of the ballot that will be used for the election. (b) Information regarding the date of the election and the hours during which polling places will be open. (c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot. (d) Instructions for mail-in registrants and first-time voters under Section 303(b) of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated. (f) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation as they pertain to elections. (g) Information regarding the languages other than English in which members of the precinct board can assist voters. The information shall be provided in all of the languages other than English spoken by the members. (Amended by Stats. 2017, Ch. 845, Sec. 8.5. (AB 918) Effective January 1, 2018.)
  57. 14201.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14201. (a) In counties and precincts where the Secretary of State has determined that it is appropriate, the county elections official shall provide facsimile copies of the ballot, as described in subdivision (b), with the ballot measures and ballot instructions printed in Spanish, one of which shall be posted in a conspicuous location in the polling place and at least one of which shall be made available for voters at the polling place to use as a reference when casting a private ballot. Facsimile ballots shall also be printed in other languages and provided in the same manner if a significant and substantial need is found by the Secretary of State. A facsimile copy of the ballot available for voters to use in casting a private ballot shall be sufficiently distinct in appearance from a regular ballot to prevent voters from attempting to vote on the facsimile copy. (b) (1) In determining if it is appropriate to provide the election materials in Spanish or other languages, the Secretary of State shall determine the number of residents of voting age in each county and precinct who are members of a single language minority, and who lack sufficient skills in English to vote without assistance. If the number of these residents equals 3 percent or more of the voting-age residents of a particular county or precinct, or if interested citizens or organizations provide the Secretary of State with information that gives the Secretary of State sufficient reason to believe a need for the furnishing of facsimile ballots, the Secretary of State shall find a need to provide at least two facsimile copies with the ballot measures and ballot instructions printed in Spanish or other applicable language in the affected polling places. (2) If the Secretary of State determines that the number of voting-age residents in a precinct who are members of a single language minority and who lack sufficient skills in English to vote without assistance exceeds 20 percent of the voting-age residents in that precinct, the county elections official shall provide at least four facsimile copies of the ballot in the language of that language minority, one of which shall be posted in a conspicuous location in the polling place and at least three of which shall be made available for voters at the polling place to use as a reference when casting a private ballot. (c) (1) In polling places where facsimile copies of the ballot are necessary, members of the precinct boards shall be trained on the purpose and proper handling of the facsimile copies of the ballot and shall be prepared to inform voters of the existence of the facsimile copies of the ballot, as appropriate. (2) If a voter requests a facsimile copy of a ballot that is available in the voter’s language of preference pursuant to subdivision (a), a member of the precinct board shall provide the facsimile copy of the ballot to the voter. (3) In polling places where facsimile copies of the ballot are necessary, a sign near the roster shall inform voters of the existence of the facsimile copies of the ballot. The sign shall be in English and in the language or languages of the facsimile copies available in that polling place. (d) At least 14 days before an election, the county elections official shall provide information on the county elections internet website identifying all polling places in the county and the languages of facsimile copies of the ballot that will be available to voters at each polling place. Explanatory information pertaining to the list of polling places, but not the list itself, shall be available in all languages in which the county provides facsimile copies of the ballot. (e) The county elections official shall include text in the county voter information guide that refers voters with language needs to the portion of the county elections internet website containing the information specified in subdivision (d). The text shall be in all languages in which the county provides facsimile copies of the ballot. (f) The Secretary of State shall make the determinations and findings set forth in subdivisions (a) and (b) by January 1 of each year in which the Governor is elected. (g) (1) A county elections official shall not be required to provide facsimile copies of the ballot in a particular language if the county elections official is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (2) In a polling place where a county elections official is required pursuant to subdivision (a) to provide a facsimile copy of the ballot in a language other than English, the county elections official may instead provide voters with a ballot translated into that language. A county elections official who provides and publicizes translated ballots in the same manner as translated ballots provided and publicized pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), in lieu of providing facsimile copies of the ballot in any language required under subdivision (a), need not comply with subdivisions (c), (d), and (e) as pertaining to that language. (h) It is the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made on a statewide basis to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance. (Amended by Stats. 2019, Ch. 497, Sec. 107. (AB 991) Effective January 1, 2020.)
  58. 14202.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14202. (a) Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, at least one printed copy of the voter list for that polling place. The copies of the voter list shall be by street address in numerical order. (b) Notwithstanding subdivision (a), in elections conducted using vote centers, at each polling place the elections official or the precinct board shall provide access to the voter list. (Amended by Stats. 2017, Ch. 806, Sec. 52. (SB 286) Effective January 1, 2018.)
  59. 14203.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Election Day Posting Requirements [14200 - 14203] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14203. The precinct officer shall post the signs required by Section 14106 in plain view within each voting booth or compartment whenever an election has been canceled pursuant to Section 8026. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  60. 14210.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14210. The members of each precinct board shall distribute the duties devolving upon the precinct board, which are in addition to their individual duties, in a manner they deem most advantageous. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  61. 14211.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14211. The polling places shall be arranged so that neither the ballot containers nor the voting booths or compartments shall be hidden from the view of those present. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  62. 14212.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14212. The polls shall be open at 7 a.m. of the day of any election, and shall be kept open until 8 p.m. of the same day, when the polls shall be closed, except as provided in Sections 4005 and 14401. (Amended by Stats. 2023, Ch. 479, Sec. 10. (AB 1762) Effective January 1, 2024.)
  63. 14213.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14213. Before the precinct board receives any ballots, it shall proclaim aloud at the place of election that the polls are open. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  64. 14214.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14214. Voting shall commence as soon as the polls are opened and shall be continued during the time the polls remain open. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  65. 14215.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  66. 14216.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14216. (a) Any person desiring to vote shall state or provide his or her name and address and, upon the precinct officers finding the name in the roster, the voter shall then sign his or her name in the space provided or, if the voter is unable to sign, shall have his or her name signed by another person on the roster provided for that purpose, whereupon a challenge may be interposed as provided in this article. (b) The signature shall be capable of being retained for the prescribed retention period for the election being conducted. (c) This section does not prohibit the use of technology to capture the signature prescribed by subdivision (a). (Amended by Stats. 2017, Ch. 806, Sec. 54. (SB 286) Effective January 1, 2018.)
  67. 14217.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14217. If the precinct board is unable to find a voter’s name upon the roster, it shall inform the voter that he or she may cast a provisional ballot and the procedure for doing so. If the voter elects to cast a provisional ballot, the precinct board shall furnish the voter with a provisional ballot, in accordance with Section 14310. (Amended by Stats. 2017, Ch. 806, Sec. 55. (SB 286) Effective January 1, 2018.)
  68. 14218.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14218. If the surname of any person offering to vote has been changed since the person has registered, the person shall sign his or her name as it was before the change and also the appropriate name as it is at the time the person votes, indicating on the roster on the same line by brackets or other means that the two names are the name of one person. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  69. 14219.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14219. The precinct board shall provide, upon request, to a voter for use in the voting booth or compartment, a copy of the facsimile ballot containing ballot measures and instructions printed in Spanish or in other languages, as required by Section 14201, unless county voter information guides and ballots for voting are already being provided in that language under the federal Voting Rights Act of 1965, as amended by Public Law 94-73. (Amended by Stats. 2016, Ch. 422, Sec. 78. (AB 2911) Effective January 1, 2017.)
  70. 14220.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14220. At any election, a majority of the members of any precinct board shall be present at the polling place at all times while the polling place is open. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  71. 14221.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  72. 14222.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Amended by Stats. 2001, Ch. 104, Sec. 1. Effective January 1, 2002.)
  73. 14223.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  74. 14224.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Amended by Stats. 2012, Ch. 238, Sec. 1. (AB 1724) Effective January 1, 2013.)
  75. 14225.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14225. Members of the precinct board shall not deposit in the ballot container any ballot from which the slip containing the number of the ballot has not been removed by a member of the precinct board and handed to the voter. This section does not apply to a vote by mail ballot. (Amended by Stats. 2009, Ch. 547, Sec. 5. (AB 1572) Effective January 1, 2010.)
  76. 14227.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  77. 14227.5.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Election Day Procedures [14210 - 14227.5] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14227.5. (a) At a partisan primary election, before providing a voter who has declined to disclose a political party preference with a nonpartisan ballot or before the voter enters the voting booth, as applicable, a member of the precinct board shall provide a uniform notification to the voter informing him or her that he or she may request a political party’s ballot and the name of each political party that has authorized a voter who has declined to disclose a political party preference to vote in its ballot. (b) A county elections official shall train the members of a precinct board regarding their duties under subdivision (a). (Added by Stats. 2017, Ch. 819, Sec. 4. (AB 837) Effective January 1, 2018.)
  78. 14240.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (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 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. (Amended by Stats. 2020, Ch. 320, Sec. 9. (AB 646) Effective January 1, 2021.)
  79. 14241.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  80. 14242.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Amended by Stats. 2003, Ch. 811, Sec. 25. Effective January 1, 2004.)
  81. 14243.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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.” (Amended by Stats. 2017, Ch. 806, Sec. 57. (SB 286) Effective January 1, 2018.)
  82. 14244.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Amended by Stats. 2017, Ch. 806, Sec. 58. (SB 286) Effective January 1, 2018.)
  83. 14245.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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.” (Amended by Stats. 2007, Ch. 508, Sec. 81. Effective January 1, 2008.)
  84. 14246.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Amended by Stats. 2017, Ch. 806, Sec. 59. (SB 286) Effective January 1, 2018.)
  85. 14247.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  86. 14248.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  87. 14249.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  88. 14250.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  89. 14251.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14251. Any doubt in the interpretation of the law shall be resolved in favor of the challenged voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  90. 14252.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  91. 14253.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Challenging a Voter [14240 - 14253] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  92. 14270.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14270. The procedure at the polls where voting is conducted pursuant to this division shall be the same as at other polling places, except as provided in this article. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  93. 14271.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14271. After the opening of the polls, the precinct board shall not allow any voter to enter the voting booth until it ascertains that he or she is entitled to vote. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  94. 14272.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14272. Before each voter enters the voting booth, the precinct board shall inform him or her how to operate the voting device. If a marking or punching device is used, the voter shall be instructed to use only that device. The voter shall also be instructed how to fold the ballot and place it in the envelope. If any voter, after entering the booth, asks for information regarding the operation of the machine or device, the precinct board shall give him or her the information. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  95. 14273.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14273. The device for marking the ballot may be handed to the voter with his or her ballot before the voter goes into the voting booth, and shall be returned to the precinct board after he or she has finished marking his or her ballot. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  96. 14274.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14274. In any election where ballots are to be counted both manually and by electromechanical tabulating devices, the marking device used for marking ballots to be counted electromechanically may be used for marking ballots to be counted manually. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  97. 14275.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14275. Before leaving the voting booth or compartment, the voter shall fold or place the ballot card in the envelope so that the ballot markings of the voter will not be exposed, and the ballot stub will be outside of the envelope or other container, to be removed by the precinct board. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  98. 14277.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14277. The voter shall hand the folded ballot or the envelope containing the ballot to a precinct board member, who shall remove the ballot stub, hand it to the voter, and deposit the ballot in the ballot container. If the ballot is to be transferred from the envelope to the ballot container, care shall be taken not to disclose the markings of the voter on the ballot. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  99. 14278.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The precinct board must give each voter only one ballot.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14278. The precinct board shall give each voter only one ballot, as provided in Section 13102. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  100. 14279.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14279. Unless otherwise provided by law, no person shall apply for or receive any ballot at any precinct other than that in which the voter is entitled to vote. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  101. 14280.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14280. Unless otherwise provided by law, a voter shall not receive a ballot from any person other than one of the precinct officers. No person other than a precinct officer or officer authorized by law shall deliver a ballot to any voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  102. 14281.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  103. 14282.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14282. (a) If a voter is unable to mark a paper ballot or the ballot marking device, the voter shall receive the assistance of not more than two 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 website 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), and that a voter with a disability may vote a regular ballot outside a polling place in accordance with subdivision (d). 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) (1) A voter with a disability 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 people with disabilities. A precinct board member shall take a regular ballot or ballot marking device to that person, qualify that person to vote, and return the voted ballot to the polling place. (2) A precinct board member may satisfy paragraph (1) by only bringing a regular ballot outside to the voter if the county does not have the capability to bring the ballot marking device outside of the polling place. (3) Signage shall be posted outside the polling place and adjacent to the area where the voter may appear to vote indicating that the option is available for a voter with a disability to vote there. The polling place shall establish a method for a voter with a disability to contact a precinct board member in order to vote outside the polling place, such as a posted phone number, doorbell device, or the stationing of a precinct board member outside the polling place. (Amended by Stats. 2023, Ch. 658, Sec. 2. (AB 545) Effective January 1, 2024.)
  104. 14283.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14283. The precinct officers shall keep a list of the voters who have been assisted in marking their ballots. The list of assisted voters shall be returned to the elections official and preserved with other election materials and records. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  105. 14284.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14284. (a) All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections official. (b) If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Section 15210. (Repealed and added by Stats. 2023, Ch. 676, Sec. 44. (AB 1219) Effective January 1, 2024.)
  106. 14285.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14285. To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the candidates of the voter’s choice, up to the number of candidates to be elected. (Repealed and added by Stats. 2023, Ch. 676, Sec. 46. (AB 1219) Effective January 1, 2024.)
  107. 14286.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14286. When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as to that measure. The voter, in marking the ballot, shall use the marking device provided. (Amended by Stats. 2023, Ch. 676, Sec. 47. (AB 1219) Effective January 1, 2024.)
  108. 14287.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14287. No voter shall place personal information upon a ballot that identifies the voter. “Personal information” includes all of the following: (a) The signature of the voter. (b) The initials, name, or address of the voter. (c) A voter identification number. (d) A social security number. (e) A driver’s license number. (Amended by Stats. 2011, Ch. 739, Sec. 2. (SB 183) Effective January 1, 2012.)
  109. 14288.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14288. If a voter spoils or defaces a ballot, the voter shall at once return it to the ballot clerk and receive another ballot. A voter shall not receive more than a total of three ballots, including his or her original ballot, in this manner. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  110. 14290.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14290. The precinct board shall immediately cancel, without unfolding them, all the spoiled ballots returned. The board shall write the word “spoiled” on the back of each spoiled ballot in ink or indelible pencil and return the spoiled ballots with the unused ballots. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  111. 14291.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14291. (a) After the ballot is marked, a voter shall not show it to any person in a manner that reveals its contents, except as provided in subdivision (b). (b) A voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law. (Amended by Stats. 2016, Ch. 813, Sec. 2. (AB 1494) Effective January 1, 2017.)
  112. 14292.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14292. Before leaving the voting booth or compartment, the voter shall fold the ballot according to the instructions on it, so that the marks on its face are not visible and only the number on the ballot and the top margin are exposed. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  113. 14293.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14293. Having folded the ballot, the voter shall deliver it folded to a member of the precinct board, who shall then separate the slip containing the number from the ballot, hand the slip to the voter, and deposit the ballot in the ballot box in the presence of the voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  114. 14294.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14294. (a) At all elections, a member of the precinct board shall mark, in the space provided on the voter list posted at or near the polling place, the name of each person who has voted, by drawing a line through the name of the voter, with a pen or indelible pencil. The board member shall mark off the names at least once each hour, to and including 6 p.m. In all counties not using the voter list, the board member shall draw a line under the last name signed in the roster at 6 p.m. or at the time of discontinuation of this procedure, whichever occurs last. (b) If an electronic poll book is used at the polling place, the elections official may use a printout or an electronic means of notification of the list of each person who has voted. The elections official shall provide the printout or electronic notification at least once each hour, to and including 6 p.m., or at the time of discontinuation of this procedure, whichever occurs last. (Amended by Stats. 2017, Ch. 806, Sec. 60. (SB 286) Effective January 1, 2018.)
  115. 14295.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14295. No voter shall deliver to any member of the precinct board any ballot other than the one received from the board member. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  116. 14296.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14296. Any voter who does not vote the ballot he or she has received, shall, before leaving the polling place, return it to the board member having charge of the ballots, who shall immediately cancel it. All canceled ballots shall be returned to the ballot clerk in the same manner as spoiled ballots. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  117. 14297.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14297. (a) No later than the time at which the voter delivers the voted ballot, a precinct board member in charge of the voter list shall write in the space opposite the name of the voter the line number designating the position of the name on the roster. In those counties using a combined roster, the voter’s name shall be crossed off of the voter list in lieu of numbering. (b) In an election conducted using vote centers, or if an electronic poll book is used, only the electronic roster shall be updated. (Amended by Stats. 2017, Ch. 806, Sec. 61. (SB 286) Effective January 1, 2018.)
  118. 14298.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14298. (a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. (b) A member of the precinct board shall post a notice on each voter list that reads as follows: “This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.” (c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: “This electronic roster shall not be operated in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, or otherwise operates or interacts with this device with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.” (Amended by Stats. 2021, Ch. 100, Sec. 3. (AB 1591) Effective January 1, 2022.)
  119. 14299.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14299. (a) If a precinct board is unable to furnish a ballot to a qualified voter because there is an insufficient number of ballots at the precinct, the elections official shall deliver to the precinct additional ballots to ensure that all eligible voters can cast their ballots within two hours. (b) While awaiting the delivery of additional ballots, the precinct board shall provide each voter with the option of casting his or her vote immediately using an alternative procedure established prior to the election or waiting for the delivery of the additional ballots. (c) The alternative procedure required by this section shall be subject to approval by the Secretary of State. The elections official shall submit the alternative procedure to the Secretary of State for approval by a date to be determined by the Secretary of State. (Amended by Stats. 2007, Ch. 501, Sec. 2. Effective January 1, 2008.)
  120. 14300.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Issuing Ballots and Voting [14270 - 14300] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14300. (a) In the case of an election for a state or federal office, each polling place using a direct recording electronic voting system, as defined by Section 19271, the elections official shall provide paper ballots equivalent to the following percentages: (1) For a statewide general election, no less than 10 percent of the registered voters in the polling place. (2) For a statewide direct primary election, for each partisan ballot form for which at least 10 percent of the registered voters in the polling place are eligible to request, no less than 5 percent of the registered voters in the precinct eligible to request that ballot form at the polling place. For nonpartisan voters, the total number of paper ballots among all ballot forms that they are eligible to request shall be no less than 5 percent of registered nonpartisan voters at the polling place. (3) For any other state or federal election contest, no less than 5 percent of registered voters at the polling place. (4) For purposes of this section, the number of registered voters shall be based on the registration on the 88th day prior to the day of the election. (b) The elections official shall establish procedures for the use of the paper ballots described in this section in the event the direct recording electronic voting system becomes nonfunctional. (c) Upon request, the precinct board shall provide a paper ballot to a voter, regardless of the availability of the direct recording electronic voting system, as long as supplies remain available. (d) The paper ballots described in this section may consist of provisional ballots. (e) Any vote cast on a provisional ballot subject to this section by an otherwise qualified voter shall be counted as a regular ballot and shall not be subject to the requirements of Section 14310. (f) In elections conducted using voter centers, the elections official shall provide a sufficient amount of ballot stock to be used for printing ballots in each vote center. (Amended by Stats. 2017, Ch. 806, Sec. 63. (SB 286) Effective January 1, 2018.)
  121. 14310.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14310. (a) At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the roster for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows: (1) An elections official shall advise the voter of the voter’s right to cast a provisional ballot. (2) The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the ballot, and a written affirmation regarding the voter’s registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d). (3) The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote. (b) Once voted, the voter’s ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections official’s instructions. The provisional ballot envelopes specified in this subdivision shall be of a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes. (c) (1) During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration or other signature in the voter’s registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot. (2) (A) Provisional ballots shall not be included in any semiofficial or official canvass, except under one or more of the following conditions: (i) The elections official establishes prior to the completion of the official canvass, from the records in his or her office, the claimant’s right to vote. (ii) The provisional ballot has been cast and included in the canvass pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2. (iii) Upon the order of a superior court in the county of the voter’s residence. (B) A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time prior to completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section. (3) The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official. (A) If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot. (B) If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct. (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. (e) The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section. (f) This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voter’s ballot. (g) Any existing supply of envelopes marked “special challenged ballot” may be used until the supply is exhausted. (Amended by Stats. 2017, Ch. 806, Sec. 64. (SB 286) Effective January 1, 2018.)
  122. 14311.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14311. (a) A voter who has moved from one address to another within the same county and who has not reregistered to vote at that new address may, at his or her option, vote on the day of the election at the polling place at which he or she is entitled to vote based on his or her current residence address, or at the office of the county elections official or other central location designated by that elections official. The voter shall be reregistered at the place of voting for future elections. (b) Voters casting ballots under this section shall be required to vote by provisional ballot, as provided in Section 14310. (Amended by Stats. 2003, Ch. 809, Sec. 9.5. Effective January 1, 2004.)
  123. 14312.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14312. This article shall be liberally construed in favor of the provisional voter. (Added by Stats. 2003, Ch. 175, Sec. 1. Effective January 1, 2004.)
  124. 14313.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14313. (a) Upon the declaration of a state of emergency by the Governor and the issuance of an executive order authorizing an emergency worker to cast a ballot outside of his or her home precinct, elections officials in the counties included in the executive order shall, upon demand, issue to an emergency worker a provisional ballot that may be identical to the provisional ballot offered to other voters in the county, using a process to be determined by the elections official. The elections official shall transmit for processing any ballot cast, including any materials necessary to process the ballot, pursuant to this section to the elections official in the county where the voter is registered to vote. (b) To be counted, a ballot cast pursuant to this section shall satisfy both of the following requirements: (1) Be cast by the voter no later than the close of the polls on election day. (2) Be received by the county elections official where the voter is registered on or before the 10th day following the date of the election. (c) Upon receipt of the returned ballot, the elections official shall process the ballot pursuant to the procedures in subdivision (c) of Section 14310. (d) If the requirements in subdivisions (b) and (c) are met and the ballot is eligible to be counted, the ballot shall be duplicated and all other materials preserved according to the procedures set forth in this code. (e) “Emergency worker” for the purposes of this section means a person who is officially engaged in responding to the proclaimed state of emergency and whose vocation has been identified in an executive order relating to the state of emergency. (Added by Stats. 2009, Ch. 395, Sec. 1. (AB 1440) Effective January 1, 2010.)
  125. 14314.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Procedures at Polls [14200 - 14314] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Provisional Voting [14310 - 14314] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14314. The Secretary of State shall promulgate regulations establishing guidelines for county elections officials relating to the processing of provisional ballots. (Added by Stats. 2016, Ch. 821, Sec. 2. (AB 1970) Effective January 1, 2017.)
  126. 14400.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14400. At any election, all members of the precinct board shall be present at the closing of the polls. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  127. 14401.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14401. When the polls are closed, the precinct board shall proclaim that fact aloud at the place of election. After the proclamation no ballot shall be received. However, if at the hour of closing there are any other voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  128. 14402.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14402. Any one who arrives at the polling place after the time provided for closing the polls shall not be entitled to vote, even though the polls are open when the voter arrives. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  129. 14402.5.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14402.5. If the time for closing the polls is extended pursuant to a court order, all votes cast during the time that the closing of the polls is extended shall be by provisional ballot. Any provisional ballots cast pursuant to this section shall be separated and held apart from other provisional ballots cast by voters prior to the time the closing of the polls was extended. (Added by Stats. 2003, Ch. 809, Sec. 10. Effective January 1, 2004.)
  130. 14403.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Amended by Stats. 2017, Ch. 806, Sec. 65. (SB 286) Effective January 1, 2018.)
  131. 14404.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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 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. (Amended by Stats. 2017, Ch. 806, Sec. 66. (SB 286) Effective January 1, 2018.)
  132. 14405.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [14400 - 14405] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14405. (a) The members of the precinct board shall account for the ballots delivered to them by returning a sufficient number of unused ballots to make up, when added to the number of official ballots cast and the number of spoiled and canceled ballots returned, the number of ballots given to them. The accounting of ballots may either: (1) Take place at the polling place. (2) Be performed by the county elections official at the central counting place. (b) The precinct board shall complete the roster as required in Section 14107, and shall also complete and sign the certificate of performance prescribed in Section 15280, if that section applies. (c) This section does not apply to elections conducted using vote centers. (Amended by Stats. 2017, Ch. 806, Sec. 67. (SB 286) Effective January 1, 2018.)
  133. 14420.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Elections Using Voting Systems [14420 - 14422] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Elections Using Voting Systems [14420 - 14422] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14420. (a) Except as provided in subdivision (c), before or as soon as the polls are closed, the precinct board shall remove the voted ballots from the ballot container and take them out of the secrecy envelopes or detach them from the secrecy stubs. Where the envelope or stub is also the write-in ballot, and a write-in vote has been registered thereon, the ballot card shall not be separated from the envelope or stub. If two or more separate ballot cards have been used in the election, the precinct board shall sort them into groups, each of which shall contain the same series of ballot cards. (b) After completing the action described in subdivision (a), the precinct board shall count the number of ballot cards in each group, and certify the number of ballots cast on the voting roster as provided by Section 14107. If there is any discrepancy between the number of voters listed in the roster and the number of ballots voted, this fact shall be noted with an explanation of the difference and signed by all the members of the precinct board. (c) Before or at the close of the polls, the county elections official may direct the precinct board to seal the ballot container and record on forms provided by the elections official the information needed for the reconciliation of ballots required by Section 14405. (Amended by Stats. 2015, Ch. 725, Sec. 2. (AB 363) Effective January 1, 2016.)
  134. 14421.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Elections Using Voting Systems [14420 - 14422] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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).

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Elections Using Voting Systems [14420 - 14422] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 14421. Unless the county elections official has directed the precinct board to seal the ballot container and record information pursuant to subdivision (c) of Section 14420, the precinct board shall group voted ballot cards and voted separate write-in ballots, as directed by the elections official, and place them in containers. The board shall also place spoiled and void ballots, if any, in containers as directed by the elections official. All of these ballots, along with the containers for voted ballot cards, shall be placed in one or more boxes, which shall then be sealed and delivered as soon as possible to the receiving centers or central counting places with the unused ballots, supplies, and other materials as directed by the elections official. (Amended by Stats. 2015, Ch. 725, Sec. 3. (AB 363) Effective January 1, 2016.)
  135. 14422.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Elections Using Voting Systems [14420 - 14422] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Elections Using Voting Systems [14420 - 14422] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 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. (Added by Stats. 2015, Ch. 725, Sec. 4. (AB 363) Effective January 1, 2016.)
  136. 14428.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2.5. Elections Using Vote Centers [14428- 14428.] ( Article 2.5 added by Stats. 2017, Ch. 806, Sec. 68. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2.5. Elections Using Vote Centers [14428- 14428.] ( Article 2.5 added by Stats. 2017, Ch. 806, Sec. 68. ) ## 14428. (a) Notwithstanding Section 14420, in elections conducted using vote centers, at the end of each voting day, the precinct board shall remove the voted ballots from the ballot container and deliver them to the central receiving center pursuant to Section 14422. (b) The precinct board shall certify to the election official the number of ballots cast at the vote center on the roster, as well as the number of ballots voted. If there is any discrepancy between the numbers, the discrepancy shall be noted with an explanation of the difference and signed by all members of the precinct board. (c) The precinct board shall record on forms the information needed for the reconciliation of the ballots required by Section 14405. (d) For vote centers using tabulating equipment, the precinct board shall record the number of ballots cast on each voting device and securely seal the device to prevent additional ballots from being cast until the next day of voting. The precinct board shall record all seals used for this procedure on a log for each vote center. (Added by renumbering Section 14228 by Stats. 2018, Ch. 92, Sec. 66. (SB 1289) Effective January 1, 2019.)
  137. 14430.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. ) ## 14430. The precinct board, as soon after the polls are closed as possible, shall prepare the supplies, including the copies of the voter list or roster posted at or near the polling place, and records of the election for delivery to the elections official. (Amended by Stats. 2017, Ch. 806, Sec. 69. (SB 286) Effective January 1, 2018.)
  138. 14431.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. ) ## 14431. The precinct board shall enclose and seal in one or more packages, as determined by the elections official, all voted, spoiled, canceled, or unused ballots. (Added by Stats. 1998, Ch. 1073, Sec. 19. Effective January 1, 1999.)
  139. 14432.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. ) ## 14432. The precinct board shall enclose and seal in one or two packages, as determined by the elections official, all of the following: (a) Two tally sheets, if ballots are to be tabulated manually at the precinct. (b) The roster. If an electronic poll book is used, either or both the electronic poll book and the electronic media containing the roster shall be secured and returned to the elections official. (c) The copy of the voter list. If an electronic voter list is used, either or both the electronic voter list and the electronic media containing the voter list shall be secured and returned to the elections official. (d) The challenge list. (e) The assisted voter’s list. (Amended by Stats. 2017, Ch. 806, Sec. 70. (SB 286) Effective January 1, 2018.)
  140. 14433.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. ) ## 14433. If ballots are counted at precincts pursuant to Article 3 (commencing with Section 15340) or Article 5 (commencing with Section 15360) of Chapter 4 of Division 15, the precinct board immediately shall transmit, unsealed, to the elections official a statement showing the result of the votes cast at the polling place. The statement shall be open to public inspection. (Added by Stats. 1998, Ch. 1073, Sec. 19. Effective January 1, 1999.)
  141. 14434.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. ) ## 14434. The sealed packages containing the lists, papers, and ballots shall be delivered by two of its members without delay, unopened, to the elections official or to a receiving station designated by the elections official. (Added by Stats. 1998, Ch. 1073, Sec. 19. Effective January 1, 1999.)
  142. 14435.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Return of Supplies to the Clerk [14430 - 14435] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 19. ) ## 14435. No list, tally, paper, or certificate returned from any election shall be set aside or rejected for want of form, nor because it is not strictly in accordance with this code, if it can be satisfactorily understood. (Added by Stats. 1998, Ch. 1073, Sec. 19. Effective January 1, 1999.)
  143. 14440.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. ) ## 14440. Before any election, the governing body of the jurisdiction holding the election shall decide that certain offices or measures to be voted on are of more than ordinary public interest and require an early tabulation and announcement. The decision shall be transmitted to the elections official not less than 30 days before the election. (Added by Stats. 1998, Ch. 1073, Sec. 20. Effective January 1, 1999.)
  144. 14441.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. ) ## 14441. The elections official shall prepare and forward to each selected precinct forms containing a list of the offices and measures designated as being of more than ordinary interest, and stating the number of ballots to be counted for the snap tally. In each general election, the special form shall, for each office listed on it, include the names of all candidates for that office whose names appear on the ballot. The inspector at each selected precinct shall note the results of the count and the total number of votes cast in the precinct on the snap tally forms as soon as the designated number of ballots has been tallied. The inspector shall then communicate the figures in the manner directed by the elections official. In each general election, the figures shall include the votes cast for every candidate whose name appears on the ballot for an office listed on the forms. The inspector shall continue, each time the designated number of ballots have been tallied, to note and report the results as directed. (Added by Stats. 1998, Ch. 1073, Sec. 20. Effective January 1, 1999.)
  145. 14442.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. )

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

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. ) ## 14442. Upon receipt from the precincts of the reports of votes cast on the specially designated offices and measures, the elections official shall tabulate the results and make the results available to the public. In each general election, all these reports of the election results shall include the votes cast for all candidates whose names appear on the ballot for each office for which returns are reported. (Added by Stats. 1998, Ch. 1073, Sec. 20. Effective January 1, 1999.)
  146. 14443.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. )

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    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.

    ## Elections Code - ELEC ## DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443] ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Closing of the Polls [14400 - 14443] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Snap Tallies [14440 - 14443] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 20. ) ## 14443. If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a manner consistent with the use of the tabulating devices. (Amended by Stats. 2023, Ch. 676, Sec. 48. (AB 1219) Effective January 1, 2024.)
  147. 15.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 1 General Provisions [1. - 21] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 15. Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  148. 1500.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Mail Ballot Elections [1500- 1500.] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    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.

    ## Elections Code - ELEC ## DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] ( Division 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Mail Ballot Elections [1500- 1500.] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 1500. The established mailed ballot election dates are as follows: (a) The first Tuesday after the first Monday in May of each year. (b) The last Tuesday in August of each year. (Amended by Stats. 2018, Ch. 58, Sec. 1. (AB 3259) Effective January 1, 2019.)
  149. 15000.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 15000. No later than seven days prior to any election conducted pursuant to this code, the elections official shall conduct a test or series of tests to ensure that every device used to tabulate ballots accurately records each vote. The exact methods employed in this test shall conform to the voting procedures for the specific voting systems, as adopted by the Secretary of State. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 23. Effective January 1, 1999.)
  150. 15001.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 15001. (a) A copy of each election computer vote count program for a statewide election or state special election to fill vacancies shall be deposited with the Secretary of State. The copy of the election computer vote count program shall be received by the Secretary of State no later than 5 p.m. on the seventh day before the election. (b) If the election computer vote count program is modified or altered after the submission specified in subdivision (a), the elections official immediately shall deposit the subsequent program no later than 12 p.m. on the day of the election. (c) The Secretary of State shall hold the deposited programs for a period of not less than six months, at which time the program shall be returned to the elections official. (1) The elections official shall preserve the returned program for a period of 16 months. (2) The programs deposited in accordance with this section shall be used only for a recanvass of the vote, an official recount, court action, or for logic and accuracy tests required by the Secretary of State. (3) Any tape, diskette, cartridge, or other magnetic or electronic storage medium containing the vote count program submitted pursuant to this section shall be maintained by the Secretary of State in a secure location when not in use for an official purpose specified in paragraph (2). (d) The Secretary of State may, by mandamus or other appropriate proceeding, require and compel the county elections officials to submit the computer vote count program specified in subdivision (a). Venue for a proceeding under this section shall be exclusively in Sacramento County. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 23. Effective January 1, 1999.)
  151. 15002.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 15002. No later than January 1 of each even-numbered year, the Secretary of State shall review, and if necessary amend, administrative procedures for use with each of the voting systems pursuant to Division 19. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 23. Effective January 1, 1999.)
  152. 15003.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 15003. Elections officials shall adopt semifinal official and official canvass procedures to conform to the applicable voting system procedures that have been approved by the Secretary of State. These procedures shall be available for public inspection no later than 29 days before each election. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 23. Effective January 1, 1999.)
  153. 15004.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 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. (Amended by Stats. 2006, Ch. 690, Sec. 1. Effective January 1, 2007.)
  154. 15006.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 15006. (a) (1) The Attorney General shall provide guidance and information to county elections officials regarding how elections officials, precinct boards, election workers, and election volunteers should respond to requests by an agent of a law enforcement agency to access areas where ballots are cast, handled, processed, counted, tabulated, tallied, audited, or recounted. (2) The Attorney General shall publish and provide guidance to managers of election sites regarding how to respond to requests by an agent of a law enforcement agency to access areas where ballots are cast, handled, processed, counted, tabulated, tallied, audited, or recounted. (b) The guidance and information provided pursuant to subdivision (a) shall be developed in consultation with the Secretary of State, be consistent with federal and state law, and aim to ensure that all voting locations remain safe and accessible to all voters. (c) For the purposes of this section, “law enforcement agency” means all of the following: (1) Any law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (2) Any law enforcement agency of another state. (3) Any federal law enforcement agency. (Added by Stats. 2026, Ch. 10, Sec. 1. (SB 73) Effective May 27, 2026.)
  155. 15007.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 1. Preparation for Canvass [15000 - 15007] ( Chapter 1 repealed and added by Stats. 1998, Ch. 1073, Sec. 23. ) ## 15007. (a) A peace officer shall not interfere in any manner with the administration of any election in this state and in the discharge of duties by the Secretary of State, a county elections official, an election worker, or a volunteer performing required elections-related tasks prescribed by this code or any other provision of state law except as necessary to respond to urgent threats to public health and safety. (b) The following persons may bring a civil action to enforce the provisions of this section: (1) The Attorney General. (2) The Secretary of State. (3) A county elections official with respect to violations that occur within the elections official’s county. (c) A court shall expedite the scheduling and disposition of a civil action brought pursuant to this section if the action is filed during the period beginning thirty days before election day and ending with the completion of the canvass. (d) The provisions of this section shall not prevent a qualified elector from exercising their right to vote in an election in this state and shall not be construed to authorize an action that would be prohibited by federal law or to limit any federal authority that is validly exercised pursuant to federal law. (Added by Stats. 2026, Ch. 10, Sec. 2. (SB 73) Effective May 27, 2026.)
  156. 15100.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15100. The provisions of this chapter apply to the processing of vote by mail ballots during the 29-day period before any election, during the semifinal official canvass, and during the official canvass. (Amended by Stats. 2007, Ch. 508, Sec. 86. Effective January 1, 2008.)
  157. 15101.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15101. (a) An elections official may begin to process vote by mail ballot return envelopes and vote by mail ballots on the date on which the ballots are mailed, which shall not be later than 29 days before the election. (b) (1) Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope pursuant to Section 3019 and updating voter history records. (2) Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on the day of the election. (c) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election. (Amended by Stats. 2025, Ch. 140, Sec. 1. (AB 16) Effective January 1, 2026.)
  158. 15102.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15102. The official shall appoint a special counting board or boards in numbers that he or she deems adequate to count the vote by mail ballots. The official shall provide for the forms of tally books and the distribution of the duties of the members of the canvassing board. When the tally is done by hand, there shall be no less than four persons for each office or proposition to be counted. One shall read from the ballot, the second shall keep watch for any error or improper vote, and the other two shall keep the tally. (Amended by Stats. 2007, Ch. 508, Sec. 88. Effective January 1, 2008.)
  159. 15103.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15103. The elections official shall pay a reasonable compensation to each member of the canvassing board of vote by mail ballots. This compensation shall be paid out of the treasury of the agency conducting the election as other claims against it are paid. (Amended by Stats. 2007, Ch. 508, Sec. 89. Effective January 1, 2008.)
  160. 15104.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 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 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. (4) Verifying signatures on statements completed pursuant to subdivisions (d) and (e) of Section 3019. (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. (f) A vote by mail voter observer shall not be permitted to challenge a signature on a vote by mail ballot return envelope pursuant to subdivision (a) of Section 3019, or on statements completed pursuant to subdivisions (d) and (e) of Section 3019, on the basis that they believe the signature does not compare with the signatures appearing in the voter’s registration record. (Amended by Stats. 2026, Ch. 10, Sec. 3. (SB 73) Effective May 27, 2026.)
  161. 15105.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15105. Challenges to a vote by mail voter 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 currently serving a state or federal prison term for the conviction of a felony. All challenges shall be made prior to the opening of the identification envelope of the challenged vote by mail voter. (Amended by Stats. 2022, Ch. 161, Sec. 29. (AB 2608) Effective August 22, 2022.)
  162. 15106.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 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. (Amended by Stats. 2007, Ch. 508, Sec. 92. Effective January 1, 2008.)
  163. 15107.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15107. If a challenge is overruled, the board shall open the identification envelope without defacing the affidavit printed on it or mutilating the enclosed ballot and, without viewing the ballot, remove it and destroy the numbered slip, if any remains, and store the ballots in a secure location. (Added by Stats. 1998, Ch. 1073, Sec. 25. Effective January 1, 1999.)
  164. 15108.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15108. If a challenge is allowed, the board shall endorse on the face of the identification envelope the cause of the challenge and its action thereon. (Added by Stats. 1998, Ch. 1073, Sec. 25. Effective January 1, 1999.)
  165. 15109.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 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. (Amended by Stats. 2007, Ch. 508, Sec. 93. Effective January 1, 2008.)
  166. 15110.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15110. Reports to the Secretary of State of the findings of the canvass of vote by mail ballots shall be made by the elections official pursuant to Chapter 3 (commencing with Section 15150) and Chapter 4 (commencing with Section 15300). (Amended by Stats. 2007, Ch. 508, Sec. 94. Effective January 1, 2008.)
  167. 15111.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15111. The elections official shall keep an accurate list of all voters who have received and voted a vote by mail ballot at each election and compare this list with the roster as provided in Section 15278. That list shall include the election precinct of the voter. (Amended by Stats. 2017, Ch. 806, Sec. 71. (SB 286) Effective January 1, 2018.)
  168. 15112.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 2. Vote by Mail Ballot Processing [15100 - 15112] ( Heading of Chapter 2 amended by Stats. 2007, Ch. 508, Sec. 85. ) ## 15112. When elections are consolidated pursuant to Division 10 (commencing with Section 10000), and only one form of ballot is used at the consolidated election, the ballots cast by vote by mail voters shall be counted only in connection with elections to which vote by mail voter privileges have been extended by law. Whenever the period of time within which vote by mail voters’ ballots shall be received by the elections official in order to be counted, as provided for any election by this code or any other law of this state, is different from that period of time provided for another election, and the elections are consolidated and only one form of ballot used for both elections, all vote by mail voters’ ballots issued for the consolidated election may be counted for both elections if received by the elections official within whichever period of time is longer. (Amended by Stats. 2007, Ch. 508, Sec. 96. Effective January 1, 2008.)
  169. 15150.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15150. For every election, the elections official shall conduct a semifinal official canvass by tabulating vote by mail and precinct ballots and compiling the results. The semifinal official canvass shall commence immediately upon the close of the polls and shall continue without adjournment until all precincts are accounted for. (Amended by Stats. 2007, Ch. 508, Sec. 97. Effective January 1, 2008.)
  170. 15151.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15151. (a) The elections official shall transmit the semifinal official results to the Secretary of State in the manner and according to the schedule prescribed by the Secretary of State prior to each election, for the following: (1) All candidates voted for statewide office. (2) All candidates voted for the following offices: (A) State Assembly. (B) State Senate. (C) Member of the United States House of Representatives. (D) Member of the State Board of Equalization. (E) Justice of the Court of Appeals. (3) All persons voted for at the presidential primary or for electors of President and Vice President of the United States. (4) Statewide ballot measures. (b) The elections official shall transmit the results to the Secretary of State at intervals no greater than two hours, following commencement of the semifinal official canvass. (Amended by Stats. 2005, Ch. 72, Sec. 4. Effective July 19, 2005.)
  171. 15152.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15152. Neither the elections official, any member of a precinct board, nor any other person shall count any votes, either for a ballot proposition or candidate, until the close of the polls in that county. After that time, the ballots for all candidates and ballot propositions voted upon solely within the county shall be counted and the results of the balloting made public. However, the results for any candidate or ballot proposition also voted upon in another county or counties shall not be made public until after all the polls in that county and the other county or counties have closed. This paragraph applies regardless of whether the counting is done by manual tabulation or by a vote tabulating device. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  172. 15153.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15153. During the semifinal official canvass, write-in votes shall be counted in accordance with Article 3 (commencing with Section 15340) of Chapter 4. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  173. 15154.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 1. General Provisions [15150 - 15154] ( Article 1 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15154. (a) Any ballot that is not marked as provided by law shall be rejected. The rejected ballots shall be placed in the package marked for voted ballots or in a separate container as directed by the elections official. All rejected ballots shall have written on the ballot the cause for rejection and be signed by a majority of processing board members who are assigned by the elections official to process ballots. (b) The following ballot conditions shall not render a ballot invalid: (1) Soiled or defaced. (2) Two or more impressions of the voting stamp or mark in one voting square. (3) Contains personal information, as defined in Section 14287. (c) If a voter indicates, either by a combination of both marking and writing in, a choice of more names than there are candidates to be elected or nominated for any office, or if for any reason the choice of the voter is impossible to determine, the vote for that office shall not be counted, but the remainder of the ballot, if properly marked, shall be counted. (d) This section applies to all ballots counted pursuant to this chapter and Chapter 4 (commencing with Section 15300). (Amended by Stats. 2011, Ch. 739, Sec. 3. (SB 183) Effective January 1, 2012.)
  174. 15200.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15200. If paper ballots are used in conjunction with this system, counting shall be as provided in Article 5 (commencing with Section 15270) and Article 6 (commencing with Section 15290). (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  175. 15201.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 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). (Amended by Stats. 2017, Ch. 806, Sec. 72. (SB 286) Effective January 1, 2018.)
  176. 15202.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15202. If the ballots are to be counted at a central counting place, no fewer than two precinct board members shall, following the close of the polls, deliver the ballots, in a sealed container, to the central counting place or a designated receiving station. There may be two or more central counting places. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  177. 15203.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15203. The vote tabulating device may be located at any place within the state approved by the elections official of the county or other political subdivision using the device. The same device may be jointly owned, borrowed, leased, or used by two or more counties, cities, or other political subdivisions to tabulate ballots cast in any election. (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  178. 15204.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 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. (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  179. 15205.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15205. (a) A person may be employed to count, tally, and certify the ballots if he or she is not a candidate at the election and if he or she satisfies either of the following requirements: (1) Has the qualifications required for a precinct board member. (2) Is a deputy or employee of either of the following: (A) The governing board. (B) The elections official. (b) No person selected to count ballots need reside in any particular precinct. (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  180. 15206.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15206. The elections official or any deputy authorized by the elections official may excuse or dismiss any person from any counting board and enforce the order. (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  181. 15207.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15207. The elections official or authorized deputy shall segregate the persons employed to count the ballots into counting boards. These counting boards shall be deemed to be precinct boards, and are subject to all laws governing precinct boards where ballots are counted at the polling place. (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  182. 15208.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15208. (a) Each container of ballots shall be opened and its contents removed. The ballots shall be checked to ascertain if the ballots are properly grouped and shall be arranged, if necessary, so that all similar ballots from the precinct are together. (b) Any ballot that contains personal information, as defined in Section 14287, or is torn, bent, or mutilated shall be segregated in the manner directed by the elections official and a duplicate shall be prepared as provided in Section 15210. (Amended by Stats. 2011, Ch. 739, Sec. 4. (SB 183) Effective January 1, 2012.)
  183. 15209.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15209. Any magnetic or electronic storage medium, or copy thereof, used for the ballot tabulation program and any magnetic or electronic storage medium, or copy thereof, containing election results shall be kept in a secure location and shall be retained for 6 months following any local election and 22 months following any federal election or so long thereafter as any contest involving the vote at the local or federal election remains undetermined. (Amended by Stats. 2024, Ch. 605, Sec. 5. (SB 1328) Effective September 25, 2024.)
  184. 15210.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15210. In preparing the voted ballots for processing, any ballot that is torn, bent, or otherwise defective shall be corrected so that every vote cast by the voter shall be counted by the automatic tabulating equipment. If necessary, a true duplicate copy of the defective ballot shall be made and substituted therefor, following the intention of the voter insofar as it can be ascertained from the defective ballot. All duplicate ballots shall be clearly labeled as a duplicate and shall bear a serial number that shall be recorded on the damaged or defective ballot. (Amended by Stats. 2023, Ch. 676, Sec. 49. (AB 1219) Effective January 1, 2024.)
  185. 15212.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15212. If voting at all precincts within a county is not conducted using the same voting system, the result as to the precincts not subject to this article shall be determined in accordance with other provisions of this code and the result of the vote at precincts subject to this article shall be determined as provided in this article. The statement of the vote in that case shall represent the consolidation of all the results and the results of the canvass of all vote by mail voter ballots. (Amended by Stats. 2007, Ch. 508, Sec. 99. Effective January 1, 2008.)
  186. 15213.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 2. Automated Count in a Central Location [15200 - 15213] ( Article 2 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15213. In case of an emergency in which it becomes impossible to transport the ballots from the precinct to a central counting place, the elections official may direct that the ballots be counted at the precinct. In those cases, counting shall be conducted substantially in accordance with Article 5 (commencing with Section 15270). (Added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  187. 15250.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15250. This article applies to all elections in which votes are counted by means of a voting machine at a polling place or vote center. (Amended by Stats. 2017, Ch. 806, Sec. 73. (SB 286) Effective January 1, 2018.)
  188. 15250.5.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15250.5. (a) As soon as the polls are closed on election day, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and do all of the following: (1) Count the votes cast on voting machines and report the results pursuant to subdivisions (b) and (c). (2) Complete, sign, and return to the elections official all furnished forms requiring its signatures. (b) When votes are counted on one or more voting machines at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance, which shall be substantially in the following form: ## Certificate of Performance This certificate of performance is for polling place or vote center ____, for the ____ election, held on the ____ day of ____, (year). ## We hereby certify ONE of the following: (Please check only the one that applies.) ## (A) RESULTS OF VOTES CAST FROM ALL VOTING MACHINES ARE POSTED. (1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure. (2) The results of votes cast form provided to the county elections official shows the same numbers. ## (B) RESULTS OF VOTES CAST ARE NOT POSTED FOR VOTING MACHINES THAT RECORDED FEWER THAN 10 BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING MACHINES ARE POSTED. (1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure, except as provided in paragraph (2). (2) For each voting machine recording fewer than 10 ballots, only the number of ballots cast on that machine is posted. (3) The results of votes cast form provided to the county elections official shows the same numbers. ## (C) RESULTS OF VOTES CAST ARE NOT POSTED FOR ANY VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS WERE CAST IN THE PRECINCT. In this case, only the number of ballots cast on each voting machine is posted and included on the results of votes cast form provided to the county elections official. _____ Inspector _____ Assistant Inspector _____ Judge _____ Judge _____ Clerk _____ Clerk _____ Clerk _____ Clerk ## (D) RESULTS ARE A SUMMARY OF ALL PRECINCTS VOTING AT THE POLLING PLACE OR VOTER CENTER. In this case, only the summary of votes for all precincts combined is reported. An additional report showing just the number of people who voted in each precinct may also be provided, but it will not show by precinct the votes cast for each candidate in each office. (c) (1) The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the results of votes cast form. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls. (2) To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots on any single voting machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted on that voting machine, and shall not post the total number of votes cast on each voting machine for each candidate for each office or the total number of votes cast on each voting machine for and against each ballot measure. (Amended by Stats. 2017, Ch. 806, Sec. 74. (SB 286) Effective January 1, 2018.)
  189. 15251.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 3. Automated Vote Count in Precincts [15250 - 15251] ( Article 3 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15251. Upon receipt of the result of votes cast from the precinct boards, the elections official shall do either of the following: (a) Compile and make available to the public the received results as to the offices and measures. (b) Compare the received results to the results provided to the public from the central tabulation or tally system pursuant to Chapter 4 (commencing with Section 15300) of Division 15. (Amended by Stats. 2017, Ch. 806, Sec. 75. (SB 286) Effective January 1, 2018.)
  190. 15260.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 4. Establishing Election Return Centers and Multiple Counting Centers [15260 - 15261] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 4. Establishing Election Return Centers and Multiple Counting Centers [15260 - 15261] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15260. (a) The elections official of the jurisdiction shall establish one or more election return centers for the purpose of facilitating the compilation of election returns and expediting their announcement to the public. (b) In establishing a return center, the elections official may designate a group of precincts which the center shall serve and this designation shall be available for public inspection no later than 15 days before the election. The election return center may be at any public place as the elections official designates. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  191. 15261.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 4. Establishing Election Return Centers and Multiple Counting Centers [15260 - 15261] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 4. Establishing Election Return Centers and Multiple Counting Centers [15260 - 15261] ( Article 4 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15261. The elections official may establish one or more centers to count ballots from designated precincts and transmit the results via voice telephone connection or facsimile transmission. The count shall be conducted in all other respects in accordance with the central counting provisions of Article 2 (commencing with Section 15200). The list of designated precincts for each counting center shall be available for public inspection no later than 15 days before the election. (Amended by Stats. 2008, Ch. 200, Sec. 1. Effective January 1, 2009.)
  192. 15270.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15270. This article applies to all elections in which ballots are counted by hand. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  193. 15270.1.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15270.1. (a) An elections official shall not conduct a manual vote count pursuant to this article or Article 6 (commencing with Section 15290) in any election unless that manual count is conducted pursuant to a plan approved by the Secretary of State. A manual count plan shall be consistent with the regulations adopted by the Secretary of State regarding manual vote counts. The Secretary of State shall prepare a template of a manual count plan that an elections official may use to assist in meeting this requirement. (b) Notwithstanding subdivision (a), an elections official shall not conduct a manual vote count in an election, and the Secretary of State shall not approve a plan to conduct a manual vote count for that election, if either of the following are true: (1) The election is held on an established election date, as provided in Section 1000, and there are more than 1,000 registered voters who are eligible to participate in that election as of 154 days in advance of the election. (2) The election is held on a date other than an established election date, and there are more than 5,000 registered voters who are eligible to participate in that election as of 154 days in advance of the election. (Added by Stats. 2023, Ch. 300, Sec. 1. (AB 969) Effective October 4, 2023.)
  194. 15270.2.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15270.2. The Secretary of State shall adopt regulations regarding manual vote counts. (Added by Stats. 2023, Ch. 300, Sec. 2. (AB 969) Effective October 4, 2023.)
  195. 15270.3.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15270.3. Notwithstanding Section 15270.1 or subdivision (a) of Section 19207.5, an elections official may conduct a manual vote count in the event of a natural disaster or other state of emergency in which use of a certified voting system is not feasible. (Added by Stats. 2023, Ch. 300, Sec. 3. (AB 969) Effective October 4, 2023.)
  196. 15271.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15271. As soon as the polls are finally closed, the precinct board shall commence to count the votes by taking the ballots cast, unopened, out of the box and counting them to ascertain whether the number of ballots corresponds with the number of signatures on the roster. The precinct board shall make a record upon the roster of the number of ballots in the ballot box, the number of signatures on the roster, and the difference, if any. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  197. 15272.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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    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.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 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. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  198. 15273.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15273. Unless otherwise provided in this code, the precinct board members may not constitute themselves into separate squads in an attempt to conduct more than one count of the ballots at the same time. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  199. 15274.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15274. The members of the precinct board may relieve each other in the duties of counting ballots. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)
  200. 15275.

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. )

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

    ## Elections Code - ELEC ## DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES [15000 - 15702] ( Heading of Division 15 amended by Stats. 1998, Ch. 1073, Sec. 21. ) ## CHAPTER 3. Semifinal Official Canvass [15150 - 15290] ( Chapter 3 repealed and added by Stats. 1998, Ch. 1073, Sec. 27. ) ## ARTICLE 5. Manual Vote Count in the Precinct [15270 - 15281] ( Article 5 added by Stats. 1998, Ch. 1073, Sec. 27. ) ## 15275. Those ballots not rejected shall be placed in one pile, and the board shall proceed to count by tallying the vote for one or more offices or measures at a time. (Repealed and added by Stats. 1998, Ch. 1073, Sec. 27. Effective January 1, 1999.)

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