Elections Code — Part 5 | ELEC — United States — California law | Esheria

Elections Code

Part 5 of 12 · provisions 801–1,000

This act is known as the Elections Code.

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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.

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Provisions of Elections Code

Showing 200 of 2,352

  1. 18302.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    It is a misdemeanor to knowingly send or distribute voter literature with an incorrect precinct polling place, and to distribute voter communications with false or misleading election information in order to deceive.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18302. (a) A person is guilty of a misdemeanor who knowingly causes to be mailed or distributed, or knowingly mails or distributes, literature to a voter that includes a designation of the voter’s precinct polling place other than a precinct polling place listed for that voter in an official precinct polling list that constituted the latest official precinct polling list at sometime not more than 30 days prior to the mailing or distribution. (b) A person is guilty of a misdemeanor who, with actual knowledge and intent to deceive, causes to be distributed or distributes, including distribution by mail, radio or television broadcast, telephone call, text message, email, or any other electronic means, including over the Internet, literature or any other form of communication to a voter that includes any of the following: (1) The incorrect location of a vote center, office of an elections official, satellite office of an elections official where voting is permitted, vote by mail ballot drop box, or vote by mail ballot drop-off location. (2) False or misleading information regarding the qualifications to vote or to register to vote. (3) False or misleading information regarding the qualifications to apply for, receive, or return a vote by mail ballot. (4) False or misleading information regarding the date of an election or the days, dates, or times voting may occur at a place described in paragraph (1). (Amended by Stats. 2020, Ch. 109, Sec. 3. (SB 739) Effective September 18, 2020.)
  2. 18303.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    If a person violates Government Code Section 84305 on mass mailing, they are subject to the penal provisions in Chapter 11 of Title 9 of the Government Code.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18303. Every person who violates Section 84305 of the Government Code relating to mass mailing is subject to the penal provisions set forth in Chapter 11 (commencing with Section 91000) of Title 9 of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  3. 18304.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person must not use, or let others use, a county or local government seal in campaign literature or mass mailings with intent to deceive voters.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Campaign Literature [18301 - 18304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18304. (a) Any person who uses or allows to be used any reproduction or facsimile of the seal of the county or the seal of a local government agency in any campaign literature or mass mailing, as defined in Section 82041.5 of the Government Code, with intent to deceive the voters, is guilty of a misdemeanor. (b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive. (c) For purposes of this section, the term “local government agency” means a school district, special or other district, or any other board, commission, or agency of local jurisdiction. (Added by Stats. 2003, Ch. 380, Sec. 1. Effective January 1, 2004.)
  4. 18310.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Political Party Caucuses [18310 - 18311] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person must not pay or receive money or other valuable consideration to reward voting behavior in an election.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Political Party Caucuses [18310 - 18311] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18310. A person shall not directly or through any other person pay or receive any money or other valuable consideration before, during, or after an election in order to reward any person or as a reward for voting for or against or agreeing to vote for or against the election or endorsement of any other person as the nominee or candidate of any caucus, convention, organized assemblage of delegates, or other body representing or claiming to represent a political party, candidate, or principle, or any club, society, or association. A violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 67. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  5. 18311.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Political Party Caucuses [18310 - 18311] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section punishes bribery connected to political party nomination bodies and related political gatherings.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Political Party Caucuses [18310 - 18311] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18311. Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years who: (a) Gives or offers a bribe to any officer or member of any political convention, committee, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom the bribe is given or offered to be more favorable to one candidate than another. (b) Being a member of any of the bodies mentioned in this section receives or offers to receive any bribe described in subdivision (a). (Amended by Stats. 2011, Ch. 15, Sec. 68. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  6. 18320.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. )

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    A person must not, with intent to mislead, deceive, or defraud, commit political cyberfraud involving a political website.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. ) ## 18320. (a) This act shall be known and may be cited as the “California Political Cyberfraud Abatement Act.” (b) It is unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud. (c) As used in this section: (1) “Political cyberfraud” means a knowing and willful act concerning a political Web site that is committed with the intent to deny a person access to a political Web site, deny a person the opportunity to register a domain name for a political Web site, or cause a person reasonably to believe that a political Web site has been posted by a person other than the person who posted the Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. Political cyberfraud includes, but is not limited to, any of the following acts: (A) Intentionally diverting or redirecting access to a political Web site to another person’s Internet Web site by the use of a similar domain name, meta-tags, or other electronic measures. (B) Intentionally preventing or denying exit from a political Web site by the use of frames, hyperlinks, mousetrapping, popup screens, or other electronic measures. (C) Registering a domain name that is similar to another domain name for a political Web site. (D) Intentionally preventing the use of a domain name for a political Web site by registering and holding the domain name or by reselling it to another with the intent of preventing its use, or both. (2) “Domain name” means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain registration authority as part of an electronic address on the Internet. (3) “Political Web site” means an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office. (Amended by Stats. 2017, Ch. 715, Sec. 1. (AB 1104) Effective January 1, 2018.)
  7. 18321.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. )

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    This article does not apply to a domain name registrar, registry, or registration authority.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. ) ## 18321. This article does not apply to a domain name registrar, registry, or registration authority. (Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)
  8. 18322.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. )

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    A court may order a domain name transferred as relief for a violation of this article.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. ) ## 18322. In addition to any other remedies available under law, a court may order the transfer of a domain name as part of the relief awarded for a violation of this article. (Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)
  9. 18323.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. )

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    Jurisdiction for actions under this article follows Section 410.10 of the Code of Civil Procedure.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Deceptive Online Activities [18320 - 18323] ( Article 3 added by Stats. 2003, Ch. 277, Sec. 5. ) ## 18323. Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure. (Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)
  10. 18340.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Political Meetings [18340- 18340.] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person may not use threats, intimidation, or unlawful violence to stop electors from meeting publicly to consider public questions.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Political Meetings [18340- 18340.] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18340. Every person who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meetings for the consideration of public questions is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  11. 18350.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Misrepresentation by Candidates [18350 - 18351] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person who intends to mislead voters in a campaign for public office must not falsely suggest they are the incumbent or acting as a public officer.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Misrepresentation by Candidates [18350 - 18351] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18350. (a) A person is guilty of a misdemeanor who, with intent to mislead the voters in connection with his or her campaign for nomination or election to a public office, or in connection with the campaign of another person for nomination or election to a public office, does either of the following acts: (1) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is the incumbent of a public office when that is not the case. (2) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is or has been acting in the capacity of a public officer when that is not the case. (b) A violation of this section may be enjoined in a civil action brought by a candidate for the public office involved. (Amended by Stats. 2015, Ch. 105, Sec. 1. (AB 370) Effective January 1, 2016.)
  12. 18351.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Misrepresentation by Candidates [18350 - 18351] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A candidate or recall incumbent may be fined up to $1,000 for knowingly making a false material statement in a candidate’s statement with intent to mislead voters.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Misrepresentation by Candidates [18350 - 18351] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18351. Any candidate in an election or incumbent in a recall election who knowingly makes a false statement of a material fact in a candidate’s statement, prepared pursuant to Section 11327 or 13307, with the intent to mislead the voters in connection with his or her campaign for nomination or election to a nonpartisan office is punishable by a fine not to exceed one thousand dollars ($1,000). (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  13. 18360.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Solicitation of Funds [18360 - 18361] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Anyone who violates Section 20201 commits a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Solicitation of Funds [18360 - 18361] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18360. Any person who violates Section 20201 is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  14. 18361.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Solicitation of Funds [18360 - 18361] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    If an affected candidate or committee files a complaint, a person who violates Section 20202 or 20203 is guilty of a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Solicitation of Funds [18360 - 18361] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18361. Upon the complaint of the affected candidate or committee, any person who violates Section 20202 or 20203 is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  15. 18370.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Electioneering [18370 - 18372] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person may not engage in electioneering, petition circulation, vote solicitation, ballot-marking discussion, or related signs/speaking within the specified restricted areas and times around voting.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Electioneering [18370 - 18372] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18370. (a) A person shall not, on election day, or at any time that a voter may be casting a ballot, within the 100 foot limit specified in subdivision (b), do any of the following: (1) Circulate an initiative, referendum, recall, or nomination petition or any other petition. (2) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot. (3) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240. (4) Do any electioneering as defined by Section 319.5. (b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following: (1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location. (2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot. (c) A person shall not, on election day, or at any time that a voter may be casting a ballot, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot: (1) Solicit a vote. (2) Speak to a voter about marking the voter’s ballot. (3) Disseminate visible or audible electioneering information. (d) Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 2025, Ch. 296, Sec. 5. (AB 1249) Effective January 1, 2026.)
  16. 18371.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Electioneering [18370 - 18372] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Certain campaign actors may not solicit a vote-by-mail voter or electioneer while in the voter’s residence or immediate presence, and while knowing the voter is voting.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Electioneering [18370 - 18372] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18371. (a) No candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum, or recall measure, or of a charter amendment, shall solicit the vote of a vote by mail voter, or do any electioneering, while in the residence or in the immediate presence of the voter, and during the time he or she knows the vote by mail voter is voting. (b) Any person who knowingly violates this section is guilty of a misdemeanor. (c) This section shall not be construed to conflict with any provision of the federal Voting Rights Act of 1965, as amended, nor to preclude electioneering by mail or telephone or in public places, except as prohibited by Section 18370, or by any other provision of law. (Amended by Stats. 2007, Ch. 508, Sec. 113. Effective January 1, 2008.)
  17. 18372.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Electioneering [18370 - 18372] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must issue regulations on how public notice about this article’s electioneering prohibitions is provided.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. Electioneering [18370 - 18372] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18372. Notice regarding the prohibitions on electioneering set forth in this article shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided. (Added by Stats. 2021, Ch. 318, Sec. 5. (SB 35) Effective January 1, 2022.)
  18. 18380.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Vandalism at Polling Places [18380- 18380.] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    During any election, a person must not remove, destroy, tear down, mark, or deface specified voting-booth supplies, voter instruction cards, voter lists/rosters, or polling-place signs.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Vandalism at Polling Places [18380- 18380.] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18380. (a) A person, during any election, shall not do any of the following: (1) Remove or destroy any of the supplies or other conveniences placed in the voting booths or compartments for the purpose of enabling the voter to prepare his or her ballot. (2) Remove, tear down, or deface the cards printed for the instruction of voters. (3) Remove, tear, mark, destroy, or otherwise deface any voter list or roster 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. (4) Remove, tear down, or deface the signs identifying the location of a polling place or identifying areas within 100 feet of a polling place. (b) Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 2017, Ch. 806, Sec. 84. (SB 286) Effective January 1, 2018.)
  19. 18390.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Misuse of State Publications [18390- 18390.] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    State agencies and departments may not use publications to tell state employees which candidates a constitutional officer chose or to recommend positions on unrelated ballot propositions.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Election Campaigns [18301 - 18390] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Misuse of State Publications [18390- 18390.] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18390. An agency or department of the state shall not use its publications to advise state employees of a constitutional officer’s choice of candidates for public office or for recommending positions on specific ballot propositions not related to the functions of that agency or department. For purposes of this section “publications” means any written or printed matter including, but not limited to, agency or department memorandums or directives, but shall not include legislative newsletters or state voter information guides. A state officer who violates this section is guilty of a misdemeanor. (Amended by Stats. 2016, Ch. 422, Sec. 80. (AB 2911) Effective January 1, 2017.)
  20. 18400.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Ballots [18400 - 18403] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person must not make, use, keep, or give to others paper or cards that imitate ballot paper or ballot cards; doing so can bring a fine, jail time, or both.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Ballots [18400 - 18403] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18400. A person who makes, uses, keeps, or furnishes to others, paper or cards watermarked or overprinted in imitation of ballot paper or ballot cards is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two or three years, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 69. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  21. 18401.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Ballots [18400 - 18403] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person commits a misdemeanor if they print a ballot that does not conform to the specified code chapter, or if they circulate or give such a ballot to another person while knowing it does not conform.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Ballots [18400 - 18403] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18401. Every person who prints any ballot not in conformity with Chapter 2 (commencing with Section 13100) of Division 13, or who circulates or gives to another any ballot, knowing at the time that the ballot does not conform to Chapter 2 (commencing with Section 13100) of Division 13, is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  22. 18403.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Ballots [18400 - 18403] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Most people may not receive, examine, or solicit a voter to show a voted ballot; violating this section can lead to a fine or imprisonment. The section does not apply to certain vote-by-mail returners or voter assistants.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Ballots [18400 - 18403] ( Chapter 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18403. Any person other than an elections official or a member of the precinct board who receives a voted ballot from a voter or who examines or solicits the voter to show their voted ballot is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. This section does not apply to persons returning a vote by mail ballot pursuant to Section 3017 or persons assisting a voter pursuant to Section 14282. (Amended by Stats. 2022, Ch. 161, Sec. 35. (AB 2608) Effective August 22, 2022.)
  23. 18500.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Anyone who commits or helps commit fraud in connection with voting is guilty of a felony and may be imprisoned.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18500. Any person who commits fraud or attempts to commit fraud, and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony, punishable by imprisonment for 16 months or two or three years. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  24. 18501.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A public official who knowingly violates this chapter to help illegal voting or electoral fraud can be permanently disqualified from office and jailed if convicted.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18501. Any public official who knowingly violates any of the provisions of this chapter, and thereby aids in any way the illegal casting or attempting to cast a vote, or who connives to nullify any of the provisions of this chapter in order that fraud may be perpetrated, shall forever be disqualified from holding office in this state and upon conviction shall be sentenced to a state prison for 16 months or two or three years. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  25. 18502.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person may not interfere with election officers, canvass officers, or voters exercising voting rights; doing so is punishable by jail or prison time.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18502. (a) Any person who in any manner interferes with the officers holding an election or conducting a canvass, as to prevent the election or canvass from being fairly held and lawfully conducted, or with the voters lawfully exercising their rights of voting at an election, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (b) For purposes of this section, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State as the chief elections officer, and their staff, as it relates to performance of any of their duties related to administering the provisions of the Elections Code, and elections officials and their staff, including temporary workers and poll workers, and members of a precinct board, in their performance of any duty related to assisting with holding an election or conducting a canvass. (c) For purposes of this section, “holding an election or conducting a canvass” includes, but is not limited to, the election observation process governed by the Elections Code and applicable regulations adopted by the Secretary of State. (d) For purposes of this section, “voting at an election” includes, but is not limited to, voting in person at a polling place, the office of the elections official, and satellite locations, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017. (Amended by Stats. 2025, Ch. 296, Sec. 6. (AB 1249) Effective January 1, 2026.)
  26. 18503.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    An employer that violates Section 14004 can be fined up to $10,000 per election.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18503. An employer who violates Section 14004 shall be subject to a civil fine of up to ten thousand dollars ($10,000) per election. An action for a civil fine under this subdivision may be brought by the Secretary of State or any public prosecutor with jurisdiction. (Added by Stats. 2019, Ch. 223, Sec. 4. (AB 17) Effective January 1, 2020.)
  27. 18504.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The public must be given notice about the chapter’s prohibitions on corruption of the voting process, and the Secretary of State must issue regulations on how that notice is provided.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [18500 - 18504] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18504. Notice regarding the prohibitions on activity related to corruption of the voting process set forth in this chapter shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided. (Added by Stats. 2021, Ch. 318, Sec. 6. (SB 35) Effective January 1, 2022.)
  28. 18520.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person may not offer or promise office, employment, or related procurement to a voter or other person to influence how that voter votes or whether they vote.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18520. A person shall not directly or through another person give, offer, or promise any office, place, or employment, or promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person, in order to induce that voter at any election to: (a) Refrain from voting. (b) Vote for any particular person. (c) Refrain from voting for any particular person. A violation of any of the provisions of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 72. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  29. 18521.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person must not take money or other valuable consideration in exchange for voting-related conduct before, during, or after an election.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18521. A person shall not directly or through any other person receive, agree, or contract for, before, during or after an election, any money, gift, loan, or other valuable consideration, office, place, or employment for himself or any other person because he or any other person: (a) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for any particular person or measure. (b) Remained away from the polls. (c) Refrained or agreed to refrain from voting. (d) Induced any other person to: (1) Remain away from the polls. (2) Refrain from voting. (3) Vote or refrain from voting for any particular person or measure. Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 73. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  30. 18522.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person or controlled committee may not give, offer, or promise money or other valuable consideration to influence how a voter votes or whether the voter votes.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18522. Neither a person nor a controlled committee shall directly or through any other person or controlled committee pay, lend, or contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to: (a) Induce any voter to: (1) Refrain from voting at any election. (2) Vote or refrain from voting at an election for any particular person or measure. (3) Remain away from the polls at an election. (b) Reward any voter for having: (1) Refrained from voting. (2) Voted for any particular person or measure. (3) Refrained from voting for any particular person or measure. (4) Remained away from the polls at an election. Any person or candidate violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 74. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  31. 18523.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person must not give, pay, or arrange payment of money or anything of value for use in election bribery, or knowingly repay money spent on election bribery.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18523. A person shall not directly or through any other person advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that it, or any part thereof, shall be used in bribery at any election, or knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election. Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 75. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  32. 18524.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person must not give or pay money or anything valuable to help pay for someone’s boarding, lodging, or maintenance in an election area, if the purpose is to secure that person’s vote or influence how they vote.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Corruption of Voters [18520 - 18524] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18524. A person shall not directly or through any other person advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that it, or any part thereof, will be used for boarding, lodging, or maintaining a person at any place or domicile in any election precinct, ward, or district, with intent to secure the vote of that person or to induce that person to vote for any particular person or measure. Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 76. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  33. 18540.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    It is a felony to use or threaten force, violence, coercion, or intimidation to affect how someone votes, or to hire or arrange someone else to do so.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18540. (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (b) Every person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (c) For purposes of this section, “voting at any election” includes, but is not limited to, voting in person at a polling place, the office of the elections official, and satellite locations, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017. (Amended by Stats. 2025, Ch. 296, Sec. 7. (AB 1249) Effective January 1, 2026.)
  34. 18541.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person may not, with intent to dissuade someone from voting, engage in listed election-related conduct near polling places or voters in line.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18541. (a) A person shall not, with the intent of dissuading another person from voting, within the 100 foot limit specified in subdivision (b), do any of the following: (1) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot. (2) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240. (3) Photograph, video record, or otherwise record a voter entering or exiting a polling place. (4) Obstruct ingress, egress, or parking. (b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following: (1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location. (2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot. (c) A person shall not, with the intent of dissuading another person from voting, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot: (1) Solicit a vote. (2) Speak to a voter about marking the voter’s ballot. (3) Disseminate visible or audible electioneering information. (d) A violation of this section is punishable by imprisonment in a county jail for not more than 12 months, or in state prison. Any person who conspires to violate this section is guilty of a felony. (Amended by Stats. 2025, Ch. 296, Sec. 8. (AB 1249) Effective January 1, 2026.)
  35. 18542.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Employers may not put candidate names, political slogans, or threatening political messages in employees’ pay envelopes when paying wages.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18542. Every employer, whether a corporation or natural person, or any other person who employs, is guilty of a misdemeanor if, in paying his or her employees the salary or wages due them, encloses their pay in pay envelopes upon which or in which there is written or printed the name of any candidate or any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of the employees. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  36. 18543.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person may be punished for knowingly making baseless or fraudulent voter challenges, spreading false statements about eligibility or registration, or conspiring to do so.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18543. (a) Every person who knowingly challenges a person’s right to vote without probable cause or on fraudulent or spurious grounds, or who engages in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay the process of voting, or who fraudulently advises any person that he or she is not eligible to vote or is not registered to vote when in fact that person is eligible or is registered, or who violates Section 14240, is punishable by imprisonment in the county jail for not more than 12 months or in the state prison. (b) Every person who conspires to violate subdivision (a) is guilty of a felony. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  37. 18544.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Certain people with firearms, and certain uniformed or security personnel, cannot be stationed at or posted near a polling place unless an exception applies; violations are punishable by fines, jail, or prison.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18544. (a) Any person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (b) This section does not apply to any of the following: (1) An unarmed uniformed guard or security personnel who is at the polling place to cast their vote. (2) A peace officer who is conducting official business in the course of their public employment or who is at the polling place to cast their vote. (3) A private guard or security personnel hired or arranged for by a city or county elections official. (4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held. (5) (A) A person described in subdivision (a) who is stationed in the immediate vicinity of, or posted at, a polling place with the written authorization of the appropriate city or county elections official, provided that neither the Secretary of State nor the Attorney General objected to that authorization, in writing, after it was granted. (B) A person described in subdivision (a) who is stationed or posted at a polling place with written authorization pursuant to subparagraph (A), which is subsequently objected to by the Secretary of State or Attorney General, shall not be subject to criminal penalties pursuant to this section unless the person remained stationed or posted at the polling place after gaining knowledge of the objection. (Amended by Stats. 2026, Ch. 10, Sec. 6. (SB 73) Effective May 27, 2026.)
  38. 18545.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person may not hire or arrange for armed or uniformed security or law enforcement personnel to be stationed at or posted near a polling place or county elections office, unless an exception applies.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18545. (a) Any person who hires or arranges for any other person in possession of a firearm or any uniformed law enforcement officer, private guard, or security personnel or any person who is wearing a uniform of a law enforcement officer, private guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office, is punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code and by a fine not to exceed ten thousand dollars ($10,000). (b) This section does not apply to any of the following: (1) The owner or manager of the facility or property in which the polling place is located if the private guard or security personnel is not hired or arranged solely for the day on which the election is held. (2) A person who hires or arranges for another person described in subdivision (a) to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office pursuant to a court order. (3) (A) A person who hires or arranges for another person described in subdivision (a) to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office with the written authorization of the appropriate elections official, provided that neither the Secretary of State nor the Attorney General objected to that authorization, in writing, after it was granted. (B) A person who hires or arranges for another person described in subdivision (a) to be stationed or posted at a polling place or county elections office with written authorization pursuant to subparagraph (A), which is subsequently objected to by the Secretary of State or Attorney General, shall not be subject to criminal penalties pursuant to this section, unless they have knowledge of the objection, and after gaining such knowledge, permits the person they hired or arranged for to remain stationed or posted at the polling place or elections office. (c) For purposes of this section, “law enforcement officer” means either of the following: (1) A peace officer as defined in Section 830 of the Penal Code. (2) An officer or agent of a federal law enforcement agency or any person acting on behalf of a federal law enforcement agency. (Amended by Stats. 2026, Ch. 10, Sec. 7. (SB 73) Effective May 27, 2026.)
  39. 18546.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    This section defines “elections official” and “immediate vicinity” for this article.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18546. As used in this article: (a) “Elections official” means the county elections official, registrar of voters, or city clerk. (b) “Immediate vicinity” means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots. (Amended by Stats. 2002, Ch. 221, Sec. 22. Effective January 1, 2003.)
  40. 18547.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A court may order a person convicted of violating this article to pay a restitution fine, on top of any other fine or penalty.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18547. (a) In addition to any other fine or penalty imposed by this article, the court may order any person convicted of violating this article to pay a restitution fine, the amount of which shall be determined by the court and be commensurate with the seriousness of the offense. (b) The moneys derived from the fine assessed pursuant to subdivision (a) shall be deposited in the Voter Intimidation Restitution Fund, created in Section 18548. (Added by Stats. 2007, Ch. 491, Sec. 1. Effective January 1, 2008.)
  41. 18548.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The Voter Intimidation Restitution Fund is established in the State Treasury and, after legislative appropriation, must be used for voter education campaigns and related administrative costs.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Intimidation of Voters [18540 - 18548] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18548. The Voter Intimidation Restitution Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be allocated to the Secretary of State to be used in voter education campaigns addressing the specific crime committed by anyone convicted of violating this article. The funds shall also be used for the administrative costs associated with distribution of the fund. (Added by Stats. 2007, Ch. 491, Sec. 2. Effective January 1, 2008.)
  42. 18560.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section makes certain election voting acts a crime, including fraudulent voting, voting more than once, handing in multiple folded ballots, and impersonating a voter.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18560. Every person is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, who: (a) Not being entitled to vote at an election, fraudulently votes or fraudulently attempts to vote at that election. (b) Being entitled to vote at an election, votes more than once, attempts to vote more than once, or knowingly hands in two or more ballots folded together at that election. (c) Impersonates or attempts to impersonate a voter at an election. (Amended by Stats. 2011, Ch. 15, Sec. 80. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  43. 18560.1.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person may not vote or try to vote in elections in this state and another state on the same date; doing so is a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18560.1. (a) A person who votes or attempts to vote in an election held in this state and in an election held in another state on the same date shall be guilty of a misdemeanor. (b) This section does not prohibit a voter from voting in an election held in this state and in an election held in another state on the same date if one of the elections is an election in a landowner voting district or any other district for which an elector is not required to be a resident of the district. (Added by Stats. 2023, Ch. 692, Sec. 1. (AB 1539) Effective January 1, 2024.)
  44. 18561.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person who helps, advises, or encourages someone to vote knowing they are not qualified, or who aids or abets offenses in Section 18560, can be imprisoned.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18561. Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years who: (a) Procures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote. (b) Aids or abets in the commission of any of the offenses mentioned in Section 18560. (Amended by Stats. 2011, Ch. 15, Sec. 81. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  45. 18562.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A precinct board member may not try to learn names on a ballot, open or let a folded ballot be opened or examined, or mark a folded ballot to discover how a voter voted, before the ballot is placed in the ballot box.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18562. Every member of a precinct board is guilty of a misdemeanor who, prior to putting the ballot of a voter in the ballot box, commits any of the following: (a) Attempts to find out any name on the ballot. (b) Opens or suffers to be opened or examined the folded ballot of any voter which has been handed in. (c) Makes or places any mark or device on any folded ballot with a view to ascertaining the name of any person for whom the voter has voted. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  46. 18562.5.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A member of the public commits a misdemeanor if, while observing certain election-counting activities, they willfully try to learn a voter’s identity or ballot choices, or tamper with a ballot or secrecy envelope to find out those choices.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18562.5. (a) A member of the public is guilty of a misdemeanor if, while observing any of the following, he or she willfully engages in any conduct set forth in subdivision (b): (1) The processing of vote by mail ballots conducted pursuant to Chapter 2 (commencing with Section 15100) of Division 15. (2) The semifinal official canvass conducted pursuant to Chapter 3 (commencing with Section 15150) of Division 15. (3) The official canvass conducted pursuant to Chapter 4 (commencing with Section 15300) of Division 15. (4) A recount conducted pursuant to Chapter 9 (commencing with Section 15600) of Division 15. (b) (1) Attempting to ascertain the identity and ballot choices of a voter, or having observed or learned the identity of a voter, attempting to ascertain the ballot choices of that voter. (2) Opening a provisional or vote by mail ballot envelope containing a voted ballot in order to ascertain the voter’s ballot choices. (3) Making or placing a mark or device on a ballot or secrecy envelope in an attempt to ascertain the voter’s ballot choices. (Added by Stats. 2009, Ch. 94, Sec. 1. (AB 269) Effective January 1, 2010.)
  47. 18563.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A precinct board member must not, without the voter’s consent, disclose the name of any candidate the member learned was voted for by that voter.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18563. Every member of a precinct board is guilty of a misdemeanor who, without the consent of a voter, discloses the name of any candidate the board member has discovered in his capacity as a member of the board to have been voted for by the voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  48. 18564.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person who tampers with election voting equipment or software, interferes with ballot secrecy, possesses unauthorized access credentials, or substitutes forged ballot tally source code before or during an election commits a felony.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18564. (a) Any person is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years who, before or during an election: (1) Tampers with, interferes with, or attempts to interfere with, the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software program source codes. (2) (A) Interferes or attempts to interfere with the secrecy of voting or ballot tally software program source codes. (B) For purposes of this paragraph, “interferes or attempts to interfere with” includes knowingly, and without authorization, providing unauthorized access to, or breaking the chain of custody to, either of the following: (i) Certified voting technology during the lifecycle of that certified voting technology. (ii) Any finished or unfinished ballot cards. (3) Knowingly, and without authorization, makes or has in the person’s possession credentials, passwords, or access keys to a voting machine that has been adopted and will be used in elections in this state. (4) Willfully substitutes or attempts to substitute forged or counterfeit ballot tally software program source codes. (b) The definitions in Section 17600 apply for purposes of this section. (Amended by Stats. 2024, Ch. 605, Sec. 11. (SB 1328) Effective September 25, 2024.)
  49. 18564.5.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section lets specified election officials bring a civil action against people or entities that interfere with voting equipment, ballot tally software, voting secrecy, certified hardware/software changes, or custody of voted ballots.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18564.5. (a) The Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, may bring a civil action against an individual, business, or other legal entity that commits any of the following acts before, during, or after an election: (1) Tampers, interferes, or attempts to interfere with the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software. (2) Interferes or attempts to interfere with the secrecy of voting or interferes or attempts to interfere with ballot tally software program source codes. (3) Knowingly, and without authorization, gains access to or provides another person or persons with access to a voting machine for the purpose of committing one of the acts specified by this section. (4) Willfully substitutes or attempts to substitute forged, counterfeit, or malicious ballot tally software program source codes. (5) Knowingly, and without authorization, inserts or causes the insertion of uncertified hardware, software, or firmware, for whatever purpose, into any voting machine, voting device, voting system, vote tabulating device, or ballot tally software. (6) Fails to notify the Secretary of State prior to any change in hardware, software, or firmware to a voting machine, voting device, voting system, or vote tabulating device, certified or conditionally certified for use in this state. (7) Takes a package containing the voted ballots or its contents from the custody of the elections official in violation of subdivision (d) of Section 15551. (b) A civil action may be brought pursuant to this section for a civil penalty not to exceed fifty thousand dollars ($50,000) for each act and for injunctive relief, if appropriate. (Amended by Stats. 2026, Ch. 10, Sec. 8. (SB 73) Effective May 27, 2026.)
  50. 18565.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Anyone who aids or abets offenses listed in Section 18564 can be punished with jail or prison time.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18565. Any person who aids or abets in the commission of any of the offenses described in Section 18564 is punishable by imprisonment in the county jail for a period of six months or in the state prison for 16 months or two or three years. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  51. 18566.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person who forges, counterfeits, or swaps election returns as described here can be punished by prison for two, three, or four years.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18566. Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years who: (a) Forges or counterfeits returns of an election purported to have been held at a precinct where no election was in fact held. (b) Willfully substitutes forged or counterfeit returns of election in the place of true returns for a precinct where an election was actually held. (Amended by Stats. 2011, Ch. 15, Sec. 83. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  52. 18567.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    It is punishable by imprisonment for a person to willfully add to or subtract from votes actually cast at an election, or alter election returns.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18567. Every person who willfully adds to or subtracts from the votes actually cast at an election, in any official or unofficial returns, or who alters the returns, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 84. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  53. 18568.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section makes it an offence for any person to interfere with ballots, poll lists, ballot containers, election returns, or unofficial ballot collection/return containers, and it sets fines or jail terms for that conduct.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18568. Every person is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment, who: (a) Aids in changing or destroying any poll list or official ballot. (b) Aids in wrongfully placing any ballots in the ballot container or in taking any therefrom. (c) Adds or attempts to add any ballots to those legally polled at any election by fraudulently putting them into the ballot container, either before or after the ballots therein have been counted. (d) Adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while they are being counted or canvassed or at any other time, with intent to change the result of the election, or allows another to do so, when in the person’s power to prevent it. (e) Carries away or destroys, attempts to carry away or destroy, or knowingly allows another to carry away or destroy, any poll list, ballot container, or ballots lawfully polled or who willfully detains, mutilates, or destroys any election returns. (f) Removes any unvoted ballots from the polling place before the completion of the ballot count. (g) Displays a container or provides an envelope for the purpose of collecting or returning ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot or returning a ballot in an unofficial ballot return envelope. Evidence of intent to deceive may include using the word “official” on the container or envelope, or otherwise fashioning the container or envelope in a way that is likely to deceive a voter into believing that the container or envelope is an official collection box or official ballot return envelope that has been approved by an elections official. (h) Directs or solicits a voter to place a ballot in a container or envelope prohibited by subdivision (g). (i) Knowingly takes a package containing voted ballots or its contents from the custody of the elections official in violation of subdivision (d) of Section 15551. (Amended by Stats. 2026, Ch. 10, Sec. 9. (SB 73) Effective May 27, 2026.)
  54. 18569.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person who aids or abets certain election offenses can be punished with jail or prison time.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18569. Every person who aids or abets in the commission of any of the offenses mentioned in Section 18566, 18567, or 18568 is punishable by imprisonment in the county jail for the period of six months or in the state prison for 16 months or two or three years. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  55. 18570.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person commits a misdemeanor if they remove or deface posted vote results within 48 hours after polls close, or if they delay or change the copy of the results that must be delivered to the city or county elections official.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18570. Every person is guilty of a misdemeanor who does any one of the following: (a) Removes or defaces any posted copy of the results of votes cast within the period of 48 hours from the official time fixed for the closing of the polls. (b) Delays delivery of or changes the copy of the result of votes cast that is to be delivered to the city or county elections official. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  56. 18571.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    People acting on a counting board must obey lawful orders from the county elections official or deputy, or they may be guilty of a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18571. Any person acting on any counting board who refuses to obey any lawful order of the county elections official or his or her deputy is guilty of a misdemeanor, unless he or she is by his or her refusal guilty of a higher crime under the laws of this state. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  57. 18572.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Counting boards and their members are subject to the same liabilities and penalties as precinct boards or their members when votes and returns are counted at the precincts where they were polled.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18572. Each counting board and its members are subject to the liabilities and penalties to which precinct boards or their members are subject where the votes and returns are counted at the precincts where they were polled. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  58. 18573.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person commits a felony if they give a voter a misleading ballot or trick a voter into voting for someone else.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18573. Every person is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years who furnishes any voter wishing to vote, who cannot read, with a ballot, informing or giving that voter to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any voter at any election by deceiving and causing him or her to vote for a different person for any office than he or she intended or desired to vote for. (Amended by Stats. 2011, Ch. 15, Sec. 86. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  59. 18573.5.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person caring for or directly supervising an elder in certain licensed or subsidized facilities or programs must not coerce or deceive the elder about how to vote.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18573.5. (a) It is a misdemeanor for a person who is providing care or direct supervision to an elder in a state-licensed or state-subsidized facility or program to coerce or deceive the elder into voting for or against a candidate or measure contrary to the elder’s intent or in the absence of any intent of the elder to cast a vote for or against that candidate or measure. (b) For purposes of this section, “elder” has the same meaning as set forth in Section 15610.27 of the Welfare and Institutions Code. (c) A violation of this section is punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000) per ballot containing a vote cast by the elder as a result of the coercion or deception or by both that imprisonment and fine. (d) Nothing in this section shall preclude prosecution under any other provision. (Added by Stats. 2011, Ch. 260, Sec. 1. (AB 547) Effective January 1, 2012.)
  60. 18574.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person required by the precinct board at an election must not refuse to be sworn or, once sworn, refuse to answer pertinent questions about another person’s right to vote.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18574. Every person who, after being required by the precinct board at an election, refuses to be sworn or, being sworn, refuses to answer any pertinent questions propounded by the board touching the right of another to vote, is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  61. 18575.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person commits a felony if, at an election, they act as an election officer without being appointed and qualified, or if they perform election officer duties without being an election officer.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18575. Every person is guilty of a felony, and on conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three or four years, who at any election: (a) Without first having been appointed and qualified, acts as an election officer. (b) Not being an election officer, performs or discharges any of the duties of an election officer in regard to the handling, counting, or canvassing of any ballots. (Amended by Stats. 2011, Ch. 15, Sec. 87. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  62. 18577.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person in charge of a completed vote-by-mail ballot must not willfully interfere with its return to the local elections official, or cause that interference.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18577. Any person having charge of a completed vote by mail ballot who willfully interferes or causes interference with its return to the local elections official having jurisdiction over the election is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (Amended by Stats. 2007, Ch. 508, Sec. 117. Effective January 1, 2008.)
  63. 18578.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Using a fake or ineligible name to apply for, vote, or try to vote by mail is a felony.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Corruption of Voting [18560 - 18578] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18578. Any person who applies for, or who votes or attempts to vote, a vote by mail ballot by fraudulently signing the name of a fictitious person, or of a regularly qualified voter, or of a person who is not qualified to vote, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 88. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  64. 18580.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act [18580 - 18582] ( Article 5 added by Stats. 2024, Ch. 533, Sec. 2. )

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    This section defines terms used in the article, including firearm, imitation firearm, law enforcement officer, open carry, and voting.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act [18580 - 18582] ( Article 5 added by Stats. 2024, Ch. 533, Sec. 2. ) ## 18580. For the purposes of this article, the following definitions apply: (a) “Firearm” means a device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. It includes any firearm that is in the nature of an air gun, spring gun or pistol, or other weapon in which the propelling force is a spring, an elastic band, carbon dioxide, compressed or other gas or vapor, or air or compressed air, or is ignited by compressed air, and that ejects a bullet or missile smaller than three-eighths of an inch in diameter with sufficient force to injure a person that is so substantially similar in coloration and overall appearance to an existing firearm or weapon as to lead a reasonable person to perceive that the device is a firearm or weapon. (b) “Imitation firearm” has the same meaning as in Section 16700 of the Penal Code. (c) “Law enforcement officer” has the same meaning as in Section 13519.05 of the Penal Code. (d) “Officer holding an election or conducting a canvass” has the same meaning as in Section 18502. (e) (1) “Open carry” has the same meaning as in Section 26350 of the Penal Code. (2) Notwithstanding Section 26350 of the Penal Code, this definition applies to any firearm or imitation firearm that is openly carried and applies to any firearm that is openly carried, regardless of whether the firearm is loaded. (f) “Voting” includes any action necessary to make a vote effective in a primary, special, or general election, including registration or other action required by law as a prerequisite to voting, casting a ballot by any method permitted by law, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to a candidate or measure for which votes are received in an election. (Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)
  65. 18581.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act [18580 - 18582] ( Article 5 added by Stats. 2024, Ch. 533, Sec. 2. )

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    A person may not intimidate, threaten, or coerce someone because of voting, helping with voting, election administration duties, or that person’s role in election administration.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act [18580 - 18582] ( Article 5 added by Stats. 2024, Ch. 533, Sec. 2. ) ## 18581. (a) A person shall not intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other person for any of the following: (1) Voting or attempting to vote. (2) Urging or aiding any person to vote or attempt to vote, whether as part of official election administration activity or otherwise. (3) Exercising any powers or duties to administer elections, including counting votes, canvassing, and certifying an election in accordance with Division 15. (4) That other person’s status as a past or present participant in the administration of elections. (b) (1) In any suit to enforce this section, a person who openly carries a firearm or imitation firearm while interacting with or observing any of the activities described in paragraphs (1) to (3), inclusive, or interacting with or observing a person due to their status described in paragraph (4), of subdivision (a) shall be presumed to have engaged in intimidation prohibited by this section in the absence of an affirmative showing to the contrary by a preponderance of the evidence. (2) A law enforcement officer acting within the scope of their official duties is not subject to this presumption, but a court may nonetheless consider a law enforcement officer’s possession of a firearm in determining whether the officer violated subdivision (a). (Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)
  66. 18582.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act [18580 - 18582] ( Article 5 added by Stats. 2024, Ch. 533, Sec. 2. )

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    This section lets aggrieved people, election officers, and the Attorney General enforce the article, and lets courts grant equitable relief and award fees to prevailing plaintiffs.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Corruption of the Voting Process [18500 - 18582] ( Chapter 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act [18580 - 18582] ( Article 5 added by Stats. 2024, Ch. 533, Sec. 2. ) ## 18582. (a) A person aggrieved by a violation of Section 18581 may enforce the provisions of this article in a suit at law or in equity, or both. A prevailing plaintiff in such an action shall recover reasonable attorney’s fees, reasonable expert fees, reasonable litigation expenses, and all such fees as are appropriate as part of the costs to be determined by a court of competent jurisdiction. (b) An officer holding an election or conducting a canvass may enforce the provisions of this act and may institute an action for equitable relief on behalf of an aggrieved person who is in the officer’s jurisdiction or is eligible to vote in the officer’s jurisdiction. (c) The Attorney General may enforce the provisions of this act and may institute for the state, or in the name of the state, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order. (d) A suit brought by an officer holding an election or conducting a canvass or the Attorney General under this section does not preclude a contemporaneous private suit by an aggrieved person to enforce the provisions of this article. (e) In a suit to enforce the provisions of this article, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the areas defined in Article 3. This subdivision does not limit the court’s authority to grant any other just and equitable relief. (f) In order to prevail in a suit to enforce the provisions of this article, a plaintiff need not prove that a defendant intended to intimidate, threaten, or coerce any person, except in order to prove an attempt to intimidate, threaten, or coerce. A court may nonetheless consider evidence of intent in determining the appropriate relief. (g) The provisions of this article are cumulative and shall not be construed as restricting the application of any other law, including, but not limited to, the application of a criminal law to a person whose conduct violates Section 18581. (Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)
  67. 18600.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    This section makes it a misdemeanor to make false statements or misrepresentations about certain initiative, referendum, or recall petitions, including their contents, effect, official top funders disclosure, or a gatherer’s paid-or-volunteer status.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18600. Every person is guilty of a misdemeanor who: (a) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, referendum or recall petition, intentionally misrepresents or intentionally makes any false statement concerning the contents, purport or effect of the petition, or the petition’s Official Top Funders disclosure required by Section 107, to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for the person’s signature. (b) Willfully and knowingly circulates, publishes, or exhibits any false statement or misrepresentation concerning the contents, purport or effect of any state or local initiative, referendum, or recall petition, or the petition’s Official Top Funders disclosure required by Section 107, for the purpose of obtaining any signature to, or persuading or influencing any person to sign, that petition. (c) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, intentionally makes any false statement in response to any inquiry by any voter as to whether the person is a paid signature gatherer or a volunteer. (Amended by Stats. 2019, Ch. 563, Sec. 8. (SB 47) Effective January 1, 2020.)
  68. 18601.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    People working for initiative, referendum, or recall proponents must let a prospective signer read the measure or petition, and violating this rule is a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18601. Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who refuses to allow a prospective signer to read the measure or petition is guilty of a misdemeanor. An arrest or conviction pursuant to this section shall not invalidate or otherwise affect the validity of any signature obtained by the person arrested or convicted. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  69. 18602.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person working for the proponents of a statewide initiative or referendum must not cover or obscure the Attorney General’s summary from a prospective signer.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18602. Any person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Attorney General from the view of a prospective signer is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  70. 18603.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person may not give money or other valuable consideration in exchange for someone’s signature on an initiative, referendum, or recall petition.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18603. Every person who offers or gives money or other valuable consideration to another in exchange for his or her signature on a state, county, municipal, or district initiative, referendum, or recall petition is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 714, Sec. 26. Effective January 1, 1997.)
  71. 18604.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    After conviction for certain listed election-code violations, the court may make probation include a ban on receiving money or other valuable consideration for gathering petition signatures.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. Improper Signature-Gathering Tactics [18600 - 18604] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18604. Upon conviction of a violation of any provision of this article, Article 2 (commencing with Section 18610), Article 3 (commencing with Section 18620), Article 5 (commencing with Section 18640), Article 6 (commencing with Section 18650), or Article 7 (commencing with Section 18660), the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for gathering signatures on an initiative, referendum, or recall petition. (Added by Stats. 2010, Ch. 372, Sec. 2. (AB 2101) Effective January 1, 2011.)
  72. 18610.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person who asks a circulator to attach a false or forged signature to an initiative, referendum, or recall petition commits a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18610. Every person who solicits any circulator to affix to any initiative, referendum, or recall petition any false or forged signature, or to cause or permit a false or forged signature to be affixed, is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  73. 18611.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person who knowingly circulates or causes to be circulated an initiative, referendum, or recall petition containing false, forged, or fictitious names can be fined or imprisoned.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18611. Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who circulates or causes to be circulated any initiative, referendum, or recall petition, knowing it to contain false, forged, or fictitious names. (Amended by Stats. 2011, Ch. 15, Sec. 89. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  74. 18612.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person commits a misdemeanor if they knowingly sign their own name more than once on an initiative, referendum, or recall petition, or sign a petition while knowing they are not qualified to sign it.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18612. Every person is guilty of a misdemeanor who knowingly signs his or her own name more than once to any initiative, referendum, or recall petition, or signs his or her name to that petition knowing himself or herself at the time of signing not to be qualified to sign it. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  75. 18613.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person must not use a fictitious name, another person's name, or get someone else to use such a name on an initiative, referendum, or recall petition.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18613. Every person who subscribes to any initiative, referendum, or recall petition a fictitious name, or who subscribes thereto the name of another, or who causes another to subscribe such a name to that petition, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 90. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  76. 18614.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person who files certain petitions with a signature they know is false, fraudulent, or not genuine can be fined or jailed.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. False or Ineligible Signatures on Petition [18610 - 18614] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18614. Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who files in the office of the elections official or other officer designated by law to receive the filing, any initiative, referendum, or recall petition to which is attached, appended or subscribed any signature which the person filing the petition knows to be false or fraudulent or not the genuine signature of the person whose name it purports to be. (Amended by Stats. 2011, Ch. 15, Sec. 91. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  77. 18620.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing [18620 - 18622] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person may not seek or take money or other value to fraudulently influence initiative, referendum, or recall petition proponents to abandon, delay, stop circulating, or block qualifying or filing the petition.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing [18620 - 18622] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18620. Every person who seeks, solicits, bargains for, or obtains any money, thing of value, or advantage of or from any person, firm, or corporation for the purpose or represented purpose of fraudulently inducing, persuading, or seeking the proponent or proponents of any initiative or referendum measure or recall petition to (a) abandon the measure or petition, (b) fail, neglect, or refuse to file in the office of the elections official or other officer designated by law, within the time required by law, the initiative or referendum measure or recall petition after securing the number of signatures required to qualify the measure or petition, (c) stop the circulation of the initiative or referendum measure or recall petition, or (d) perform any act that will prevent or aid in preventing the initiative or referendum measure or recall petition from qualifying as an initiative or referendum measure, or the recall petition from resulting in a recall election, is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 92. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  78. 18621.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing [18620 - 18622] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A proponent of an initiative, referendum, or recall petition may be punished for seeking or taking value to abandon, stop, delay, withdraw, or otherwise block the measure or petition.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing [18620 - 18622] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18621. Any proponent of an initiative or referendum measure or recall petition who seeks, solicits, bargains for, or obtains any money or thing of value of or from any person, firm, or corporation for the purpose of abandoning the same or stopping the circulation of petitions concerning the same, or failing or neglecting or refusing to file the measure or petition in the office of the elections official or other officer designated by law within the time required by law after obtaining the number of signatures required under the law to qualify the measure or petition, or withdrawing an initiative petition after filing it with the appropriate elections official, or performing any act that will prevent or aid in preventing the initiative, referendum, or recall proposed from qualifying as an initiative or referendum measure, or resulting in a recall election is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 2014, Ch. 697, Sec. 17. (SB 1253) Effective January 1, 2015.)
  79. 18622.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing [18620 - 18622] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person may not buy or offer to buy a signed referendum, initiative, or recall petition from a circulator; doing so is a misdemeanor. Paying a circulator for services by the petition proponent or agent is not prohibited.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing [18620 - 18622] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18622. Every person who offers to buy or does buy from a circulator any referendum, initiative, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or both. This section is not intended to prohibit compensation of a circulator, for his or her services, by a proponent of the petition or his or her agent. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  80. 18630.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Threats and Theft to Prevent Petition Circulation and Filing [18630 - 18631] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person who threatens assault, battery, or property damage to stop or retaliate against petition circulation commits a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Threats and Theft to Prevent Petition Circulation and Filing [18630 - 18631] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18630. Every person who threatens to commit an assault or battery on a person circulating a referendum, initiative, or recall petition or on a relative of a person circulating a referendum, initiative, or recall petition or to inflict damage on the property of the circulator or the relative, with the intent to dissuade the circulator from circulating the petition or in retribution for the circulation, is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  81. 18631.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Threats and Theft to Prevent Petition Circulation and Filing [18630 - 18631] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person who forcibly or secretly takes a signed initiative, referendum, or recall petition from a circulator commits a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Threats and Theft to Prevent Petition Circulation and Filing [18630 - 18631] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18631. Every person who forcibly or by stealth takes from the possession of a circulator any initiative, referendum, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  82. 18640.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Refusal of Circulators to Turn in Petitions [18640- 18640.] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person working on an initiative, referendum, or recall petition who collects paid signatures and does not turn the petition over to the proponents for filing can be fined or jailed.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Refusal of Circulators to Turn in Petitions [18640- 18640.] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18640. Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who solicits signatures to qualify the measure or petition and accepts any payment therefor and who fails to surrender the measure or petition to the proponents thereof for filing is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 94. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  83. 18650.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Misuse of Signatures on Petition [18650- 18650.] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person must not knowingly or willfully let petition signature lists be used for any purpose other than qualifying the measure for the ballot, unless another Government Code article allows it.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Misuse of Signatures on Petition [18650- 18650.] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18650. No one shall knowingly or willfully permit the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, except as provided in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code. Violation of this section is a misdemeanor. (Amended by Stats. 2021, Ch. 615, Sec. 103. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  84. 18660.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. False Affidavits Concerning Petitions [18660 - 18661] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Making a false affidavit about an initiative, referendum, or recall petition can lead to fines or jail time.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. False Affidavits Concerning Petitions [18660 - 18661] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18660. (a) Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who makes any false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition. (b) A person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition and who does either of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment: (1) Knowingly directs an affiant to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition. (2) Knows or reasonably should know that an affiant has made a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition and submits the section of the petition that contains the false affidavit. (Amended by Stats. 2017, Ch. 848, Sec. 1. (AB 1367) Effective January 1, 2018.)
  85. 18661.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. False Affidavits Concerning Petitions [18660 - 18661] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Public officials or employees who knowingly file false returns, certifications, or affidavits about initiative, referendum, or recall petitions (or the signatures on them) can be punished.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 7. False Affidavits Concerning Petitions [18660 - 18661] ( Article 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18661. Every public official or employee is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who knowingly makes any false return, certification or affidavit concerning any initiative, referendum, or recall petition or the signatures appended thereto. (Amended by Stats. 2011, Ch. 15, Sec. 96. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  86. 18670.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Filing Petitions to Defeat an Initiative or Referendum [18670 - 18671] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Filing a petition to defeat a statewide initiative or referendum, when done as described and with that intention, is a misdemeanor; a good-faith filing of a conflicting measure is exempt.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Filing Petitions to Defeat an Initiative or Referendum [18670 - 18671] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18670. Every person is guilty of a misdemeanor who, either as principal or agent, files in the office of the Secretary of State, county elections official, or in the office of any other officer designated by law to receive the filing, a petition or any section of a petition relating to the Constitution or the laws of this state, authorized by the Constitution or laws of this state regulating the statewide initiative or referendum, with the intention of thereby defeating that initiative or referendum measure that is embraced in the petition. Nothing in this section applies to any person who, in good faith, files a petition embracing an initiative or referendum measure that conflicts with a similar measure already on file. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  87. 18671.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Filing Petitions to Defeat an Initiative or Referendum [18670 - 18671] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A petition, or part of one, is null and void if it is filed by someone other than the proponents of the initiative or referendum measure and is intended to defeat the public will.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 8. Filing Petitions to Defeat an Initiative or Referendum [18670 - 18671] ( Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18671. Any petition, or any section of a petition, filed by any person other than the proponents of an initiative or referendum measure and with an intention of defeating an expression of the public will is null and void. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  88. 18680.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Misuse of Campaign Funds [18680- 18680.] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A person entrusted with campaign money or things of value for an initiative, referendum, or recall is treated as a trustee and must use the funds only for the trust’s lawful purposes.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Initiative, Referendum, and Recall [18600 - 18680] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 9. Misuse of Campaign Funds [18680- 18680.] ( Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18680. Every person who is entrusted with money or things of value for the purpose of promoting or defeating any initiative, referendum, or recall petition or any measure that has qualified for the ballot is a trustee of the money or things of value. If a person wrongfully appropriates the money or things of value to any use or purpose not in the due and lawful execution of the trust, the person shall be punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. The following expenses are within the due and lawful execution of the trust: (a) Securing signatures to initiative, referendum, or recall petitions. (b) Circulating initiative, referendum, or recall petitions. (c) Holding and conducting public meetings. (d) Printing and circulating prior to an election: (1) Specimen ballots. (2) Handbills. (3) Cards. (4) Other papers. (e) Advertising. (f) Postage. (g) Expressage. (h) Telegraphing. (i) Telephoning. (j) All salaries and expenses of: (1) Campaign managers. (2) Lecturers. (3) Solicitors. (4) Agents. (5) All persons employed in transacting business at headquarters or branch offices, if the business transacted is related to promoting or defeating an initiative, referendum, or recall petition or any measure which has qualified for the ballot. (k) Maintaining headquarters and branch offices. (l) Renting of rooms for the transaction of the business of an association. (m) Attorney’s fees and other costs in connection with litigation where the litigation arises directly out of any of the following: (1) Activities related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot. (2) The enactment, by the initiative process, of any ordinance, charter amendment, statute, or constitutional amendment. (3) An election contest or recount. (4) A violation of state or local campaign, disclosure, or election laws. The amendment of this section by adding subdivision (m) thereto, made at the 1991–92 Regular Session of the Legislature, does not constitute a change in, but is declaratory of, the existing law. Expenses for food, clothing, shelter and other personal needs of the trustee are not within the due and lawful execution of the trust. However, expenses for travel and necessary accommodations for the trustee are within the due and lawful execution of the trust, if the travel and accommodations are related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot. (Amended by Stats. 2011, Ch. 15, Sec. 97. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  89. 18700.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Obligations of Precinct Board [18700- 18700.] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A voter appointed as a precinct board member must act in that role unless excused by the county elections official; otherwise the person commits a misdemeanor and may be fined up to $100.

    ## Elections Code - ELEC ## DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Obligations of Precinct Board [18700- 18700.] ( Chapter 8 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 18700. Any voter who has filed an application for the position of, and been appointed as a precinct board member and who, without being excused by the county elections official, knowingly fails to act as a precinct board member, is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100). (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  90. 19001.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    This division must be interpreted broadly so that the electors’ real will is not defeated by technical informality or by a failure to follow every legal requirement.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19001. This division shall be liberally construed so that the real will of the electors will not be defeated by any informality or failure to comply with all of the provisions of the law. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  91. 19002.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    If this division conflicts with another code provision on the same subject, this division controls for the election or precinct where it has been adopted.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19002. Any provision of this division, insofar as it is inconsistent with any other provision of this code relating to the same subject matter, shall be controlling as to any election or precinct for which the provisions of this division are adopted. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  92. 19003.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    This division governs voting systems, even if other laws or city or county ordinances say otherwise, unless the other provision is consistent with this division.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19003. Notwithstanding any other provision of the law to the contrary, including any city or county ordinance, unless that other provision of the law is deemed consistent with this division, this division shall govern voting systems. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  93. 19004.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Voting equipment may be loaned or rented for any purpose if the board of supervisors consents and the expenses of use are paid.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19004. Voting equipment may be loaned or rented for any purposes with the consent of the board of supervisors, if payment for the expenses incident to the use of the machine is made. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  94. 19005.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    If there is an electrical failure or other emergency, the election official may allow ballots to be marked by pencil or ink.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19005. In the case of electrical failure or other emergency, the official conducting the election may direct that ballots may be marked by pencil or ink. In that event, the elections official may duplicate the voted ballot cards as provided in Section 15210 and count the duplicate ballots by automatic tabulating device, or may count the voted ballots pursuant to Article 5 (commencing with Section 15270) of Chapter 3 of Division 15. (Amended by Stats. 2003, Ch. 810, Sec. 25. Effective January 1, 2004.)
  95. 19006.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    This section states legislative intent for voting system certification, testing standards, and local funding for certified or nonproprietary systems.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 1. General Provisions [19001 - 19006] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19006. It is the intent of the Legislature that: (a) All voting systems be certified or conditionally approved by the Secretary of State, independent of voluntary federal qualification or certification, before they are used in future elections to ensure that the voting systems have the ability to meet accuracy, accessibility, and security standards. (b) The Secretary of State adopt and publish testing standards that meet the minimum requirements of the Help America Vote Act of 2002 (52 U.S.C. Sec. 21081 et seq.) and that incorporate best practices in election technology. (c) The Secretary of State study and encourage the development of voting systems that use nonproprietary source code and that are easy to audit. (d) A local jurisdiction may use available public funds to purchase and maintain any certified or conditionally approved voting system or part of a voting system. (e) California receive the benefits of the publicly funded development of a nonproprietary voting system in the state. (f) A local jurisdiction may use available public funds to research and develop a nonproprietary voting system that uses disclosed source codes, including the manufacture of a limited number of voting system units, for use in a pilot program or for submission to the Secretary of State for certification. (Amended by Stats. 2025, Ch. 238, Sec. 8. (SB 851) Effective October 1, 2025.)
  96. 19100.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The Secretary of State must study and adopt regulations for voting equipment and is responsible for certifying voting systems for use in the state.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19100. The Secretary of State shall study and adopt regulations governing the use of voting machines, voting devices, vote tabulating devices, and ballot marking systems, and shall be responsible for certifying voting systems for use in this state. (Amended by Stats. 2013, Ch. 602, Sec. 3. (SB 360) Effective January 1, 2014.)
  97. 19101.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The Secretary of State must adopt and publish voting system standards and regulations, and may require extra testing for voting systems.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19101. (a) The Secretary of State shall adopt and publish voting system standards and regulations governing the use of voting systems that meet the minimum requirements of the Help America Vote Act of 2002 (52 U.S.C. Sec. 21081 et seq.) and that incorporate best practices in election technology. The Secretary of State may require additional testing to ensure that voting systems meet the requirements of this code. (b) Voting system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements: (1) The machine or device and its software shall be suitable for the purpose for which it is intended. (2) The system shall preserve the secrecy of the ballot. (3) The system shall be safe from fraud or manipulation. (4) The system shall be accessible to voters with disabilities pursuant to Section 19242 and applicable federal laws. (5) The system shall be accessible to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters pursuant to Section 14201 and applicable federal laws. (Amended by Stats. 2025, Ch. 238, Sec. 9. (SB 851) Effective October 1, 2025.)
  98. 19102.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The Secretary of State must study how voting systems perform in use in the state.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19102. The Secretary of State shall study the performance of voting systems in use in the state. (Added by Stats. 2013, Ch. 602, Sec. 7. (SB 360) Effective January 1, 2014.)
  99. 19103.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    Two committee chairpersons must meet with and assist the Secretary of State, so long as doing so is not incompatible with their legislative positions.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19103. The Chairperson of the Senate Standing Committee on Elections and Constitutional Amendments and the Chairperson of the Assembly Standing Committee on Elections and Redistricting shall meet with the Secretary of State and assist the Secretary of State to the extent that the participation is not incompatible with their positions as Members of the Legislature. For purposes of this division, the chairpersons of the committees named shall constitute a joint interim legislative committee on the subject of this chapter and Chapter 3 (commencing with Section 19200) and shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly. (Added by renumbering Section 19101 by Stats. 2013, Ch. 602, Sec. 4. (SB 360) Effective January 1, 2014.)
  100. 19104.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The Secretary of State must create and publish emergency voting procedures and guidelines, and submit a readiness report to the Legislature by December 31, 2014.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19104. (a) The Secretary of State shall do both of the following by December 31, 2014: (1) In consultation with county elections officials, establish the procedures and guidelines for voting in the event of a natural disaster or other state of emergency. The Secretary of State shall publish the procedures and guidelines on his or her Internet Web site. (2) Submit a report to the Legislature on the readiness of the state to hold elections during or following a natural disaster or other state of emergency. (b) (1) The requirement for submitting a report imposed under paragraph (2) of subdivision (a) is inoperative on December 31, 2018, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to paragraph (2) of subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2013, Ch. 498, Sec. 1. (AB 214) Effective January 1, 2014.)
  101. 19105.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    The Secretary of State may investigate alleged violations and subpoena necessary persons and records.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 2. Secretary of State Requirements [19100 - 19105] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19105. The Secretary of State may investigate any alleged violation of this code or the Secretary of State’s regulations with the power to subpoena all necessary persons and records. (Added by renumbering Section 19102 by Stats. 2013, Ch. 602, Sec. 6.5. (SB 360) Effective January 1, 2014.)
  102. 19200.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

    Verify source ↗

    The Secretary of State must not approve a voting system, or part of one, unless it meets the code and the Secretary of State’s regulations.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19200. The Secretary of State shall not approve any voting system, or part of a voting system, unless it fulfills the requirements of this code and the regulations of the Secretary of State. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  103. 19201.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

    Verify source ↗

    The Secretary of State may grant, condition, or withdraw conditional approval for a voting system or part of a voting system.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19201. (a) (1) The Secretary of State may grant conditional approval to a voting system or part of a voting system under either of the following circumstances: (A) A voting system or part of a voting system was decertified as a result of a review by the Secretary of State pursuant to Section 19232. (B) A certified voting system or part of that voting system is modified to comply with voting system standards or changes in statute. (2) For purposes of granting conditional approval to a voting system or part of a voting system pursuant to paragraph (1), the Secretary of State may impose additional conditions of approval as deemed necessary by the Secretary of State. (b) The Secretary of State may withdraw conditional approval at any time pursuant to Section 19232. (Amended by Stats. 2024, Ch. 605, Sec. 12. (SB 1328) Effective September 25, 2024.)
  104. 19202.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    Voting systems generally cannot be used, purchased, or contracted for unless they have been certified or conditionally approved by the Secretary of State, with limited exceptions.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19202. (a) Except as authorized by Section 19209, a voting system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State prior to any election at which it is to be used. (b) A voting system that has been tested and approved for use in all elections by the Secretary of State before January 1, 2014, shall be deemed certified or conditionally approved by the Secretary of State and may be used in an election subject to any conditions placed on the use of the voting system by the Secretary of State before January 1, 2014, including conditions imposed in the reapproval documents issued by the Secretary of State in 2007 and 2008 following the Top-to-Bottom Review, and its subsequent revisions. The voting systems described in this subdivision shall remain subject to review and decertification by the Secretary of State at any time pursuant to Section 19232. (c) A vendor or county, upon obtaining federal qualification on or before April 28, 2016, may request approval of the voting system from the Secretary of State based on the examination and review requirements in place before January 1, 2014. (d) A jurisdiction shall not purchase or contract for a voting system unless it has been certified or conditionally approved by the Secretary of State. (e) Notwithstanding subdivision (d), a local jurisdiction may contract and pay for the following: (1) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209. (2) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes: (A) To test and seek certification or conditional approval of the voting system pursuant to Sections 19210 to 19214, inclusive. (B) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209. (Amended by Stats. 2016, Ch. 422, Sec. 81. (AB 2911) Effective January 1, 2017.)
  105. 19203.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    The Secretary of State may not certify or conditionally approve a voting system that uses paper ballots unless the paper is good enough to stay intact and readable for the required retention period.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19203. The Secretary of State shall not certify or conditionally approve a voting system or a part of a voting system that uses paper ballots unless the paper used for the ballots is of sufficient quality that it maintains its integrity and readability throughout the retention period specified in Chapter 4 (commencing with Section 17300) of Division 17. (Added by renumbering Section 19216 by Stats. 2013, Ch. 602, Sec. 31. (SB 360) Effective January 1, 2014.)
  106. 19204.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    The Secretary of State may not certify or conditionally approve a voting system that lets a voter leave the polling place with a copy or facsimile of the ballot cast there.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19204. The Secretary of State shall not certify or conditionally approve any voting system that includes features that permit a voter to produce, and leave the polling place with, a copy or facsimile of the ballot cast by the voter at that polling place. (Added by renumbering Section 19200.5 by Stats. 2013, Ch. 602, Sec. 11. (SB 360) Effective January 1, 2014.)
  107. 19204.5.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    The Secretary of State must not certify or conditionally approve a voting system that cannot support a ballot-level comparison risk-limiting audit.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19204.5. (a) The Secretary of State shall not certify or conditionally approve a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit. (b) (1) For purposes of this subdivision, a voting system that is “noncompliant” is a voting system that cannot facilitate the conduct of a ballot level comparison risk-limiting audit. (2) Notwithstanding subdivision (a), the Secretary of State may, until January 1, 2021, approve a proposed change or modification to a noncompliant voting system even if the voting system will remain noncompliant after the change or modification. This paragraph shall become inoperative on January 1, 2021. (Added by Stats. 2015, Ch. 723, Sec. 9. (AB 44) Effective January 1, 2016.)
  108. 19205.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    Voting systems must follow strict security rules: no internet connection, no wireless or modem communication, and no nonessential network connections.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19205. A voting system shall comply with all of the following: (a) No part of the voting system shall be connected to the internet at any time. (b) No part of the voting system shall electronically receive or transmit election data through an exterior communication network, including the public telephone system, if the communication originates from or terminates at a polling place, satellite location, or counting center. (c) (1) No part of the voting system shall receive or transmit wireless communications or wireless data transfers. (2) A network connection to any device not directly used and necessary for voting system functions shall not be established. Communication by or with any component of the voting system by wireless or modem transmission at any time is prohibited. A component of the voting system, or any device with network connectivity to the voting system, shall not be connected to the internet, directly or indirectly, at any time. (d) (1) The voting system shall be used in a configuration of parallel central election management systems separated by an air-gap. (2) For purposes of this subdivision, “air-gap” includes all of the following: (A) A permanent central system known to be running unaltered, certified software and firmware that is used solely to define elections and program voting equipment and memory cards. (B) A physically isolated duplicate system, reformatted after every election to guard against the possibility of infection, that is used solely to read memory cards containing vote results, accumulate and tabulate those results, and produce reports. (C) A separate computer dedicated solely to this purpose that is used to reformat all memory devices before they are connected to the permanent system again. (Amended by Stats. 2024, Ch. 605, Sec. 13. (SB 1328) Effective September 25, 2024.)
  109. 19206.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    When more than one voting system is used to count ballots, candidate names should be placed on the primary voting system if possible; and a single ballot measure or candidates for one office may not be split across voting systems or between a voting system and paper ballots, except as authorized by Section 19209.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19206. Except as authorized by Section 19209, both of the following apply: (a) If more than one voting system is used to count ballots, the names of candidates shall, insofar as possible, be placed on the primary voting system. (b) If more than one voting system or a combination of a voting system and paper ballots is used to count ballots, a single ballot measure or the candidates for a single office may not be split between voting systems or between a voting system and paper ballots. (Repealed and added by Stats. 2013, Ch. 602, Sec. 19. (SB 360) Effective January 1, 2014.)
  110. 19207.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    The governing board may use voting systems at elections only if they have been certified or conditionally approved by the Secretary of State, or are specifically authorized by law under Section 19209.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19207. The governing board may adopt for use at elections any kind of voting system, any combination of voting systems, or any combination of a voting system and paper ballots, provided that the voting system or systems involved have been certified or conditionally approved by the Secretary of State or specifically authorized by law pursuant to Section 19209. (Added by renumbering Section 19210 by Stats. 2013, Ch. 602, Sec. 23. (SB 360) Effective January 1, 2014.)
  111. 19207.5.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    Election officials and governing bodies must use certified voting machines or systems, and if a jurisdiction ends an existing certified system contract, that termination stays provisional until transition and new-contract steps are completed.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19207.5. (a) An elections official or the governing body of any jurisdiction that administers elections shall use a voting machine, as defined in Section 361, or a voting system, as defined in Section 362, that has been certified pursuant to this division, to do all of the following: (1) Provide sufficient numbers of voting machines or voting systems for accessibility pursuant to Section 19242 and the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (2) Tabulate votes. (b) If a jurisdiction that administers elections terminates a contract for an existing certified voting system, that termination shall be provisional and shall not become final unless and until the jurisdiction that administers elections has satisfied all of the following: (1) The jurisdiction has a plan to transition to a new voting system that will ensure compliance with applicable state and federal laws. (2) The jurisdiction has finalized and signed a new contract for a certified voting system. (Added by Stats. 2023, Ch. 300, Sec. 4. (AB 969) Effective October 4, 2023.)
  112. 19208.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    The governing board may choose how to pay for voting system equipment, issue financing obligations, and use lease or lease-purchase agreements, but it may not issue or sell those obligations below par.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19208. The governing board may provide for the payment of the cost of the voting system equipment in any manner and by any method as it deems best for local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations that shall be a charge on the county or city. The bonds, certificates, or other obligations may be issued with or without interest, payable at any time as the authorities may determine, but shall not be issued or sold at less than par. The governing board may enter into lease agreements or lease-purchase agreements for the use of equipment. (Added by renumbering Section 19212 by Stats. 2013, Ch. 602, Sec. 25. (SB 360) Effective January 1, 2014.)
  113. 19209.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    This section defines key audit terms and allows a governing board to run a voting-system pilot program under specified conditions, with plan submission, audit, notification, and state approval requirements.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19209. (a) For purposes of this section, the following terms have the following meanings: (1) “Commercial off-the-shelf” means mass-produced, readily available hardware devices, including card readers, printers, or personal computers, and their firmware or software products, including operating systems, programming language compilers, or database management systems. (2) “Incorrect in part” means a full manual tally of the votes cast on the pilot system would reveal rates of error in the pilot system tally that, if extrapolated to the entire contest, would alter the electoral outcome. (3) “Partial risk-limiting audit” means a procedure that guarantees a large minimum chance of a full manual tally of the votes cast on the pilot system if the electoral outcome is incorrect in part. (4) “Risk-limiting audit” means a procedure that ensures a large, predetermined minimum chance of requiring a full manual tally whenever a full manual tally would show an electoral outcome that differs from the outcome reported by the voting system for the audited contest. (b) The governing board, without formally adopting a voting system, may provide for the experimental use of the voting system in a pilot program held in one or more precincts at a single election or, in the case of a special election, the special primary election and the special general election, if the voting system complies with either of the following: (1) The voting system is certified or conditionally approved prior to its experimental use. (2) The voting system meets all of the following requirements: (A) Uses only software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware. (B) Meets the requirements of subdivision (b) of Section 19101. (C) Meets the requirements of the regulations adopted by the Secretary of State pursuant to subdivision (g). (D) Implements risk-limiting audits. (c) A voting system that meets all of the requirements of paragraph (2) of subdivision (b) need not be certified or conditionally approved prior to its experimental use in a pilot program if the number of voting system units deployed in the pilot program is limited to the number necessary to test and demonstrate the capabilities of the voting system in a limited number of precincts or locations, including a prudent number of reserve units to ensure that sufficient working units will be available to conduct the pilot program. In no event shall the number of voting system units exceed 50 percent of the estimated number of units that would be required for full deployment of the voting system at every polling place and early voting site in a statewide election throughout the jurisdiction. Capabilities that may be taken into account in determining the number of voting system units reasonably necessary to test and demonstrate the capabilities of the voting system include, but are not limited to, all of the following: (1) The capability of the voting system to accommodate voting in all languages in which the jurisdiction is required to provide ballots under applicable state and federal laws. (2) The capability of the voting system to accommodate voting by persons with a broad range of physical and cognitive disabilities, as required by applicable state and federal laws. (3) The current and projected number of voting-eligible individuals in the jurisdiction. (4) The geography and distribution of the population in the jurisdiction. (d) No later than nine months before the election at which the pilot program of a voting system is proposed to be conducted, the governing board shall submit to the Secretary of State a plan for the pilot program. The Secretary of State shall approve or reject the plan no later than three months after receipt of the plan. (e) The votes cast on a voting system during a pilot program pursuant to subdivision (b) shall be subject to risk-limiting audits. (1) For each contest conducted entirely on the pilot voting system, the jurisdiction conducting the pilot program shall conduct a risk-limiting audit with at least a 90-percent chance of requiring a full manual tally of the contest whenever a full manual tally would show an outcome that differs from the outcome reported by the pilot voting system. (2) For each contest conducted partially on the pilot voting system, the jurisdiction conducting the pilot program shall conduct a partial risk-limiting audit of the portion of the contest in which the voters cast their votes on the pilot voting system, with at least a 90-percent chance of requiring a full manual tally of all votes cast using the pilot voting system whenever the outcome is incorrect in part. (3) (A) If a risk-limiting audit of a contest leads to a full manual tally of all of the ballots cast in the contest, then the contest outcome according to that manual tally shall become the official result. (B) If a partial risk-limiting audit of a contest leads to a full manual tally of the ballots cast using the pilot voting system, the vote counts according to that manual tally shall replace the vote counts reported by the pilot voting system for the purpose of determining the official contest results. (4) Risk-limiting audit procedures shall comply with all other requirements in regulations adopted by the Secretary of State pursuant to subdivision (g). (f) Upon completion of the pilot program, the governing board shall notify the Secretary of State in writing of any defect, fault, or failure of the hardware, software, or firmware of the voting system or a part of the voting system. (g) A voting system pilot program shall not be conducted in a legally binding election without the prior approval of the Secretary of State. The Secretary of State shall adopt and publish regulations governing voting system pilot programs. (Added by renumbering Section 19211 by Stats. 2013, Ch. 602, Sec. 24. (SB 360) Effective January 1, 2014.)
  114. 19210.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    Applicants for voting system certification must tell the Secretary of State about known defects, faults, or failures, and the Secretary of State must wait for a completed application, finish certification without undue delay, and publish a quarterly report.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19210. (a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a voting system or a part of a voting system may apply to the Secretary of State for certification that includes testing and examination of the applicant’s system by a state-approved testing agency or expert technicians and a report on the findings, which shall include the accuracy and efficiency of the voting system. As part of its application, the applicant shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted. The Secretary of State shall not begin his or her certification process until he or she receives a completed application. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the voting system or a part of the voting system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19213. The Secretary of State shall complete his or her certification process without undue delay. (b) The Secretary of State shall publish and make publicly available on his or her Internet Web site a quarterly report of regulatory activities related to voting systems. (c) As used in this article: (1) “Defect” means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law. (2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer’s product requirements for that software or firmware or applicable law. (3) “Fault” means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer’s program specification or applicable law. (Added by renumbering Section 19202 by Stats. 2013, Ch. 602, Sec. 14. (SB 360) Effective January 1, 2014.)
  115. 19211.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    Before deciding on voting system certification, the Secretary of State must hold a 30-day public review period and a public hearing, give notice, and issue the decision in writing.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19211. (a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a voting system or part of a voting system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give persons interested an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the voting system. (b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing. (c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a voting system or part of a voting system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection. (Added by renumbering Section 19204 by Stats. 2013, Ch. 602, Sec. 16. (SB 360) Effective January 1, 2014.)
  116. 19212.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    After certification or conditional approval, vendors or counties must deposit source code materials in escrow within 10 business days, and the Secretary of State may regulate and enforce these escrow rules.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19212. (a) (1) No later than 10 business days after the Secretary of State certifies or conditionally approves the use of a new or updated voting system, the vendor or county seeking certification or approval of the voting system shall cause an exact copy of the approved source code for each component of the voting system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be transferred directly from the voting system testing agency that evaluated the voting system and is approved by the Secretary of State, and deposited into an approved escrow facility. (2) No later than 10 business days after the Secretary of State certifies or conditionally approves a new or updated ballot marking system, the vendor or county seeking certification or approval of the ballot marking system shall cause an exact copy of the approved source code for each component of the ballot marking system, including complete build and configuration instructions and related documents for compiling the source code into object code, to be deposited into an approved escrow facility. (b) The Secretary of State shall adopt regulations relating to all of the following: (1) The definition of source code components of a voting system or ballot marking system, including source code for all firmware and software of the voting system or ballot marking system. Firmware and software shall include commercial off-the-shelf or other third-party firmware and software that is available and able to be disclosed by the vendor or county seeking certification or approval of a voting system or ballot marking system. (2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the voting system or ballot marking system source codes. (3) Procedures for submitting voting system or ballot marking system source codes. (4) Criteria for access to voting system or ballot marking system source codes. (5) Requirements for the applicant to include in the materials deposited in escrow build and configuration instructions and documents so that a neutral third party may create, from the source codes in escrow, executable object codes identical to the code installed on certified or conditionally approved voting systems or ballot marking systems. (c) The Secretary of State shall have reasonable access to the materials placed in escrow, under any of the following circumstances: (1) In the course of an investigation or prosecution regarding vote counting or ballot marking equipment or procedures. (2) Upon a finding by the Secretary of State that an escrow facility or escrow company is unable or unwilling to maintain materials in escrow in compliance with this section. (3) In order to fulfill the provisions of this chapter related to the examination and certification or conditional approval of voting systems or ballot marking systems. (4) In order to verify that the software on a voting system is identical to the certified or conditionally approved version. (5) For any other purpose deemed necessary to fulfill the provisions of this code or Section 12172.5 of the Government Code. (d) The Secretary of State may seek injunctive relief requiring the elections officials, approved escrow facility, or any vendor or manufacturer of a voting system or part of a voting system to comply with this section and related regulations. Venue for a proceeding under this section shall be exclusively in Sacramento County. (e) This section applies to all elections. (Amended by Stats. 2025, Ch. 238, Sec. 10. (SB 851) Effective October 1, 2025.)
  117. 19213.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

    Verify source ↗

    Within 60 days after examining a voting system, the Secretary of State must publicly release a report saying whether the system was certified, conditionally approved, or withheld, and the report must include identifying descriptions, drawings, and photographs.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19213. Within 60 days after the completion of the examination of a voting system, the Secretary of State shall make publicly available a report stating whether the voting system has been certified or conditionally approved, or whether certification has been withheld. The report shall also contain a written or printed description and drawings and photographs that clearly identify the machine or device and its mechanical operation. (Added by renumbering Section 19207 by Stats. 2013, Ch. 602, Sec. 20. (SB 360) Effective January 1, 2014.)
  118. 19214.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

    Verify source ↗

    The Secretary of State must publish the certification report and related documentation within 10 days, except confidential or proprietary parts, and must notify county officials that the report is available.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19214. Within 10 days after issuing and filing a certification decision and associated testing reports, the Secretary of State shall make available to the public a full and complete copy of the certification report and all associated documentation, except that portions of the report or documentation that contain information that the Secretary of State determines to be confidential or proprietary shall not be made publicly available. The Secretary of State shall also notify the board of supervisors and elections official of each county of the availability of the report and associated documentation. (Added by renumbering Section 19209 by Stats. 2013, Ch. 602, Sec. 22. (SB 360) Effective January 1, 2014.)
  119. 19215.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    A vendor, or the public owner of a system, must promptly notify the Secretary of State and local elections officials in writing about any hardware, software, or firmware defect, fault, or failure in a certified or conditionally approved voting system.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19215. If a voting system or a part of a voting system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of any voting system or part of any voting system created or manufactured by the vendor, or supplied by the vendor to any jurisdiction, within 30 calendar days after the vendor learns of the defect, fault, or failure. (Amended by Stats. 2025, Ch. 238, Sec. 11. (SB 851) Effective October 1, 2025.)
  120. 19216.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    A certified or conditionally approved voting system, or part of one, cannot be changed or modified until the Secretary of State is notified in writing and decides the change will not impair accuracy or efficiency enough to require reexamination and recertification or conditional approval.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19216. If a voting system or a part of a voting system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification, or conditional approval, pursuant to this article. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency. (Added by renumbering Section 19213 by Stats. 2013, Ch. 602, Sec. 27. (SB 360) Effective January 1, 2014.)
  121. 19217.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

    Verify source ↗

    The Secretary of State may seek injunctive and administrative relief when a voting system is compromised or has an undisclosed known defect.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19217. The Secretary of State may seek injunctive and administrative relief if a voting system or a part of a voting system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19210 or 19215. (Added by renumbering Section 19214 by Stats. 2013, Ch. 602, Sec. 28. (SB 360) Effective January 1, 2014.)
  122. 19218.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

    Verify source ↗

    The Secretary of State may seek court relief for certain voting system problems, but must hold a public hearing and give notice before doing so.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19218. (a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a voting system certified or conditionally approved in California: (1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each voting system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering voting systems security efforts. (2) Immediate commencement of proceedings to withdraw certification or conditional approval for the voting system in question. (3) Prohibiting the manufacturer or vendor of a voting system from doing elections-related business in the state for one, two, or three years. (4) Refund of all moneys paid by a local agency for a voting system or a part of a voting system that is compromised by an unauthorized change or modification, whether or not the voting system has been used in an election. (5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party. (b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a voting system or part of a voting system certified or conditionally approved in California: (A) Refund of all moneys paid by a local agency for a voting system or part of a voting system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the voting system has been used in an election. (B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of voting system units in which the defect, fault, or failure is found. (C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19215 until the required disclosure is filed with the Secretary of State. (2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund. (c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, a person that the Secretary of State believes will be interested in the hearing, and a person who requests, in writing, notice of the hearing. (d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection. (Added by renumbering Section 19214.5 by Stats. 2013, Ch. 602, Sec. 29. (SB 360) Effective January 1, 2014.)
  123. 19219.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. )

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    The Secretary of State may seek an injunction to force certain elections-system participants to comply with code, regulations, and voting-system specifications.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 1. Procedures for Certification of Voting Systems [19200 - 19219] ( Heading of Article 1 amended by Stats. 2013, Ch. 602, Sec. 10. ) ## 19219. (a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a voting machine, voting system, or vote tabulating device, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for voting machines, voting devices, vote tabulating devices, and any software used for each, including the programs and procedures for vote tabulating and testing. (b) Venue for a proceeding under this section shall be exclusively in Sacramento County. (Added by renumbering Section 19215 by Stats. 2013, Ch. 602, Sec. 30. (SB 360) Effective January 1, 2014.)
  124. 19220.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. )

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    A “state-approved testing agency” is a person or entity the Secretary of State authorizes to test and examine voting systems for certification or conditional approval.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. ) ## 19220. For purposes of this division, “state-approved testing agency” means a person or entity that is authorized by the Secretary of State to conduct the testing and examination of a voting system in connection with certification or conditional approval of the voting system pursuant to this division. (Added by Stats. 2013, Ch. 602, Sec. 35. (SB 360) Effective January 1, 2014.)
  125. 19221.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. )

    Verify source ↗

    The Secretary of State must publish approval requirements for voting system testing agencies and approve and publish a list of authorized agencies.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. ) ## 19221. The Secretary of State shall do all of the following: (a) Publish requirements for the approval of state-approved testing agencies that are authorized to conduct the testing and examination of voting systems. Until the requirements are published, federally accredited voting system laboratories shall be used to conduct testing and examination. (b) Approve and publish a list of authorized state-approved testing agencies. (Added by Stats. 2013, Ch. 602, Sec. 35. (SB 360) Effective January 1, 2014.)
  126. 19222.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. )

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    Anyone applying for certification of a voting system must cover all testing costs.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. ) ## 19222. The person, corporation, or public agency applying for certification of a voting system is responsible for all costs associated with the testing of the voting system. (Added by Stats. 2013, Ch. 602, Sec. 35. (SB 360) Effective January 1, 2014.)
  127. 19223.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. )

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    The Secretary of State must use a state-approved testing agency or expert technicians to examine and test voting systems, and must send a complete report of the findings to the Governor and the Attorney General.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 2. Voting System Testing Agencies [19220 - 19223] ( Article 2 added by Stats. 2013, Ch. 602, Sec. 35. ) ## 19223. The Secretary of State shall use a state-approved testing agency or expert technicians to examine and test voting systems or parts of voting systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General. (Added by renumbering Section 19203 by Stats. 2013, Ch. 602, Sec. 15. (SB 360) Effective January 1, 2014.)
  128. 19230.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. )

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    County and city election officials must inspect voting machines at least every two years and certify the results to the Secretary of State. Individuals may not let law enforcement access or interfere with certified voting technology unless authorized by a court order, though written agreements may allow logistical, transportation, or security support.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. ) ## 19230. (a) The elections official of any county, city, or city and county using a voting system shall inspect the machines or devices at least once every two years to determine their accuracy. Any county, city, or city and county using leased or rented equipment shall determine if the equipment has been inspected for accuracy within the last two years before using it for any election. The inspection shall be made in accordance with regulations adopted and promulgated by the Secretary of State. The elections official shall certify the results of the inspection to the Secretary of State. (b) An individual shall not allow an agent of a law enforcement agency to access, disrupt, modify, or take possession of certified voting technology or a portion thereof unless authorized by a court order. This subdivision shall not be construed to prohibit an individual, in accordance with a written agreement between the elections official conducting the election and a law enforcement agency pursuant to Section 18544 or Section 18545, to permit agents of that agency to provide logistical, transportation, or security support during the voting period, on election day, or during the canvass of the vote. For purposes of this subdivision, “certified voting technology” has the same meaning as defined in subdivision (b) of Section 17600. (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. (Amended by Stats. 2026, Ch. 10, Sec. 10. (SB 73) Effective May 27, 2026.)
  129. 19231.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. )

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    The Secretary of State may order voting equipment reexamined before the six-month pre-election window if a local inspection seems inadequate, and must share a complete findings report with specified officials and the manufacturer.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. ) ## 19231. (a) If the Secretary of State has reason to believe that a local inspection of equipment is not adequate, he or she may cause the equipment to be reexamined, at any time prior to six months before a statewide election, to ensure that the voting system or parts of the voting system perform to adopted standards and tabulate votes accurately. (b) For the purpose of reexamining voting equipment, the Secretary of State may use state-approved testing agencies or expert technicians at the cost of the elections official. (c) The Secretary of State shall furnish a complete report of the findings to the Governor, to the Attorney General, to each county elections official, to the chairpersons of the elections committees of the Assembly and Senate, and to the manufacturer of the equipment. (Added by renumbering Section 19221 by Stats. 2013, Ch. 602, Sec. 36. (SB 360) Effective January 1, 2014.)
  130. 19232.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. )

    Verify source ↗

    The Secretary of State must periodically review voting systems and may withdraw certification or conditional approval if a system is defective or unacceptable, usually after six months’ notice.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. ) ## 19232. The Secretary of State shall review voting systems periodically to determine if they are defective, obsolete, or otherwise unacceptable. The Secretary of State has the right to withdraw his or her certification or conditional approval previously granted under this chapter of any voting system or part of a voting system should it be defective or prove unacceptable after such review. Six months’ notice shall be given before withdrawing certification or conditional approval unless the Secretary of State for good cause shown makes a determination that a shorter notice period is necessary. Any withdrawal by the Secretary of State of his or her previous certification or conditional approval of a voting system or part of a voting system shall not be effective as to any election conducted within six months of that withdrawal. (Added by renumbering Section 19222 by Stats. 2013, Ch. 602, Sec. 37. (SB 360) Effective January 1, 2014.)
  131. 19233.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. )

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    The Secretary of State must conduct random audits of software on direct recording electronic voting systems and must make sure the audit process does not intentionally make the systems more vulnerable to unauthorized software changes.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 3. Inspection of Certified and Conditionally Approved Voting Systems [19230 - 19233] ( Heading of Article 3 renumbered from Article 2 by Stats. 2013, Ch. 602, Sec. 33. ) ## 19233. The Secretary of State shall conduct random audits of the software installed on direct recording electronic voting systems, as defined in Section 19271, to ensure that the installed software is identical to the software that has been approved for use on that voting system. The Secretary of State shall take steps to ensure that the process for conducting random audits does not intentionally cause a direct recording electronic voting system to become more vulnerable to any unauthorized changes to the software that has been approved for its use. (Added by renumbering Section 19223 by Stats. 2013, Ch. 602, Sec. 38. (SB 360) Effective January 1, 2014.)
  132. 19240.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

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    The Legislature states that California voting system standards and elections should comply with federal accessibility requirements for voting systems, including nonvisual access for blind and visually impaired individuals.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19240. It is the intent of the Legislature that California voting system standards and elections comply with the provisions of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) that require voting systems be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as provided to other voters who are not disabled. (Amended by Stats. 2015, Ch. 732, Sec. 34. (AB 1536) Effective January 1, 2016.)
  133. 19241.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

    Verify source ↗

    This section defines “Access” and “Nonvisual” for this article.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19241. As used in this article: (a) “Access” means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. (b) “Nonvisual” means synthesized speech, braille, and other output methods that do not require sight. (Added by renumbering Section 19226 by Stats. 2013, Ch. 602, Sec. 41. (SB 360) Effective January 1, 2014.)
  134. 19242.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

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    The Secretary of State must adopt and publish rules for voting technology and systems that give voters with disabilities the access required by federal law. Each polling place must have at least one certified or conditionally approved voting unit providing that access, subject to a limited funding-based exception for some local elections.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19242. (a) The Secretary of State shall adopt and publish rules and regulations governing any voting technology and systems used by the state or any political subdivision that provide voters with disabilities the access required under the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (b) At each polling place, at least one voting unit certified or conditionally approved by the Secretary of State shall provide voters with disabilities the access required under the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (c) A local agency is not required to comply with subdivision (b) in an election in which a candidate for federal office does not appear on the ballot unless sufficient funds are available to implement that provision. Funds received from the proceeds of the Voting Modernization Bond Act of 2002 (Article 5 (commencing with Section 19250)), from federal funds made available to purchase new voting systems, or from any other source except the General Fund, shall be used for that purpose. (Amended by Stats. 2015, Ch. 732, Sec. 35. (AB 1536) Effective January 1, 2016.)
  135. 19243.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

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    When requiring access for voters with disabilities under this article, the Secretary of State must obtain recommendations from blind consumer organizations, accessible software and hardware experts, and others the Secretary considers appropriate.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19243. In requiring access for voters with disabilities pursuant to this article, the Secretary of State shall obtain recommendations from representatives of blind consumer organizations, experts in accessible software and hardware design, and any other individual or organization the Secretary of State determines to be appropriate. (Added by renumbering Section 19227.5 by Stats. 2013, Ch. 602, Sec. 43. (SB 360) Effective January 1, 2014.)
  136. 19244.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

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    Voting technology and systems bought before the article’s effective date must comply when an upgrade or replacement is procured.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19244. Compliance with this article in regard to voting technology and systems purchased prior to the effective date of this article shall be achieved at the time of procurement of an upgrade or replacement of existing voting equipment or systems. (Added by renumbering Section 19228 by Stats. 2013, Ch. 602, Sec. 44. (SB 360) Effective January 1, 2014.)
  137. 19245.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

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    An injured person may sue for injunctive relief to enforce this article, and that action must be started within four years after the claim accrues.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19245. (a) A person injured by a violation of this article may maintain an action for injunctive relief to enforce this article. (b) An action for injunctive relief shall be commenced within four years after the cause of action accrues. (c) For purposes of this section, a cause of action for a continuing violation accrues at the time of the latest violation. (Added by renumbering Section 19229 by Stats. 2013, Ch. 602, Sec. 45. (SB 360) Effective January 1, 2014.)
  138. 19246.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. )

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    This article does not apply to voting by vote by mail ballot.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 4. Accessible Voting Systems [19240 - 19246] ( Heading of Article 4 renumbered from Article 2.5 by Stats. 2013, Ch. 602, Sec. 39. ) ## 19246. This article does not apply to voting by vote by mail ballot. (Added by renumbering Section 19229.5 by Stats. 2013, Ch. 602, Sec. 46. (SB 360) Effective January 1, 2014.)
  139. 19250.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    This section says the article is called the Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act).

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19250. This article shall be known and may be cited as the Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act). (Added by renumbering Section 19230 by Stats. 2013, Ch. 602, Sec. 48. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  140. 19251.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    This section adopts the State General Obligation Bond Law for bonds authorized by this article, except as otherwise provided here.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19251. The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except as otherwise provided herein, is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this article, and the provisions of that law are included in this article as though set out in full. (Added by renumbering Section 19231 by Stats. 2013, Ch. 602, Sec. 49. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  141. 19252.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    This section defines key terms used in the article, including Board, Bond, Bond act, Committee, Fund, and Voting system.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19252. As used in this article: (a) “Board” means the Voting Modernization Board, established pursuant to Section 19256. (b) “Bond” means a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. (c) “Bond act” means this article authorizing the issuance of state general obligation bonds and adopting the State General Obligation Bond Law by reference. (d) “Committee” means the Voting Modernization Finance Committee, established pursuant to Section 19253. (e) “Fund” means the Voting Modernization Fund, created pursuant to subdivision (b) of Section 19254. (f) “Voting system” means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots. (Added by renumbering Section 19232 by Stats. 2013, Ch. 602, Sec. 50. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  142. 19253.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    This section creates the Voting Modernization Finance Committee and gives it authority over issuing and selling the bonds covered by this article.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19253. (a) The Voting Modernization Finance Committee is hereby established for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this article. (b) The committee consists of the Controller, the Director of Finance, and the Treasurer, or their designated representatives, all of whom shall serve without compensation, and a majority of whom shall constitute a quorum. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (c) For purposes of this article, the Voting Modernization Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. (Added by renumbering Section 19233 by Stats. 2013, Ch. 602, Sec. 51. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  143. 19254.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    This section lets the committee create up to $200 million in state debt to fund county voting-system upgrades and sets rules for how bond money may be used.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19254. (a) The committee may create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount of not more than two hundred million dollars ($200,000,000), exclusive of refunding bonds, in the manner provided herein for the purpose of creating a fund to assist counties in the purchase of updated voting systems. (b) The proceeds of bonds issued and sold pursuant to this article shall be deposited in the Voting Modernization Fund, which is hereby established. (c) A county is eligible to apply to the board for fund money if it meets all of the following requirements: (1) The county has purchased a new voting system after January 1, 1999, and is continuing to make payments on that system on the date that this article becomes effective. (2) The county matches fund moneys at a ratio of one dollar ($1) of county moneys for every three dollars ($3) of fund moneys. (3) The county has not previously requested fund money for the purchase of a new voting system. Applications for expansion of an existing system or components related to a previously certified or conditionally approved application shall be accepted. (d) (1) Fund moneys shall only be used to purchase systems certified or conditionally approved by the Secretary of State. (2) A county may use fund moneys to contract and pay for the following: (A) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State and uses only nonproprietary software and firmware with disclosed source code, except for unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209. (B) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes: (i) To test and seek certification or conditional approval for the voting system pursuant to Sections 19210 to 19214, inclusive. (ii) To test and demonstrate the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) of, and subdivision (c) of, Section 19209. (3) Fund moneys shall not be used to purchase a voting system that uses prescored punch card ballots. (e) Any voting system purchased using bond funds that does not require a voter to directly mark on the ballot must produce, at the time the voter votes his or her ballot or at the time the polls are closed, a paper version or representation of the voted ballot or of all the ballots cast on a unit of the voting system. The paper version shall not be provided to the voter but shall be retained by elections officials for use during the 1 percent manual recount or other recount, audit, or contest. (Added by renumbering Section 19234 by Stats. 2013, Ch. 602, Sec. 52. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  144. 19255.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    The Legislature may amend specified sections only by statute passed in each house by rollcall vote, with two-thirds concurrence in each house, and only if the statute is consistent with and furthers this article’s purposes.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19255. The Legislature may amend subdivisions (c) and (d) of Section 19254 and Section 19256 by a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this article. (Added by renumbering Section 19234.5 by Stats. 2013, Ch. 602, Sec. 53. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  145. 19256.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    The Voting Modernization Board is established and may review fund applications, including rejecting applications it finds inappropriate, excessive, or inconsistent with the article.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19256. The Voting Modernization Board is hereby established and designated the “board” for purposes of the State General Obligation Bond Law, and for purposes of administering the Voting Modernization Fund. The board consists of five members, three selected by the Governor and two selected by the Secretary of State. The board shall have the authority to reject any application for fund money it deems inappropriate, excessive, or that does not comply with the intent of this article. A county whose application is rejected shall be allowed to submit an amended application. (Added by renumbering Section 19235 by Stats. 2013, Ch. 602, Sec. 54. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  146. 19257.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

    Verify source ↗

    Bond proceeds and related state revenues must be used to pay bond principal and interest, and the bonds must be repaid within 10 years of issuance.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19257. (a) All bonds authorized by this article, when duly sold and delivered as provided herein, constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal and interest thereof. The bonds issued pursuant to this article shall be repaid within 10 years from the date they are issued. (b) There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money, in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds as provided herein. All officers required by law to perform any duty in regard to the collection of state revenues shall collect this additional sum. (c) On the dates on which funds are remitted pursuant to Section 16676 of the Government Code for the payment of the then maturing principal of, and interest on, the bonds in each fiscal year, there shall be returned to the General Fund all of the money in the fund, not in excess of the principal of, and interest on, any bonds then due and payable. If the money so returned on the remittance dates is less than the principal and interest then due and payable, the balance remaining unpaid shall be returned to the General Fund out of the fund as soon as it shall become available, together with interest thereon from the dates of maturity until returned, at the same rate of interest as borne by the bonds, compounded semiannually. This subdivision does not grant any lien on the fund or the moneys therein to holders of any bonds issued under this article. However, this subdivision shall not apply in the case of any debt service that is payable from the proceeds of any refunding bonds. For purposes of this subdivision, “debt service” means the principal (whether due at maturity, by redemption, or acceleration), premium, if any, or interest payable on any date to any series of bonds. (Added by renumbering Section 19236 by Stats. 2013, Ch. 602, Sec. 55. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  147. 19258.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

    Verify source ↗

    A sum from the General Fund is continuously appropriated for this article, including bond principal and interest payments and amounts needed to carry out Section 19259.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19258. Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund, for purposes of this article, a sum of money that will equal both of the following: (a) That sum annually necessary to pay the principal of, and the interest on, the bonds issued and sold as provided herein, as that principal and interest become due and payable. (b) That sum necessary to carry out Section 19259, appropriated without regard to fiscal years. (Added by renumbering Section 19237 by Stats. 2013, Ch. 602, Sec. 56. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  148. 19259.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    The Director of Finance may authorize a withdrawal from the General Fund, but only up to the amount of unsold bonds approved for sale under this article.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19259. For purposes of this article, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of a sum of money not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold pursuant to this article. Any sums withdrawn shall be deposited in the fund. All moneys made available under this section to the board shall be returned by the board to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from the sale of bonds for the purpose of carrying out this article. (Added by renumbering Section 19238 by Stats. 2013, Ch. 602, Sec. 57. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  149. 19260.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    The board may request a loan from the Pooled Money Investment Board for this article, but the request cannot exceed the amount of unsold bonds authorized for sale. If a loan is obtained, the board must sign the documents needed to obtain and repay it, and the loaned money must be deposited into the fund for allocation under this article.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19260. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this article. The amount of the request shall not exceed the amount of unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this article. The board shall execute whatever documents are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this article. (Added by renumbering Section 19239 by Stats. 2013, Ch. 602, Sec. 58. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  150. 19261.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    On request from the board, the committee must decide whether to issue authorized bonds and how much to issue and sell.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19261. Upon request of the board, supported by a statement of its plans and projects approved by the Governor, the committee shall determine whether to issue any bonds authorized under this article in order to carry out the board’s plans and projects and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out these plans and projects progressively, and it is not necessary that all of the bonds be issued or sold at any one time. (Added by renumbering Section 19240 by Stats. 2013, Ch. 602, Sec. 59. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  151. 19262.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

    Verify source ↗

    The committee may authorize the Treasurer to sell the bonds, including below par value in some cases.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19262. (a) The committee may authorize the Treasurer to sell all or any part of the bonds authorized by this article at the time or times established by the Treasurer. (b) Whenever the committee deems it necessary for an effective sale of the bonds, the committee may authorize the Treasurer to sell any issue of bonds at less than their par value, notwithstanding Section 16754 of the Government Code. However, the discount on the bonds shall not exceed 3 percent of the par value thereof. (Added by renumbering Section 19241 by Stats. 2013, Ch. 602, Sec. 60. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  152. 19263.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    Money from the first bond-sale proceeds must be redeposited in the General Obligation Bond Expense Revolving Fund to cover specified expenditures, and it may be used and repaid again for the same purpose when more bonds are sold.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19263. Out of the first money realized from the sale of bonds as provided by this article, there shall be redeposited in the General Obligation Bond Expense Revolving Fund, established by Section 16724.5 of the Government Code, the amount of all expenditures made for purposes specified in that section, and this money may be used for the same purpose and repaid in the same manner whenever additional bond sales are made. (Added by renumbering Section 19242 by Stats. 2013, Ch. 602, Sec. 61. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  153. 19264.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    Bonds issued and sold under this article may be refunded under a cited Government Code article, and voter approval for issuing bonds also covers refunding bonds.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19264. Any bonds issued and sold pursuant to this article may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. The approval of the voters for the issuance of bonds under this article includes approval for the issuance of bonds issued to refund bonds originally issued or any previously issued refunding bonds. (Added by renumbering Section 19243 by Stats. 2013, Ch. 602, Sec. 62. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  154. 19265.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

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    If certain bonds are sold with a bond counsel tax opinion, the Treasurer may set up separate accounts and use bond proceeds or earnings for federal-law-required payments or other federal-law actions to preserve tax-exempt status or gain other federal tax advantages.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19265. Notwithstanding any provision of the bond act, if the Treasurer sells bonds under this article for which bond counsel has issued an opinion to the effect that the interest on the bonds is excludable from gross income for purposes of federal income tax, subject to any conditions which may be designated, the Treasurer may establish separate accounts for the investment of bond proceeds and for the earnings on those proceeds, and may use those proceeds or earnings to pay any rebate, penalty, or other payment required by federal law or take any other action with respect to the investment and use of bond proceeds required or permitted under federal law necessary to maintain the tax-exempt status of the bonds or to obtain any other advantage under federal law on behalf of the funds of this state. (Added by renumbering Section 19244 by Stats. 2013, Ch. 602, Sec. 63. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  155. 19266.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. )

    Verify source ↗

    The Legislature states that bond-sale proceeds under this article are not treated as tax proceeds, so Article XIII B limits do not apply to their disbursement.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 5. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) [19250 - 19266] ( Heading of Article 5 renumbered from Article 3 by Stats. 2013, Ch. 602, Sec. 47. ) ## 19266. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by Article XIII B. (Added by renumbering Section 19245 by Stats. 2013, Ch. 602, Sec. 64. (SB 360) Effective January 1, 2014. Note: This section (as originally numbered) was added by Stats. 2001, Ch. 902, and approved in Prop. 41 on March 5, 2002.)
  156. 19270.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. )

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    This section limits certification, approval, purchase, and use of direct recording electronic voting systems unless they include an accessible voter verified paper audit trail and other required features.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. ) ## 19270. (a) The Secretary of State shall not certify or conditionally approve a direct recording electronic voting system unless the system includes an accessible voter verified paper audit trail. (b) On and after January 1, 2006, a city or county shall not contract for or purchase a direct recording electronic voting system unless the system has been certified or conditionally approved for use by the Secretary of State. (c) As of January 1, 2006, all direct recording electronic voting systems in use on that date, regardless of the date it was contracted for or purchased, shall have received federal qualification and include an accessible voter verified paper audit trail. If the direct recording electronic voting system does not include an accessible voter verified paper audit trail, the system shall be replaced or modified to include an accessible voter verified paper audit trail. (d) All direct recording electronic voting systems shall include a method by which a voter may electronically verify, through a nonvisual method, the information that is contained on the paper record copy of that voter’s ballot. (e) A paper record copy that is printed by a voter verified paper audit trail component shall be printed in the same language that the voter used when casting his or her ballot on the direct recording electronic voting system. For languages that lack a written form, the paper record copy shall be printed in English. (Added by renumbering Section 19250 by Stats. 2013, Ch. 602, Sec. 66. (SB 360) Effective January 1, 2014.)
  157. 19271.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. )

    Verify source ↗

    This section defines several voting-system terms used in the article.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. ) ## 19271. As used in this article: (a) “Accessible” means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. (b) “Direct recording electronic voting system” means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. (c) “Voter verified paper audit trail” means a paper cast vote record containing a copy of each of the voter’s selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. (d) “Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests. A paper cast vote record is not a ballot. (e) “Parallel monitoring” means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. (Amended by Stats. 2016, Ch. 75, Sec. 5. (AB 2252) Effective January 1, 2017.)
  158. 19272.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. )

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    Funds available for this article must be used for its purposes, and General Fund money may not be spent for those purposes.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. ) ## 19272. To the extent that they are available for expenditure for the purposes of this article, federal funds or moneys from the Voting Modernization Fund, created pursuant to subdivision (b) of Section 19254, shall be used. No moneys from the General Fund shall be expended for the purposes of this article. (Added by renumbering Section 19252 by Stats. 2013, Ch. 602, Sec. 68. (SB 360) Effective January 1, 2014.)
  159. 19273.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. )

    Verify source ↗

    For direct recording electronic voting systems, the electronic vote record is the official vote record unless subdivision (b) applies.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. ) ## 19273. (a) On a direct recording electronic voting system, the electronic record of each vote shall be considered the official record of the vote, except as provided in subdivision (b). (b) (1) The voter verified paper audit trail shall be considered the official paper audit record and shall be used for the required 1-percent manual tally described in Section 15360 and any full recount or post-election audit. (2) The voter verified paper audit trail shall govern if there is any difference between it and the electronic record during a 1-percent manual tally, full recount, or post-election audit. (Added by renumbering Section 19253 by Stats. 2013, Ch. 602, Sec. 69. (SB 360) Effective January 1, 2014.)
  160. 19274.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. )

    Verify source ↗

    The Secretary of State may not certify or conditionally approve a direct recording electronic voting system unless the paper for the voter verified paper audit trail is good enough to stay intact and readable for the required retention period.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. ) ## 19274. The Secretary of State shall not certify or conditionally approve a direct recording electronic voting system unless the paper used for its voter verified paper audit trail is of sufficient quality that it maintains its integrity and readability throughout the retention period specified in Chapter 4 (commencing with Section 17300) of Division 17. (Added by renumbering Section 19254 by Stats. 2013, Ch. 602, Sec. 70. (SB 360) Effective January 1, 2014.)
  161. 19275.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. )

    Verify source ↗

    For each statewide election, the Secretary of State must conduct parallel monitoring of each direct recording electronic voting system used for ballots, but only in precincts with more than one such system.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3. Certification of Voting Systems [19200 - 19275] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 602, Sec. 9. ) ## ARTICLE 6. Direct Recording Electronic Voting Systems [19270 - 19275] ( Heading of Article 6 renumbered from Article 4 by Stats. 2013, Ch. 602, Sec. 65. ) ## 19275. (a) For each statewide election, the Secretary of State shall conduct parallel monitoring of each direct recording electronic voting system on which ballots will be cast. This section shall only apply to precincts that have more than one direct recording electronic voting system. (b) The results of the parallel monitoring shall be made available prior to the certification of the election. (Added by renumbering Section 19255 by Stats. 2013, Ch. 602, Sec. 71. (SB 360) Effective January 1, 2014.)
  162. 19280.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State may not certify or conditionally approve a remote accessible vote by mail system unless it meets the code requirements and the Secretary of State’s regulations.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19280. The Secretary of State shall not certify or conditionally approve a remote accessible vote by mail system, or part of a remote accessible vote by mail system, unless it fulfills the requirements of this code and the regulations of the Secretary of State. (Amended by Stats. 2016, Ch. 75, Sec. 7. (AB 2252) Effective January 1, 2017.)
  163. 19281.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    A remote accessible vote by mail system may not be used unless the Secretary of State has certified or conditionally approved it before first use in an election.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19281. (a) A remote accessible vote by mail system, in whole or in part, shall not be used unless it has been certified or conditionally approved by the Secretary of State before the election at which it is to be first used. The Secretary of State may impose additional conditions of approval as deemed necessary for the certification of the remote accessible vote by mail system. (b) All other uses of a remote accessible vote by mail system shall be subject to the provisions of Section 19202. (Amended by Stats. 2024, Ch. 605, Sec. 14. (SB 1328) Effective September 25, 2024.)
  164. 19283.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State must adopt and publish standards and regulations for remote accessible vote by mail systems.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19283. (a) The Secretary of State shall adopt and publish standards and regulations governing the use of remote accessible vote by mail systems. (b) Remote accessible vote by mail system standards adopted by the Secretary of State pursuant to subdivision (a) shall include, but not be limited to, all of the following requirements: (1) The machine or device and its software shall be suitable for the purpose for which it is intended. (2) The remote accessible vote by mail system shall preserve the secrecy of the ballot. (3) The remote accessible vote by mail system shall be safe from fraud or manipulation. (4) The remote accessible vote by mail system shall be accessible to voters with disabilities and to voters who require assistance in a language other than English if the language is one in which a ballot or ballot materials are required to be made available to voters. (Amended by Stats. 2016, Ch. 75, Sec. 10. (AB 2252) Effective January 1, 2017.)
  165. 19284.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    Certain applicants may seek certification or conditional approval of a remote accessible vote by mail system, but they must disclose known defects and later-discovered defects to the Secretary of State in writing.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19284. (a) A person, corporation, or public agency owning or having an interest in the sale or acquisition of a remote accessible vote by mail system or a part of a remote accessible vote by mail system may apply to the Secretary of State for certification or conditional approval that includes testing and examination of the applicant’s system and a report on the findings, which shall include the accuracy and efficiency of the remote accessible vote by mail system. As part of its application, the applicant of a remote accessible vote by mail system or a part of a remote accessible vote by mail system shall notify the Secretary of State in writing of any known defect, fault, or failure of the version of the hardware, software, or firmware of the remote accessible vote by mail system or a part of the remote accessible vote by mail system submitted. The Secretary of State shall not begin their certification process until they receive a completed application from the applicant of the remote accessible vote by mail system or a part of the remote accessible vote by mail system. The applicant shall also notify the Secretary of State in writing of any defect, fault, or failure of the version of the hardware, software, or firmware of the ballot marking system or a part of the ballot marking system submitted that is discovered after the application is submitted and before the Secretary of State submits the report required by Section 19288. The Secretary of State shall complete their examination without undue delay. (b) As used in this chapter: (1) “Defect” means any flaw in the hardware or documentation of a remote accessible vote by mail system that could result in a state of unfitness for use or nonconformance to the manufacturer’s specifications or applicable law. (2) “Failure” means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer’s product requirements for that software or firmware or applicable law. (3) “Fault” means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer’s program specification or applicable law. (Amended by Stats. 2025, Ch. 238, Sec. 12. (SB 851) Effective October 1, 2025.)
  166. 19285.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State must use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in the state, and must send a complete report of the findings to the Governor and Attorney General.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19285. The Secretary of State shall use a state-approved testing agency or expert technicians to examine remote accessible vote by mail systems proposed for use or sale in this state. He or she shall furnish a complete report of the findings of the examination and testing to the Governor and the Attorney General. (Amended by Stats. 2016, Ch. 75, Sec. 12. (AB 2252) Effective January 1, 2017.)
  167. 19286.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    An applicant for certification of a remote accessible vote by mail system must pay all costs for testing and examination.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19286. The person, corporation, or public agency applying for certification of a remote accessible vote by mail system is responsible for all costs associated with the testing and examination of the remote accessible vote by mail system. (Amended by Stats. 2016, Ch. 75, Sec. 13. (AB 2252) Effective January 1, 2017.)
  168. 19287.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    Before deciding whether to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State must provide a 30-day public review period and hold a public hearing.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19287. (a) Prior to publishing his or her decision to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system, the Secretary of State shall provide for a 30-day public review period and conduct a public hearing to give interested persons an opportunity to review testing and examination reports and express their views for or against certification or conditional approval of the remote accessible vote by mail system. (b) The Secretary of State shall give notice of the public review period and hearing in the manner prescribed in Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State shall also provide notice of the hearing on his or her Internet Web site. The Secretary of State shall transmit written notice of the hearing, at least 14 days prior to the public review period and hearing, to each county elections official, to any person that the Secretary of State believes will be interested in the public review period and hearing, and to any person who requests, in writing, notice of the public review period and hearing. (c) The decision of the Secretary of State to certify, conditionally approve, or withhold certification of a remote accessible vote by mail system shall be in writing and shall state the findings of the Secretary of State. The decision shall be open to public inspection. (Amended by Stats. 2016, Ch. 75, Sec. 14. (AB 2252) Effective January 1, 2017.)
  169. 19288.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    Within 60 days after an examination is completed, the Secretary of State must publicly release a report about whether the remote accessible vote by mail system was certified, conditionally approved, or withheld.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19288. Within 60 days after the completion of the examination of a remote accessible vote by mail system, the Secretary of State shall make publicly available a report stating whether the remote accessible vote by mail system has been certified or conditionally approved, or whether certification has been withheld. (Amended by Stats. 2016, Ch. 75, Sec. 15. (AB 2252) Effective January 1, 2017.)
  170. 19289.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State must publish the certification report and related documentation within 10 days after issuing and filing a certification decision and testing reports, except confidential or proprietary portions.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19289. Within 10 days after issuing and filing a certification decision and associated testing reports, the Secretary of State shall make available to the public a full and complete copy of the certification report and all associated documentation, except that portions of the report or documentation that contain information that the Secretary of State determines to be confidential or proprietary shall not be made publicly available. The Secretary of State shall notify the board of supervisors and elections official of each county of the availability of the report and associated documentation. (Added by renumbering Section 19269 by Stats. 2013, Ch. 602, Sec. 82. (SB 360) Effective January 1, 2014.)
  171. 19290.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

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    If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor — or the jurisdiction if the system is publicly owned — must notify the Secretary of State and local elections officials in writing about any hardware, software, or firmware defect, fault, or failure within 30 calendar days after learning of it.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19290. If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, the vendor or, in cases where the system is publicly owned, the jurisdiction shall notify the Secretary of State and all local elections officials who use the system in writing of any defect, fault, or failure of the hardware, software, or firmware of any system or part of any system created or manufactured by the vendor, or supplied by the vendor to any jurisdiction, within 30 calendar days after the vendor or jurisdiction learns of the defect, fault, or failure. (Amended by Stats. 2025, Ch. 238, Sec. 13. (SB 851) Effective October 1, 2025.)
  172. 19291.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    A certified or conditionally approved remote accessible vote by mail system must not be changed or modified until the Secretary of State is notified in writing and decides the change will not impair accuracy and efficiency enough to require reexamination and recertification or reapproval.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19291. If a remote accessible vote by mail system has been certified or conditionally approved by the Secretary of State, it shall not be changed or modified until the Secretary of State has been notified in writing and has determined that the change or modification does not impair its accuracy and efficiency sufficient to require a reexamination and recertification or reapproval pursuant to this chapter. The Secretary of State may adopt rules and regulations governing the procedures to be followed in making his or her determination as to whether the change or modification impairs accuracy or efficiency. (Amended by Stats. 2016, Ch. 75, Sec. 17. (AB 2252) Effective January 1, 2017.)
  173. 19292.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State may seek injunctive and administrative relief when a remote accessible vote by mail system is compromised or has an undisclosed known defect.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19292. The Secretary of State may seek injunctive and administrative relief if a remote accessible vote by mail system has been compromised by the addition or deletion of hardware, software, or firmware without prior approval or is defective due to a known hardware, software, or firmware defect, fault, or failure that has not been disclosed pursuant to Section 19284 or 19290. (Amended by Stats. 2016, Ch. 75, Sec. 18. (AB 2252) Effective January 1, 2017.)
  174. 19293.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State may seek specified relief for unauthorized changes or undisclosed defects in certain California remote accessible vote-by-mail systems, but must first hold a public hearing and give written notice.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19293. (a) The Secretary of State may seek all of the following relief for an unauthorized change in hardware, software, or firmware in a remote accessible vote by mail system certified or conditionally approved in California: (1) A civil penalty from the offending party or parties, not to exceed ten thousand dollars ($10,000) per violation. For purposes of this subdivision, each remote accessible vote by mail system component found to contain the unauthorized hardware, software, or firmware shall be considered a separate violation. A penalty imposed pursuant to this subdivision shall be apportioned 50 percent to the county in which the violation occurred, if applicable, and 50 percent to the office of the Secretary of State for purposes of bolstering remote accessible vote by mail system security efforts. (2) Immediate commencement of proceedings to withdraw certification or conditional approval for the remote accessible vote by mail system in question. (3) Prohibiting the manufacturer or vendor of a remote accessible vote by mail system from doing elections-related business in the state for one, two, or three years. (4) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or a part of a remote accessible vote by mail system that is compromised by an unauthorized change or modification, whether or not the remote accessible vote by mail system has been used in an election. (5) Any other remedial actions authorized by law to prevent unjust enrichment of the offending party. (b) (1) The Secretary of State may seek all of the following relief for a known but undisclosed defect, fault, or failure in a remote accessible vote by mail system or part of a remote accessible vote by mail system certified or conditionally approved in California: (A) Refund of all moneys paid by a local agency for a remote accessible vote by mail system or part of a remote accessible vote by mail system that is defective due to a known but undisclosed defect, fault, or failure, whether or not the remote accessible vote by mail system has been used in an election. (B) A civil penalty from the offending party or parties, not to exceed fifty thousand dollars ($50,000) per violation. For purposes of this subdivision, each defect, fault, or failure shall be considered a separate violation. A defect, fault, or failure constitutes a single violation regardless of the number of remote accessible vote by mail system units in which the defect, fault, or failure is found. (C) In addition to any other penalties or remedies established by this section, the offending party or parties shall be liable in the amount of one thousand dollars ($1,000) per day after the applicable deadline established in Section 19290 until the required disclosure is filed with the Secretary of State. (2) A penalty imposed pursuant to subparagraph (B) or (C) of paragraph (1) shall be deposited in the General Fund. (c) Before seeking any measure of relief under this section, the Secretary of State shall hold a public hearing. The Secretary of State shall give notice of the hearing in the manner prescribed by Section 6064 of the Government Code in a newspaper of general circulation published in Sacramento County. The Secretary of State also shall transmit written notice of the hearing, at least 30 days prior to the hearing, to each county elections official, the offending party or parties, any persons that the Secretary of State believes will be interested in the hearing, and any persons who request, in writing, notice of the hearing. (d) The decision of the Secretary of State to seek relief under this section shall be in writing and state his or her findings. The decision shall be open to public inspection. (Amended by Stats. 2016, Ch. 75, Sec. 19. (AB 2252) Effective January 1, 2017.)
  175. 19294.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    The Secretary of State may seek injunctive relief to make certain elections officials, vendors, or manufacturers comply with the code, regulations, and system specifications.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19294. (a) The Secretary of State may seek injunctive relief requiring an elections official, or any vendor or manufacturer of a remote accessible vote by mail system, to comply with the requirements of this code, the regulations of the Secretary of State, and the specifications for the ballot marking system and its software, including the programs and procedures for vote marking and testing. (b) Venue for a proceeding under this section shall be exclusively in Sacramento County. (Amended by Stats. 2016, Ch. 75, Sec. 20. (AB 2252) Effective January 1, 2017.)
  176. 19295.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. )

    Verify source ↗

    A remote accessible vote by mail system must not use a remote server to mark voter selections, store voter-identifiable selections, or tabulate votes.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 3.5. Certification of Remote Accessible Vote By Mail Systems [19280 - 19295] ( Heading of Chapter 3.5 amended by Stats. 2016, Ch. 75, Sec. 6. ) ## 19295. A remote accessible vote by mail system or part of a remote accessible vote by mail system shall not do any of the following: (a) Have the capability, including an optional capability, to use a remote server to mark a voter’s selections transmitted to the server from the voter’s computer via the Internet. (b) Have the capability, including an optional capability, to store any voter identifiable selections on any remote server. (c) Have the capability, including the optional capability, to tabulate votes. (Amended by Stats. 2016, Ch. 75, Sec. 21. (AB 2252) Effective January 1, 2017.)
  177. 19300.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A voting machine must let voters cast party-line or mixed-party votes, except in a direct primary election or an election with a voter-nominated office candidate on the ballot.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19300. A voting machine shall, except at a direct primary election or any election at which a candidate for voter-nominated office is to appear on the ballot, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties. (Amended by Stats. 2009, Ch. 1, Sec. 61. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)
  178. 19301.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

    Verify source ↗

    A voting machine must show all candidates for an office together under the office name in a general election, and must use the Section 13105 format for voter-nominated offices.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19301. (a) A voting machine shall provide in the general election for grouping under the name of the office to be voted on, all the candidates for the office with the designation of the parties, if any, by which they were respectively nominated or which they designated pursuant to Section 8002.5. (b) With respect to a party-nominated office, the designation may be by usual or reasonable abbreviation of party names. With respect to a voter-nominated office, the voting machine shall conform to the format specified in subdivision (a) of Section 13105. (Amended by Stats. 2012, Ch. 3, Sec. 46. (AB 1413) Effective February 10, 2012.)
  179. 19302.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Labels on voting machines and the grouping of candidates’ names must match the ballot format used where voting machines are not used, as closely as possible.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19302. The labels on voting machines and the way in which candidates’ names are grouped shall conform as nearly as possible to the form of ballot provided for in elections where voting machines are not used. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  180. 19303.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Voting machines that allow mixed-party voting may also include party-specific devices and labels for presidential electors or delegates; straight party voting devices are not allowed except for those two uses.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19303. If the voting machine is so constructed that a voter can cast a vote in part for presidential electors of one party and in part for those of one or more other parties or those not nominated by any party, it may also be provided with: (a) one device for each party for voting for all the presidential electors of that party by one operation, (b) a ballot label therefor containing only the words “presidential electors” preceded by the name of the party and followed by the names of its candidates for the offices of President and Vice President, and (c) a registering device therefor which shall register the vote cast for the electors when thus voted collectively. If a voting machine is so constructed that a voter can cast a vote in part for delegates to a national party convention of one party and in part for those of one or more other parties or those not nominated by any party, it may be provided with one device for each party for voting by one operation for each group of candidates to national conventions that may be voted for as a group according to the law governing presidential primaries. No straight party voting device shall be used except for delegates to a national convention or for presidential electors. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  181. 19304.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A write-in ballot must be cast in the proper place on the machine, or it will be void and not counted.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [19300 - 19304] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19304. A write-in ballot shall be cast in its appropriate place on the machine, or it shall be void and not counted. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  182. 19320.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Before a voting machine is prepared for a general election, the elections official must send notice to party leaders. Party representatives must be sworn, may inspect the machines, and must not interfere with officials or take over their duties.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19320. Before preparing a voting machine for any general election, the elections official shall mail written notice to the chairperson of the county central committee of at least two of the principal political parties, stating the time and place where machines will be prepared. At the specified time one representative of each of the political parties shall be afforded an opportunity to see that the machines are in proper condition for use in the election. The party representatives shall be sworn to perform faithfully their duties but shall not interfere with the officials or assume any of their duties. When a machine has been so examined by the representatives, it shall be sealed with a numbered metal seal. The representatives shall certify to the number of the machines, whether all of the counters are set at zero (000), and the number registered on the protective counter and on the seal. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  183. 19321.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The elections official must affix ballot labels to voting machines to match the county voter information guide and hire competent assistants to help prepare the machines.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19321. The elections official shall affix ballot labels to the machines to correspond with the county voter information guide for the election. He or she shall employ competent persons to assist him or her in affixing the labels and in putting the machines in order. Each machine shall be tested to ascertain if it is operating properly. (Amended by Stats. 2016, Ch. 422, Sec. 82. (AB 2911) Effective January 1, 2017.)
  184. 19322.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    After voting machines are prepared for an election, they must be locked and sealed, then inspected and reported on by an authorized person who was not the preparer.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19322. When a voting machine has been properly prepared for an election, it shall be locked against voting and sealed. After that initial preparation, a member of the precinct board or some duly authorized person, other than the one preparing the machines, shall inspect each machine and submit a written report. The report shall note the following: (1) Whether all of the registering counters are set at zero (000), (2) whether the machine is arranged in all respects in good order for the election, (3) whether the machine is locked, (4) the number on the protective counter, (5) the number on the seal. The keys shall be delivered to the election board together with a copy of the written report, made on the proper blanks, stating that the machine is in every way properly prepared for the election. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  185. 19323.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The elections official must deliver required election supplies to the polling place.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Pre-election Procedures [19320 - 19323] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19323. The elections official shall deliver to the polling place the supplies necessary to conduct the election, including two county voter information guides, one envelope containing the seal for sealing the machine after the polls are closed, one envelope for the return of the keys, and as many copies of the statement of votes cast as are necessary. (Amended by Stats. 2016, Ch. 422, Sec. 83. (AB 2911) Effective January 1, 2017.)
  186. 19340.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Precincts and Board Members [19340 - 19341] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A precinct board member who has not already attended training must attend a training class on voting machines and board-member duties, unless the person was appointed to fill an emergency vacancy.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Precincts and Board Members [19340 - 19341] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19340. Any member of a precinct board who has not previously attended a training class in the use of the voting machines and the duties of a board member shall be required to do so, unless appointed to fill an emergency vacancy. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  187. 19341.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Precincts and Board Members [19340 - 19341] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Each precinct board must have one inspector and two judges, and one extra inspector or judge must be appointed for each additional voting machine in the polling place.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Precincts and Board Members [19340 - 19341] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19341. The precinct board shall consist of one inspector and two judges who shall be appointed and compensated pursuant to the general election laws. One additional inspector or judge shall be appointed for each additional voting machine used in the polling place. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  188. 19360.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Procedures at the Polls [19360 - 19362] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The precinct board must check that machine seals and counters match, verify counters are at zero before use, handle discrepancies in writing, and subtract any counter number when preparing the vote return.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Procedures at the Polls [19360 - 19362] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19360. Before unsealing the envelope containing the keys and opening the doors concealing the counters the precinct board shall determine that the number on the seal on the machine and the number registered on the protective counter correspond to the numbers on the envelope. Each member of the precinct board shall then carefully examine the counters to see that each registers zero (000). If the machine is provided with embossing, printing, or photography devices that record the readings of the counters the board shall, instead of opening the counter compartment, cause a “before election proofsheet” to be produced and determined by it that all counters register zero (000). If any discrepancy is found in the numbers registered on the counters or the “before election proofsheet” the precinct board shall make, sign, and post a written statement attesting to this fact. In filling out the statement of return of votes cast, the precinct board shall subtract any number shown on the counter from the number shown on the counter at the close of the polls. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  189. 19361.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Procedures at the Polls [19360 - 19362] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A precinct board member who receives voting-machine keys must sign a receipt.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Procedures at the Polls [19360 - 19362] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19361. The keys to the voting machines shall be delivered to the precinct board no later than 12 hours before the opening of the polls. They shall be in an envelope upon which is written the designation and location of the election precinct, the number of the voting machine, the number on the seal, and the number registered on the protective counter. The precinct board member receiving the key shall sign a receipt. The envelope shall not be opened until at least two members of the precinct board are present to determine that the envelope has not been opened. At the close of the polls the keys shall be placed in the envelope supplied by the official and the number of the machine, the number of the seal, the number registered on the protective counter, shall be written on the envelope. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  190. 19362.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Procedures at the Polls [19360 - 19362] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Voting machines and the polling place must be kept visible to the election precinct board and poll watchers, ballot labels must stay clearly visible when the machine is not in use, and each machine must be at least four feet from the poll clerk’s table.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Procedures at the Polls [19360 - 19362] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19362. The exterior of the voting machine and every part of the polling place shall be in plain view of the election precinct board and the poll watchers. The ballot labels shall be clearly visible when the machine is not in use and shall be inspected by a member of the precinct board after each voter has left the booth. Each machine shall be at least four feet from the poll clerk’s table. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  191. 19371.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Closing the Polls [19371- 19371.] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Before adjourning, the precinct board must comply with Section 15250.5, seal each voting machine, and lock the voting machines.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Closing the Polls [19371- 19371.] ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19371. Before adjourning, the precinct board shall do all of the following: (a) Comply with the requirements of Section 15250.5. (b) Seal each voting machine with the seal or seals provided. (c) Lock the voting machines. (Amended by Stats. 2014, Ch. 911, Sec. 14. (AB 2631) Effective January 1, 2015.)
  192. 19380.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Counting Procedures [19380 - 19381] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The precinct board must certify the statement of the vote result, and the statement must include specified vote totals and certificates.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Counting Procedures [19380 - 19381] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19380. The statement of the result of votes cast, which shall be certified by the precinct board, shall contain: (a) The total number of votes cast. (b) The number of votes cast for each candidate and measure as shown on the statement of return of votes cast. (c) The number of votes for persons not nominated. (d) Printed directions to the precinct board for their guidance before the polls are opened and when the polls are closed. (e) A certificate which shall be signed by the election officers before the polls are opened, showing: (1) The delivery of the keys in a sealed envelope. (2) The number on the seal or seals. (3) The number registered on the protective counter. (4) Whether all of the counters are set at zero (000). (5) Whether the public counter is set at zero (000). (f) A certificate that shall be filled out after the polls have been closed, showing: (1) That the voting machine has been locked against voting and sealed. (2) The number of voters as shown on the public counter. (3) The number on the seal or seals. (4) The number registered on the protective counter. (5) That the voting machine is closed and locked. (Added by renumbering Section 19382 by Stats. 2014, Ch. 911, Sec. 17. (AB 2631) Effective January 1, 2015.)
  193. 19381.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Counting Procedures [19380 - 19381] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The precinct board must immediately send the elections official an unsealed copy of the polling-place vote results, and the copy must be signed by the precinct board members and open to public inspection.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 4. Elections Using Voting Machines [19300 - 19381] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 6. Counting Procedures [19380 - 19381] ( Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 19381. The precinct board shall immediately transmit unsealed to the elections official a copy of the result of the votes cast at the polling place, the copy shall be signed by the members of the precinct board, and shall be open to public inspection. (Added by renumbering Section 19385 by Stats. 2014, Ch. 911, Sec. 20. (AB 2631) Effective January 1, 2015.)
  194. 19400.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 5. Voting System Replacement Contracts [19400 - 19402] ( Chapter 5 added by Stats. 2018, Ch. 38, Sec. 1. )

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    This section defines several voting-system terms used in Chapter 5.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 5. Voting System Replacement Contracts [19400 - 19402] ( Chapter 5 added by Stats. 2018, Ch. 38, Sec. 1. ) ## 19400. For purposes of this chapter, the following definitions apply: (a) “Ballot on demand system” means a ballot manufacturing system, as defined in Section 303.4, that is subject to Sections 13004 and 13004.5. (b) “Election management system” means a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter’s vote by mail status. (c) “Electronic poll book” means an electronic list of registered voters that may be transported to the polling location or vote center pursuant to Section 2550. (d) “Remote accessible vote by mail system” means a system, as defined in Section 303.3, that is certified pursuant to Chapter 3.5 (commencing with Section 19280) of Division 19. (e) “Vote by mail ballot drop box” means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained pursuant to Section 3025. (f) “Voting system” means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots. (Amended by Stats. 2019, Ch. 29, Sec. 78. (SB 82) Effective June 27, 2019.)
  195. 19402.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 5. Voting System Replacement Contracts [19400 - 19402] ( Chapter 5 added by Stats. 2018, Ch. 38, Sec. 1. )

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    The Secretary of State must reimburse counties for certain voting system replacement costs under set funding rules, and counties must meet matching-fund and documentation requirements unless an exception applies.

    ## Elections Code - ELEC ## DIVISION 19. CERTIFICATION OF VOTING SYSTEMS [19001 - 19402] ( Heading of Division 19 amended by Stats. 2013, Ch. 602, Sec. 1. ) ## CHAPTER 5. Voting System Replacement Contracts [19400 - 19402] ( Chapter 5 added by Stats. 2018, Ch. 38, Sec. 1. ) ## 19402. (a) (1) The Secretary of State shall use the funds appropriated to the Secretary of State in the Budget Act of 2018 and the Budget Act of 2019 for voting system replacement for counties by awarding reimbursement contracts to counties using the funding allocation described in subdivision (b). (2) To receive reimbursement for the eligible expenditures described in subdivision (d) made before July 1, 2020, or on or after July 1, 2021, a county shall provide matching funds that are at least equivalent to one-quarter of the state funds received for the eligible expenditures described in subdivision (d). (3) Notwithstanding paragraph (2), counties that operated 50 or fewer precincts in the November 8, 2016, statewide general election are not required to provide matching funds to receive an allocation from the state. (4) To receive reimbursement for the eligible expenditures described in subdivision (d) made on or after July 1, 2020, and before July 1, 2021, a county shall not be required to provide matching funds. (b) The Secretary of State shall allocate funding for a contract described in subdivision (a) based on the size of the county, the number of voters registered in the county, and the Secretary of State’s estimate of need for county voting equipment. (c) A contract described in subdivision (a) shall permit a county to apply to the Secretary of State for reimbursement costs incurred in connection with the activities described in subdivision (d) in a manner consistent with all of the following: (1) The county may seek reimbursement for payments made pursuant to a purchase agreement, lease agreement, or other contract made after April 29, 2015. (2) The funded activities described in subparagraph (A) of paragraph (1) of subdivision (d) shall be for new voting systems that have been certified pursuant to the California Voting System Standards. (3) The county shall provide the Secretary of State with documentation of the payment for which reimbursement is sought, and of the purchase agreement, lease agreement, or other contract pursuant to which the reimbursed payment was made. (4) The Secretary of State shall verify that payment for which reimbursement is sought meets the criteria set forth in the contract described in subdivision (a) before reimbursing the county. (5) (A) For the eligible expenditures described in subdivision (d) made before July 1, 2020, or on or after July 1, 2021, the Secretary of State shall reimburse the county by matching county funds spent on voting system replacement activities described in subdivision (d) on a three-to-one basis, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b). (B) Notwithstanding subparagraph (A), the Secretary of State shall reimburse counties that operated 50 or fewer precincts in the November 8, 2016, statewide general election without requiring those counties to provide matching funds. (C) For the eligible expenditures described in subdivision (d) made on or after July 1, 2020, and before July 1, 2021, the Secretary of State shall reimburse the county for eligible expenditures, up to the maximum amount of funds allocated for the contract pursuant to subdivision (b), without requiring the county to provide matching funds. (d) For purposes of this chapter, reimbursable voting system replacement activities include all of the following: (1) The purchase or lease of any of the following: (A) A voting system certified or conditionally approved by the Secretary of State that does not use prescored punch card ballots. (B) Electronic poll books certified by the Secretary of State. (C) Ballot on demand systems certified by the Secretary of State. (D) Vote by mail ballot drop boxes that comply with any applicable regulations adopted by the Secretary of State pursuant to subdivision (b) of Section 3025. (E) Remote accessible vote by mail systems certified or conditionally approved by the Secretary of State. (F) Telecommunication technologies to facilitate electronic connection, for the purpose of voter registration, between polling places, vote centers, and the office of the county elections official or the Secretary of State’s office. (G) Vote by mail ballot sorting and processing equipment. (H) An election management system. (2) Research and development of a new voting system that has not been certified or conditionally approved by the Secretary of State, but that would result in a voting system certified by the Secretary of State to comply with the California Voting System Standards. A voting system developed pursuant to this paragraph shall use only nonproprietary software and firmware with disclosed source code, except that it may use unmodified commercial off-the-shelf software and firmware, as defined in paragraph (1) of subdivision (a) of Section 19209. (3) (A) Manufacture of the minimum number of voting system units reasonably necessary for either of the following purposes: (i) Testing and seeking certification or conditional approval for the voting system pursuant to Sections 19210 to 19214, inclusive. (ii) Testing and demonstrating the capabilities of the voting system in a pilot program pursuant to paragraph (2) of subdivision (b) and subdivision (c) of Section 19209. (B) For purposes of this paragraph, “voting system” includes a part of a voting system. (4) If a county uses funding provided to it for the activities described in paragraph (2) or (3), and those activities do not result in a voting system certified by the Secretary of State to comply with the California Voting System Standards by July 1, 2023, the county shall return the state funding provided for those activities to the State. If the county does not return the funding by June 30, 2024, the State Controller shall withhold any payment to the county in an equivalent amount, as directed by the Department of Finance. (5) Costs reasonably related to the administration of an election during the COVID-19 pandemic. (e) A voting system purchased or leased by a county for which the county seeks reimbursement from the Secretary of State pursuant to this section and that does not require a voter to directly mark on the ballot must produce, at the time the voter votes the voter’s ballot or at the time the polls are closed, a paper version or representation of the voted ballot or of all of the ballots cast on a unit of the voting system. The paper version shall not be provided to the voter but shall be retained by elections officials for use during the 1 percent manual tally described in Section 15360, or any recount, audit, or contest. (Amended by Stats. 2020, Ch. 20, Sec. 2. (AB 100) Effective June 29, 2020.)
  196. 2.

    ## 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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    This code’s provisions that are substantially the same as existing laws on the same subject are to be treated as restatements and continuations, not as new laws.

    ## 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. ) ## 2. The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  197. 20.

    ## 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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    A person convicted of certain felony bribery, embezzlement, extortion, theft, perjury, or related conspiracy offenses cannot be a candidate for, or be elected to, any state or local elective office.

    ## 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. ) ## 20. (a) A person shall not be considered a candidate for, and is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes. (b) For purposes of this section, “conviction of a felony” includes a conviction of a felony in this state and a conviction under the laws of any other state, the United States, or any foreign government or country of a crime that, if committed in this state, would be a felony, and for which the person has not received a pardon from the Governor of this state, the governor or other officer authorized to grant pardons in another state, the President of the United States, or the officer of the foreign government or country authorized to grant pardons in that foreign jurisdiction. (Added by Stats. 2012, Ch. 160, Sec. 1. (AB 2410) Effective January 1, 2013.)
  198. 200.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 3. Nominations [200 - 202] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A declaration of candidacy for a primary or final election must include, in full, the oath or affirmation from Section 3 of Article XX of the Constitution.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 3. Nominations [200 - 202] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 200. Notwithstanding any provision of law to the contrary, there shall be set forth in full in the declaration of candidacy required for any primary or final election the oath or affirmation set forth in Section 3 of Article XX of the Constitution. (Amended by Stats. 1996, Ch. 724, Sec. 1. Effective January 1, 1997.)
  199. 2000.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Voter Qualifications [2000 - 2053] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2000- 2000.] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Some people may vote, register to vote, or preregister to vote if they meet the stated constitutional, age, and registration requirements.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Voter Qualifications [2000 - 2053] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2000- 2000.] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2000. (a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held. (b) Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election. (c) Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age. (Amended by Stats. 2015, Ch. 728, Sec. 1. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)
  200. 20000.

    ## Elections Code - ELEC ## DIVISION 20. ELECTION CAMPAIGNS [20000 - 20520] ( Division 20 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Endorsements of Candidates [20000 - 20012] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This chapter is named the Truth in Endorsements Law and may be cited by that name.

    ## Elections Code - ELEC ## DIVISION 20. ELECTION CAMPAIGNS [20000 - 20520] ( Division 20 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 1. Endorsements of Candidates [20000 - 20012] ( Chapter 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 20000. This chapter shall be known and may be cited as the Truth in Endorsements Law. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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