Elections Code — Part 7 | ELEC — United States — California law | Esheria

Elections Code

Part 7 of 12 · provisions 1,201–1,400

This act is known as the Elections Code.

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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. 21557.5.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.6. County of Merced Citizens Redistricting Commission [21554 - 21559] ( Chapter 6.6 added by Stats. 2025, Ch. 730, Sec. 1. )

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    A commission member must not communicate about redistricting matters with any individual or organization outside a public meeting.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.6. County of Merced Citizens Redistricting Commission [21554 - 21559] ( Chapter 6.6 added by Stats. 2025, Ch. 730, Sec. 1. ) ## 21557.5. (a) A commission member shall not communicate with any individual or organization regarding redistricting matters outside of a public meeting. This subdivision does not restrict a commission member from communicating with the staff of the board regarding administrative matters of the commission. (b) This subdivision does not restrict a commission member from directly communicating with another commission member, commission staff, legal counsel, or consultants retained by the commission. (Added by Stats. 2025, Ch. 730, Sec. 1. (AB 1441) Effective January 1, 2026.)
  2. 21558.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.6. County of Merced Citizens Redistricting Commission [21554 - 21559] ( Chapter 6.6 added by Stats. 2025, Ch. 730, Sec. 1. )

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    The commission must create supervisorial districts and follow public-process, notice, translation, and timing rules when drawing and releasing maps; the board must provide data, software access, funding, and staffing.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.6. County of Merced Citizens Redistricting Commission [21554 - 21559] ( Chapter 6.6 added by Stats. 2025, Ch. 730, Sec. 1. ) ## 21558. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the criteria set forth in Section 21130. (b) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) (A) Before the commission draws a map, the commission shall conduct at least five public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (B) In the event a state or local health order prohibits large gatherings, the commission may modify the location of the hearings, including through the use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. If the commission modifies the location of a hearing, it shall provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. The commission shall, to the greatest extent practicable, provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Methods for providing in-person participation may include, but are not limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces. (3) After the commission draws a draft map, the commission shall do both of the following: (A) Post the map for public comment on the internet website of the County of Merced. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 72 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Merced who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: (A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations. (C) Posting information on the internet website of the County of Merced that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. (7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. (c) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official by the map adoption deadline set forth in subdivision (a) of Section 21140. The commission shall not release a draft map before the date set forth in paragraph (3) of subdivision (f) of Section 21160. (2) The plan shall be subject to referendum in the same manner as ordinances. (3) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivision (a). (Added by Stats. 2025, Ch. 730, Sec. 1. (AB 1441) Effective January 1, 2026.)
  3. 21559.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.6. County of Merced Citizens Redistricting Commission [21554 - 21559] ( Chapter 6.6 added by Stats. 2025, Ch. 730, Sec. 1. )

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    A commission member cannot hold certain public offices or lobbying-related roles for 5 years after appointment, and some roles for 3 years after appointment.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.6. County of Merced Citizens Redistricting Commission [21554 - 21559] ( Chapter 6.6 added by Stats. 2025, Ch. 730, Sec. 1. ) ## 21559. A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, United States Congress, the Legislature, or any individual legislator, or to register as a federal, state, or local lobbyist in this state. (Added by Stats. 2025, Ch. 730, Sec. 1. (AB 1441) Effective January 1, 2026.)
  4. 2156.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must print and supply specified voter forms to county elections officials, and may continue supplying existing forms until new or revised forms are printed after certain section changes.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2156. The Secretary of State shall print, or cause to be printed, the blank forms of the voter notification prescribed by Section 2155 and the voter preregistration notice prescribed by Section 2155.3. The Secretary of State shall supply the forms to the county elections official in quantities and at times requested by the county elections official. The Secretary of State may continue to supply, and the county elections officials may continue to use, existing forms prior to printing new or revised forms as required by any changes to Section 2155 or 2155.3. (Amended by Stats. 2014, Ch. 619, Sec. 5. (SB 113) Effective January 1, 2015. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2014, Ch. 619, Sec. 8.)
  5. 21560.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. )

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    This section defines “Board,” “Commission,” and “Immediate family member” for this chapter.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. ) ## 21560. As used in this chapter, the following terms have the following meanings: (a) “Board” means the Board of Supervisors of the County of Fresno. (b) “Commission” means the Citizens Redistricting Commission in the County of Fresno established pursuant to Section 21562. (c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. (Added by Stats. 2022, Ch. 407, Sec. 1. (AB 2030) Effective January 1, 2023.)
  6. 21561.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. )

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    A Citizens Redistricting Commission exists in Fresno County, and after each decennial federal census it must adjust the county board’s supervisorial district boundaries in line with this chapter.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. ) ## 21561. There is, in the County of Fresno, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. (Added by Stats. 2022, Ch. 407, Sec. 1. (AB 2030) Effective January 1, 2023.)
  7. 21562.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. )

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    This section sets up the County of Fresno Citizens Redistricting Commission, how many members it has, how members are selected, and the qualifications and timing rules for selection.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. ) ## 21562. (a) The commission shall be created no later than December 31, 2030, and in each year ending in the number zero thereafter. (b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. (c) The commission shall consist of 14 members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Fresno, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. However, the political party or no party preferences of the commission members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. (d) Each commission member shall meet all of the following qualifications: (1) Be a resident of the County of Fresno. (2) Be a voter who has been continuously registered in the County of Fresno with the same political party or no party preference and who has not changed their political party or no party preference for five or more years immediately preceding the date of their appointment to the commission. (3) Have voted in at least one of the last three statewide elections immediately preceding their application to be a member of the commission. (4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following: (A) Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing the County of Fresno, including as a member of the board. (B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the County of Fresno. (C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the County of Fresno. (D) Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee. (E) Been a registered state or local lobbyist. (5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. (6) Possess experience that demonstrates an ability to be impartial. (7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Fresno. (e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. (f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. (2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). (g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. (2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Fresno shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. (B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. (h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint six additional applicants to the commission. (2) The six appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). (Added by Stats. 2022, Ch. 407, Sec. 1. (AB 2030) Effective January 1, 2023.)
  8. 21563.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. )

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    Commission members must act impartially, the commission cannot keep an unqualified consultant, nine members form a quorum, and nine affirmative votes are needed for official action.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. ) ## 21563. (a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. (b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. (c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. (d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (d) of Section 21562. (2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. (e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Fresno pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. (Added by Stats. 2022, Ch. 407, Sec. 1. (AB 2030) Effective January 1, 2023.)
  9. 21564.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. )

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    The commission must create supervisorial districts using listed redistricting criteria, hold public hearings, post information for public comment, and file the final plan and report; the board must support the process with data, access, funding, and staffing.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. ) ## 21564. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: (1) (A) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. (B) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available. (C) Notwithstanding subparagraph (B), an incarcerated person, as that term is used in Section 21003, shall not be counted towards the county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous. (4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. (b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. (c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) (A) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (B) In the event a state or local health order prohibits large gatherings, the commission may modify the location of the hearings, including through the use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. If the commission modifies the location of a hearing, it shall provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. The commission shall, to the greatest extent practicable, provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Methods for providing in-person participation may include, but are not limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces. (3) After the commission draws a draft map, the commission shall do both of the following: (A) Post the map for public comment on the internet website of the County of Fresno. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Fresno who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: (A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations. (C) Posting information on the internet website of the County of Fresno that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. (7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. (d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official by the map adoption deadline set forth in subdivision (a) of Section 21140. The commission shall not release a draft map before the date set forth in paragraph (3) of subdivision (f) of Section 21160. (2) The plan shall be subject to referendum in the same manner as ordinances. (3) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). (Amended by Stats. 2023, Ch. 343, Sec. 27. (AB 764) Effective January 1, 2024.)
  10. 21565.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. )

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    A commission member cannot hold certain public offices or work as paid staff/consultant or lobbyist for a set period after appointment.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.7. County of Fresno Citizens Redistricting Commission [21560 - 21565] ( Chapter 6.7 added by Stats. 2022, Ch. 407, Sec. 1. ) ## 21565. A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this state. (Added by Stats. 2022, Ch. 407, Sec. 1. (AB 2030) Effective January 1, 2023.)
  11. 2157.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The paper affidavit of registration must follow Secretary of State regulations and include several required statements, notices, and format features; counties may only link to the state electronic system, and electronic submission on a county website is prohibited.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2157. (a) Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following: (1) Contain the information prescribed in Section 2150. (2) Contain, near the signature line of the affiant, a statement that the county elections official shall compare the affiant’s signature appearing on an identification envelope for the return of a vote by mail ballot cast in a future election with the signatures appearing in the voter’s registration record, including the signature appearing on the affidavit of registration. (3) Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county. (4) Be included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line. (5) Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following: “Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of State’s Safe At Home program or visit the Secretary of State’s website.” (6) Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State. (7) Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information. (8) Be returnable to the county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State. (b) Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration. (c) The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section or Section 2150. (d) An affidavit of registration shall not be submitted electronically on a county’s internet website. However, a county may provide a hyperlink on the county’s internet website to the Secretary of State’s electronic voter registration system. (Amended by Stats. 2022, Ch. 102, Sec. 1. (AB 1619) Effective January 1, 2023.)
  12. 2157.1.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Legislature states that voters should be fully informed about how personal information they provide for a voter registration affidavit may be used.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2157.1. It is the intent of the Legislature that a voter be fully informed of the permissible uses of personal information supplied by him or her for the purpose of completing a voter registration affidavit. (Added by Stats. 2005, Ch. 726, Sec. 3. Effective January 1, 2006.)
  13. 2157.2.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Local elections officials and the Secretary of State must publish a notice explaining how voter registration information may be used. Commercial use of voter registration information is prohibited, some personal data cannot be released for those purposes, and certain voters facing life-threatening situations may qualify for confidential voter status.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2157.2. In order that a voter be fully informed of the permissible uses of personal information supplied by him or her for the purpose of completing a voter registration affidavit, local elections officials shall post on any local elections official’s Internet Web site relating to voter information, and the Secretary of State shall print in the state voter information guide and post on his or her Internet Web site, a statement identical or substantially similar to the following: “Information on your voter registration affidavit will be used by elections officials to send you official information on the voting process, such as the location of your polling place and the issues and candidates that will appear on the ballot. Commercial use of voter registration information is prohibited by law and is a misdemeanor. Voter information may be provided to a candidate for office, a ballot measure committee, or other persons for election, scholarly, journalistic, political, or governmental purposes, as determined by the Secretary of State. Driver’s license and social security numbers, or your signature as shown on your voter registration card, cannot be released for these purposes. If you have any questions about the use of voter information or wish to report suspected misuse of such information, please call the Secretary of State’s Voter Protection and Assistance Hotline. “Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of State’s Safe At Home program or visit the Secretary of State’s Internet Web site.” (Amended by Stats. 2016, Ch. 422, Sec. 6. (AB 2911) Effective January 1, 2017.)
  14. 21570.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. )

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    This section defines key terms used in the chapter.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. ) ## 21570. As used in this chapter, the following terms have the following meanings: (a) “Board” means the Board of Supervisors of the County of Kern. (b) “Commission” means the Citizens Redistricting Commission in the County of Kern established pursuant to Section 21572. (c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. (Added by Stats. 2022, Ch. 411, Sec. 1. (AB 2494) Effective January 1, 2023.)
  15. 21571.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. )

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    Kern County has a Citizens Redistricting Commission, and it must adjust supervisorial district boundaries in the year after each decennial federal census.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. ) ## 21571. There is, in the County of Kern, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. (Added by Stats. 2022, Ch. 411, Sec. 1. (AB 2494) Effective January 1, 2023.)
  16. 21572.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. )

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    This section sets up the County of Kern citizens redistricting commission, requires it to be formed on a recurring schedule, and lays out how applicants are screened and selected.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. ) ## 21572. (a) The commission shall be created no later than December 31, 2030, and in each year ending in the number zero thereafter. (b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. (c) The commission shall consist of 14 members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Kern, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. However, the political party or no party preferences of the commission members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. (d) Each commission member shall meet all of the following qualifications: (1) Be a resident of the County of Kern. (2) Be a voter who has been continuously registered in the County of Kern with the same political party or no party preference and who has not changed their political party or no party preference for five or more years immediately preceding the date of their appointment to the commission. (3) Have voted in at least one of the last three statewide elections immediately preceding their application to be a member of the commission. (4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following: (A) Been appointed to, elected to, or a candidate for, office at the local, state, or federal level representing the County of Kern, including as a member of the board. (B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the County of Kern. (C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the County of Kern. (D) Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee. (E) Been a registered state or local lobbyist. (5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. (6) Possess experience that demonstrates an ability to be impartial. (7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Kern. (e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. (f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. (2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). (g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. (2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Kern shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. (B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. (h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint six additional applicants to the commission. (2) The six appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). (Added by Stats. 2022, Ch. 411, Sec. 1. (AB 2494) Effective January 1, 2023.)
  17. 21573.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. )

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    Commission members must act impartially, the commission must not retain unqualified consultants, each member counts as a designated employee for the conflict-of-interest code, nine members make a quorum, and nine affirmative votes are needed for official action.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. ) ## 21573. (a) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. (b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. (c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. (d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (d) of Section 21572. (2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. (e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Kern pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. (Added by Stats. 2022, Ch. 411, Sec. 1. (AB 2494) Effective January 1, 2023.)
  18. 21574.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. )

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    The commission must create single-member supervisorial districts and follow detailed rules on population equality, contiguity, communities of interest, public hearings, notice, translation, public access, and reporting.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. ) ## 21574. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: (1) (A) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. (B) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available. (C) Notwithstanding subparagraph (B), an incarcerated person, as that term is used in Section 21003, shall not be counted towards the county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous. (4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. (b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. (c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) (A) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (B) In the event a state or local health order prohibits large gatherings, the commission may modify the location of the hearings, including through the use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. If the commission modifies the location of a hearing, it shall provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. The commission shall, to the greatest extent practicable, provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Methods for providing in-person participation may include, but are not limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces. (3) After the commission draws a draft map, the commission shall do both of the following: (A) Post the map for public comment on the internet website of the County of Kern. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Kern who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: (A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations. (C) Posting information on the internet website of the County of Kern that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. (7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. (d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official by the map adoption deadline set forth in subdivision (a) of Section 21140. The commission shall not release a draft map before the date set forth in paragraph (3) of subdivision (f) of Section 21160. (2) The plan shall be subject to referendum in the same manner as ordinances. (3) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). (Amended by Stats. 2023, Ch. 343, Sec. 28. (AB 764) Effective January 1, 2024.)
  19. 21575.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. )

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    A commission member cannot hold certain public offices or lobbying-related roles for 5 years or 3 years after appointment.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.8. County of Kern Citizens Redistricting Commission [21570 - 21575] ( Chapter 6.8 added by Stats. 2022, Ch. 411, Sec. 1. ) ## 21575. A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local office; to serve as paid staff for, or as a paid consultant to, the Board of Equalization, Congress, the Legislature, or any individual legislator; or to register as a federal, state, or local lobbyist in this state. (Amended by Stats. 2023, Ch. 131, Sec. 57. (AB 1754) Effective January 1, 2024.)
  20. 2158.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    County elections officials must provide voter registration cards, make them available in enough locations, and mail them immediately when requested. People and organizations may distribute the cards in the county, but must get the cards from the county elections official or Secretary of State and follow Secretary of State regulations.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2158. County elections officials shall do all of the following: (a) Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965. (b) Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county. (1) An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards. (2) If, after completing his or her voter registration card, an elector entrusts it to another person, the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter. (3) An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards. (4) If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card instructing the recipients to disregard the cards if they are currently registered voters. (c) Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card. (Amended by Stats. 2015, Ch. 728, Sec. 31. (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.)
  21. 21580.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    This section defines three terms used in the chapter: “Board,” “Commission,” and “Immediate family member.”

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21580. As used in this chapter, the following terms have the following meanings: (a) “Board” means the Board of Supervisors of the County of Orange. (b) “Commission” means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. (c) “Immediate family member” means a spouse, child, in-law, parent, or sibling. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  22. 21581.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    A Citizens Redistricting Commission exists in Orange County, and after each decennial federal census year it must adjust the board’s supervisorial district boundaries.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21581. There is, in the County of Orange, a Citizens Redistricting Commission. In the year following the year in which the decennial federal census is taken, the commission shall adjust the boundary lines of the supervisorial districts of the board in accordance with this chapter. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  23. 21582.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    This section sets up the County of Orange citizens redistricting commission, requires specified membership and qualifications, and gives the county elections official and Auditor-Controller defined roles in screening and selecting commissioners.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21582. (a) The commission shall be created no later than December 31, 2030, and in each year ending in the number zero thereafter. (b) The selection process is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity. (c) The commission shall consist of 14 voting members and 2 alternate, nonvoting members. The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the County of Orange, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. However, the political party or no party preferences of the commission members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. At least one commission member shall reside in each of the five existing supervisorial districts of the board. (d) Each commission member shall meet all of the following qualifications: (1) Be a resident of the County of Orange. (2) Be a voter who has been continuously registered in the County of Orange with the same political party or no party preference and who has not changed their political party or no party preference for five or more years immediately preceding the date of their appointment to the commission. (3) Have voted in at least one of the last three statewide elections immediately preceding their application to be a member of the commission. (4) Be subject to and meet the conditions set forth in subdivisions (c) and (d) of Section 23003. (5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements. (6) Possess experience that demonstrates an ability to be impartial. (7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the County of Orange. (e) An interested person meeting the qualifications specified in subdivision (d) may submit an application to the county elections official to be considered for membership on the commission. The county elections official shall review the applications and eliminate applicants who do not meet the specified qualifications. (f) (1) From the pool of qualified applicants, the county elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (c). The county elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The county elections official shall not communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. (2) During the period described in paragraph (1), the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the qualifications specified in subdivision (d). (g) (1) After complying with the requirements of subdivision (f), the county elections official shall create a subpool for each of the five existing supervisorial districts of the board. (2) (A) At a regularly scheduled meeting of the board, the Auditor-Controller of the County of Orange shall conduct a random drawing to select one commissioner from each of the five subpools established by the county elections official. (B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Auditor-Controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select three additional commissioners. (h) (1) The eight selected commissioners shall review the remaining names in the subpools of applicants and shall appoint eight additional applicants, including two nonvoting, alternate appointees, to the commission. (2) The eight appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The eight commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (c). (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  24. 21583.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    Commission members must act impartially, attend required meetings, and the commission must require conflict-of-interest disclosure from consultants.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21583. (a) (1) A commission member shall apply this chapter in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. (2) Each alternate commission member may attend commission meetings, other than closed session meetings as permitted by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and may give public comment to the commission. Unless subsequently appointed to serve on the commission as a voting member, an alternate commission member shall not vote in commission meetings or hearings. (b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission. (c) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. (d) Each commission member shall be present for all public hearings and internal meetings of the commission. Except in emergency situations, a commission member who misses an excessive number of public hearings and meetings may be subject to removal from the commission pursuant to Section 21586. For the purposes of this subdivision, a commission member misses an excessive number of public hearings and meetings by missing a significant number of meetings such that it interferes with the commission’s work and the commission member’s ability to meaningfully participate in discussions and deliberation. (e) (1) The commission shall require a consultant to, before delivering advice to the commission or a commission member pursuant to paragraph (2), disclose to the commission potential or actual conflicts of interest. The commission shall weigh the consultant’s potential or actual conflicts of interest against the consultant’s qualifications in determining whether to retain the consultant. (2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process. (f) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the County of Orange pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  25. 21584.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    The commission must create County of Orange supervisorial districts using listed criteria, hold public hearings, provide translation and public access, and file a final redistricting plan and report.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21584. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority: (1) (A) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. (B) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available. (C) Notwithstanding subparagraph (B), an incarcerated person, as that term is used in Section 21003, shall not be counted towards the county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous. (4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population. (b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party. (c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) (A) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (B) In the event a state or local health order prohibits large gatherings, the commission may modify the location of the hearings, including through the use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. If the commission modifies the location of a hearing, it shall provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. The commission shall, to the greatest extent practicable, provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Methods for providing in-person participation may include, but are not limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces. (3) After the commission draws a draft map, the commission shall do both of the following: (A) Post the map for public comment on the internet website of the County of Orange. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Orange who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include: (A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations. (C) Posting information on the internet website of the County of Orange that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission. (7) The commission shall ensure that all outreach materials, public notifications, agendas, and content on its internet website, including instructions for testifying and submitting written public testimony, are translated in all applicable languages. (A) For the purposes of this paragraph, “applicable language” has the same meaning as in subparagraph (B) of paragraph (5). (8) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (9) The board shall provide reasonable funding and staffing for the commission. (10) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records. (d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official by the map adoption deadline set forth in subdivision (a) of Section 21140. The commission shall not release a draft map before the date set forth in paragraph (3) of subdivision (f) of Section 21160. (2) The plan shall be subject to referendum in the same manner as ordinances. (3) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b). (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  26. 21585.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    Commission members may not engage in campaign activity for County of Orange elective offices, and appointment-related post-service restrictions apply for certain periods.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21585. A commission member shall not do any of the following: (a) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the County of Orange. (b) Be a candidate for an elective office of the County of Orange if any of the following is true: (1) Less than five years has elapsed since the date of the member’s appointment to the commission. (2) The election for that office will be conducted using district boundaries that were adopted by the commission on which the member served, and those district boundaries have not been subsequently readopted by a commission after the end of the member’s term on the commission. (3) The election for that office will be conducted using district boundaries that were adopted by a legislative body pursuant to a recommendation by the commission on which the member served, and those district boundaries have not been subsequently readopted by a legislative body pursuant to a recommendation by a commission after the end of the member’s term on the commission. (c) For four years commencing with the date of the person’s appointment to the commission: (1) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the County of Orange. (2) Receive a noncompetitively bid contract with the County of Orange. (3) Register as a lobbyist for the County of Orange. (d) For two years commencing with the date of the person’s appointment to the commission, accept an appointment to an office of the County of Orange. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  27. 21586.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    The commission may remove a member only for specified misconduct or qualification failures, with required vote thresholds and notice rights for the member.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21586. (a) The commission may only remove a commission member for substantial neglect of duty, gross misconduct in office, causing the commission to be unable to discharge its duties with nine affirmative votes, or if it is later discovered that the commission member did not meet the required qualifications, as set forth in subdivision (d) of Section 21582, at the time of appointment or if the commission member no longer meets those required qualifications while serving on the commission. At least three affirmative votes to remove a member shall be from commission members of one political party, and at least three affirmative votes to remove a member shall be from commission members of one other political party. (1) A commission member or alternate commission member who is subject to removal shall not vote on their own removal. (b) Prior to removal pursuant to subdivision (a), a commission member is entitled to receive all of the following from the commission: (1) The reasons for their proposed removal, in writing. (2) At least one week’s written notice of the public meeting where the commission will vote on their proposed removal. (3) The opportunity to respond to or rebut the reasons for their removal in writing and at the public meeting described in paragraph (2). (c) The commission may employ legal counsel in seeking removal of a commission member pursuant to this section. (d) The decision of the commission to remove a member pursuant to this section is final, nonappealable, and is not subject to judicial review. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  28. 21587.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    If a commission member resigns or is removed, the chair must appoint an alternate commissioner as the voting replacement, and the replacement must have the same political party preference as the departing member.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21587. If a commission member resigns or is removed pursuant to Section 21586, the chair of the commission shall select one alternate commissioner to fill the vacancy as a voting member. The alternate member who is appointed to fill the vacancy shall have the same political party preference as the commission member who vacated their position. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  29. 21588.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. )

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    If the commission has fewer than nine voting members, the County of Orange Auditor-Controller must recruit qualified applicants within one month, and the remaining commissioners must appoint replacements within two weeks after the pool is constituted.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6.9. County of Orange Citizens Redistricting Commission [21580 - 21588] ( Chapter 6.9 added by Stats. 2023, Ch. 315, Sec. 1.7. ) ## 21588. If the commission is unable to act because it has fewer than nine voting commission members, the Auditor-Controller of the County of Orange shall, within one month of making the determination that the commission has fewer than nine voting members, recruit a pool of qualified applicants to fill the vacancies to bring the commission to nine voting members, taking into account the requirements described in subdivision (c) of Section 21582. Within two weeks of the Auditor-Controller constituting a pool of qualified applicants, the remaining commission members shall appoint replacement commission members to fill the vacancies by a two-thirds vote. Each commission member that is selected to fill a vacancy pursuant to this section shall have the same political party preference as the commission member who vacated their position. (Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)
  30. 2159.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    People who are paid to help someone register to vote must sign and add identifying details to the registration affidavit; if they knowingly misrepresent that help on the form, they commit a misdemeanor.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2159. (a) Notwithstanding paragraph (1) of subdivision (b) of Section 2158, any person who, in exchange for money or other valuable consideration, assists another to register to vote by receiving the completed affidavit of registration from the elector, shall sign in his or her handwriting and affix directly on the affidavit of registration his or her full name, telephone number, and address, and the name and telephone number of the person, company, or organization, if any, that agrees to pay money or other valuable consideration for the completed affidavit of registration. Failure to comply with this section shall not cause the invalidation of the registration of the voter. (b) Any person who in exchange for money or other valuable consideration assists another to register to vote by receiving the completed affidavit of registration from the elector, and knowingly misrepresents himself or herself as having helped register another to vote on a registration form is guilty of a misdemeanor, pursuant to Section 18108.1. (Amended by Stats. 2006, Ch. 377, Sec. 1. Effective January 1, 2007.)
  31. 2159.5.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    If someone pays a person to help register voters, they must keep records, give written responsibility notices, keep acknowledgments, and follow affidavit handling rules.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2159.5. A person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, shall do all of the following: (a) Maintain a list of the names, addresses, and telephone numbers of all individuals that the person, company, or other organization has agreed to compensate for assisting others to register to vote, and shall provide to each person receiving that consideration a written statement of that person’s personal responsibilities and liabilities under Sections 2138, 2138.5, 2139, 2150, 2158, 2159, 18100, 18101, 18103, 18106, 18108, 18108.1, and 18108.5. Receipt of the written statement shall be acknowledged, in writing, by the person receiving the consideration, and the acknowledgment shall be kept by the person, company, or organization that agrees to compensate that person. All records required by this subdivision shall be maintained for a minimum of three years, and shall be made available to the elections official, the Secretary of State, or an appropriate prosecuting agency, upon demand. As an alternate to maintaining the records required by this subdivision, the records may be filed with the county elections official, who shall retain those records for a minimum of three years. The county elections official may charge a fee, not to exceed actual costs, for storing records pursuant to this subdivision. (b) Not render any payment or promised consideration unless the information specified in Section 2159 has been affixed personally on the affidavit in the handwriting of the person with whom the agreement for payment was made. (c) At the time of submission of paper affidavits to an elections official, identify and separate those affidavits into groups that do and that do not comply with the requirements of Sections 2150 and 2159. A signed acknowledgment shall be attached to each group of affidavits identifying a group as in compliance with Sections 2150 and 2159, and a group as not in compliance with either Section 2150 or 2159, or both. (d) Failure to comply with this section shall not cause the invalidation of the registration of the voter. (Amended by Stats. 2014, Ch. 593, Sec. 5. (AB 1446) Effective January 1, 2015.)
  32. 2160.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A county elections official may use a provisional ballot envelope as an affidavit of registration, but if doing so must provide a compliant envelope, print an affidavit number, and notify the Secretary of State by 15 days before any election.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2160. (a) A county elections official may use a provisional ballot envelope as an affidavit of registration. (b) A county elections official who intends to use a provisional ballot envelope as an affidavit of registration shall do all of the following: (1) Provide a provisional ballot envelope that sets forth facts necessary to establish the voter as an elector and that contains all of the information required by Sections 2150 and 2151. (2) Print an affidavit number on the provisional ballot envelope. (3) Provide notice to the Secretary of State no later than the 15th day before any election that provisional ballot envelopes will be used as affidavits of registration in that election. (Added by Stats. 2018, Ch. 113, Sec. 2. (SB 1171) Effective January 1, 2019.)
  33. 21600.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This article applies to a general law city that elects its legislative body members by districts or from districts.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21600. This article applies to a general law city that elects members of the city’s legislative body by districts or from districts, as those terms are defined in Section 34871 of the Government Code. (Amended by Stats. 2023, Ch. 343, Sec. 29. (AB 764) Effective January 1, 2024.)
  34. 21601.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    If a city switches to district-based council elections, or after each federal decennial census for a city already using district-based elections, the council must adopt district boundaries by ordinance or resolution.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21601. Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city pursuant to Chapter 2 (commencing with Section 21100). (Amended by Stats. 2023, Ch. 343, Sec. 30. (AB 764) Effective January 1, 2024.)
  35. 21603.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    If a city expands, the council must place the new territory in the nearest existing council district without changing other district boundaries. The council may instead redraw all district boundaries if the statute’s conditions are met.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21603. (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries. (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district pursuant to Chapter 2 (commencing with Section 21100) if the boundaries of the city expand by the addition of new territory and if both of the following conditions are met: (1) There are more than four years until the council is next required to redistrict pursuant to Section 21601. (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population, as determined by the most recent federal decennial census. (Amended by Stats. 2023, Ch. 343, Sec. 32. (AB 764) Effective January 1, 2024.)
  36. 21605.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A council generally may not adopt new council district boundaries until after the next federal decennial census, unless one of several listed exceptions applies.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21605. (a) After redistricting or districting, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances: (1) A court orders the council to redistrict. (2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to Section 21603 or by the subtraction of territory. (4) The number of council members elected by districts or from districts is increased or decreased. (5) An independent redistricting commission is established pursuant to Section 23003 to adopt new council districts between federal decennial censuses and the districts being replaced were adopted by the city council. (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts. (Amended by Stats. 2023, Ch. 343, Sec. 33. (AB 764) Effective January 1, 2024.)
  37. 21606.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Council members keep serving their elected district through the end of the term even if district boundaries change, cities may assign officials to serve residents in temporarily unrepresented areas, and after district boundaries are adopted the next council election must elect one member per district matching expiring incumbents, with an exception for at-large-to-district transitions.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Law Cities [21600 - 21606] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21606. (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected and that member shall continue to represent the constituents residing in the district boundaries from which the member was elected for the duration of that term of office. This section does not prevent a city council from assigning a city elected official or city official to provide constituent services to residents of an area that is temporarily not represented by a council member due to redistricting. (b) At the first election for council members in each city following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. This subdivision does not apply when a city transitions from at-large to district-based elections. (c) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a city council unless that person meets the requirements of Section 201 of the Elections Code and Section 34882 of the Government Code. (Amended by Stats. 2023, Ch. 343, Sec. 34. (AB 764) Effective January 1, 2024.)
  38. 2161.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must print, number, and supply certain voter registration forms, and provide them to county elections officials when requested.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2161. The Secretary of State shall print, or cause to be printed, the blank forms of the affidavits of registration and voter registration cards prescribed by this code. The Secretary of State shall bind and number, or cause to be bound and numbered, affidavits of registration and voter registration cards as required by this code. The Secretary of State shall supply the forms to the county elections official in quantities and at times as requested by the county elections official. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  39. 2162.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section limits which voter registration forms may be used, restricts changes to voter registration cards before distribution, and bars unauthorized completion of the affidavit portion.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2162. (a) No affidavits of registration other than those provided by the Secretary of State to the county elections officials, provisional ballot envelopes that comply with Section 2160, or the national voter registration forms authorized pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) shall be used for the registration of voters. (b) A voter registration card shall not be altered, defaced, or changed in any way, other than by the insertion of a mailing address and the affixing of postage, if mailed, or as otherwise specifically authorized by the Secretary of State, before distribution of the cards. (c) The affidavit portion of a voter registration card shall not be marked, stamped, or partially or fully completed by a person other than an elector attempting to register to vote or by a person assisting the elector in completing the affidavit at the request of the elector. (Amended by Stats. 2018, Ch. 113, Sec. 3. (SB 1171) Effective January 1, 2019.)
  40. 21620.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This article applies to charter cities that elect their legislative body by districts or from districts.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21620. This article applies to a charter city that elects members of the city’s legislative body by districts or from districts, as those terms are defined in Section 34871 of the Government Code. (Amended by Stats. 2023, Ch. 343, Sec. 39. (AB 764) Effective January 1, 2024.)
  41. 21621.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The city council must adopt district boundaries by ordinance or resolution after switching to district-based elections, and again after each federal decennial census if the council is already elected that way.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21621. Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city pursuant to Chapter 2 (commencing with Section 21100). (Amended by Stats. 2023, Ch. 343, Sec. 40. (AB 764) Effective January 1, 2024.)
  42. 21623.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    When a city adds new territory, the council must place it in the nearest existing council district. The council may instead redraw district boundaries if the city has more than four years before the next redistricting date and the new territory is more than 25% of the city’s population. The section does not apply to certain charter cities with their own standard.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21623. (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries. (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district pursuant to Chapter 2 (commencing with Section 21100) if the boundaries of the city expand by the addition of new territory and if both of the following conditions are met: (1) There are more than four years until the council is next required to redistrict pursuant to Section 21621. (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population as determined by the most recent federal decennial census. (c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts. (Amended by Stats. 2023, Ch. 343, Sec. 42. (AB 764) Effective January 1, 2024.)
  43. 21625.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A council generally may not adopt new council district boundaries after redistricting until after the next federal decennial census, unless a listed exception applies.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21625. (a) After redistricting or districting, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances: (1) A court orders the council to redistrict. (2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to Section 21623 or by the subtraction of territory. (4) The number of council members elected by districts or from districts is increased or decreased. (5) An independent redistricting commission, whose members are not directly appointed by the legislative body or an elected official of the local jurisdiction, is established to adopt new council districts between federal decennial censuses and the districts being replaced were adopted by the city council. (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts. (c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter. (Amended by Stats. 2023, Ch. 343, Sec. 43. (AB 764) Effective January 1, 2024.)
  44. 21626.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Redistricting does not change a sitting council member’s term, cities may assign officials for constituent services in temporarily unrepresented areas, first post-redistricting elections must follow the new district plan, boundary changes are barred between the primary and general election, and city council office eligibility depends on listed code requirements.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21626. (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected and that member shall continue to represent the constituents residing in the district boundaries from which the member was elected for the duration of that term of office. This section does not prevent a city council from assigning a city elected official or city official to provide constituent services to residents of an area that is temporarily not represented by a council member due to redistricting. (b) At the first election for council members in each city following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. This subdivision does not apply when a city transitions from at-large to district-based elections. (c) For a city employing both a primary and a general election, a change in the boundaries of a council district shall not be made between the direct primary election and the general election. (d) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a city council unless that person meets the requirements of Section 201 of the Elections Code and Section 34882 of the Government Code. (Amended by Stats. 2023, Ch. 343, Sec. 44. (AB 764) Effective January 1, 2024.)
  45. 2163.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must prepare a voter registration logo and give it free of charge on request; offices, stores, and other establishments may display it to show voter registration is available to the public.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2163. The Secretary of State shall prepare an appropriate voter registration logo that may be displayed by offices, stores, and other establishments indicating the availability of voter registration for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization. (Amended by Stats. 2015, Ch. 728, Sec. 33. (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.)
  46. 21630.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    If a city council delegates district-boundary recommendations or adoption to a qualifying redistricting commission, the charter city still has to follow the applicable redistricting deadlines, requirements, and restrictions unless another law exempts it.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. City Elections [21600 - 21630] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Chartered Cities [21620 - 21630] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 21630. If a council assigns the responsibility to recommend or to adopt new district boundaries to a hybrid or independent redistricting commission as defined in Section 23000, the charter city remains subject to the redistricting deadlines, requirements, and restrictions that apply to the council under this article and Chapter 2 (commencing with Section 21100), unless otherwise exempted by law. A redistricting commission described in this section may perform the duties required of a city council under this article. (Amended by Stats. 2023, Ch. 343, Sec. 49. (AB 764) Effective January 1, 2024.)
  47. 2164.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must pay the postage for specified voter-registration mailings.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2164. (a) The Secretary of State shall pay all postage for all of the following: (1) Mailing of the voter notification and the address correction service pursuant to Section 2153. (2) Return to the county elections official of the affidavits of registration pursuant to Section 2157. (3) Mailing of blank voter registration cards pursuant to subdivision (c) of Section 2158. (4) Any mailing of blank voter registration cards pursuant to programs adopted under Section 2105. (b) All payments made pursuant to this section shall be made directly from funds appropriated to the Secretary of State for this purpose. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  48. 2165.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Affidavits of registration must be processed immediately.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2165. Affidavits of registration shall be processed immediately. (Amended by Stats. 2015, Ch. 728, Sec. 34. (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.)
  49. 2166.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    People seeking confidential voter status may ask a superior court to keep certain registration information confidential, and elections officials must exclude those voters from public lists.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2166. (a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voter’s household, and naming the county elections official as a party. (b) Any person granted confidential voter status under subdivision (a) shall: (1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters. (2) The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status. (3) Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following: (A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county. (B) Honor the confidential voter status from the former county for 60 days from the date of notice. (C) Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period. (D) Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period. (c) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness. (Amended by Stats. 2015, Ch. 728, Sec. 35. (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.)
  50. 2166.5.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Some voters may keep their residence address, phone number, and email confidential if they qualify under certain address-confidentiality programs.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2166.5. (a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to their residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity program pursuant to Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code. (b) Any person granted confidential voter status under subdivision (a) shall: (1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of their residence address, telephone number, and email address in the roster of voters. (2) The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status. (c) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness. (d) Subdivisions (a) and (b) do not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant’s certification. (Amended by Stats. 2022, Ch. 554, Sec. 1. (SB 1131) Effective September 26, 2022.)
  51. 2166.7.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    County elections officials must keep certain contact details confidential for eligible public safety officers, and those officers must meet application and update requirements.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2166.7. (a) If authorized by the county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officer’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section. (b) The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officer’s family. The application shall be a public record. (c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years. (d) Any person granted confidential voter status under subdivision (a) shall: (1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of the voter’s residence address, telephone number, and email address in the roster of voters. (2) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status. (3) Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following: (A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county. (B) Honor the confidential voter status from the former county for 60 days from the date of notice. (C) Pursuant to paragraph (2), exclude the confidential voter in any list, roster, or index during the 60-day period. (D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period. (e) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness. (f) “A public safety officer” has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 7920.535 of the Government Code. (Amended by Stats. 2024, Ch. 854, Sec. 1. (AB 3284) Effective January 1, 2025.)
  52. 2166.8.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section lets a qualified worker ask a county elections official to keep certain registration contact details confidential, and it sets the related application, renewal, transfer, reporting, and disclosure rules.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2166.8. (a) A county elections official shall, upon application of a qualified worker, make confidential that worker’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section. (b) The application by the qualified worker shall contain a statement, signed under penalty of perjury, that the person is a qualified worker as defined in subdivision (f) and that a life-threatening circumstance exists as to the qualified worker or a member of the worker’s family. The application shall be a public record. (c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years. (d) The following apply to a person granted confidential voter status under subdivision (a): (1) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status. (2) The person shall, within 60 days of moving to a new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following: (A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county. (B) Honor the confidential voter status from the former county for 60-days from the date of notice. (C) Pursuant to paragraph (1), exclude the confidential voter in any list, roster, or index during the 60-day period. (D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period. (e) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section except by a showing of gross negligence or willfulness. (f) “Qualified worker” means a person who is employed by or contracts with the Secretary of State or a local election office who performs election-related work and interacts with the public or is observed by the public doing election-related work, but does not include a person who is a precinct board member who does not otherwise perform election-related work. For the purposes of this section, a qualified worker is not limited to those who exclusively perform direct election-related work for the Secretary of State or local election offices. (g) The Secretary of State shall submit to the Legislature, pursuant to Section 9795 of the Government Code, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this section. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes. (Added by Stats. 2022, Ch. 554, Sec. 2. (SB 1131) Effective September 26, 2022.)
  53. 2166.9.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section lets certain elected officials and candidates keep their residence address, telephone number, and email confidential in voter-registration records, and sets out how county elections officials must process and update that status.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2166.9. (a) For purposes of this section, “elected official or candidate” means a federal, state, or local elected official or a candidate for an elected federal, state, or local office. (b) An elected official or candidate shall have their residence address, telephone number, and email address appearing on the affidavit of registration made confidential in accordance with the terms and conditions of this section. (c) (1) When a person files nomination papers for an elected federal or state office, the Secretary of State shall provide to each county elections official a list identifying each elected official or candidate residing in each respective county. (2) When a person files nomination papers for an elected local office, the county elections official shall add that individual’s name to a list identifying each elected official or candidate residing in that county. The county elections official shall periodically update the list for each election cycle. (3) Within five business days of receipt of the list described in paragraph (1) or, for an office for which nomination papers are filed with the county elections official, within five business days of the filing of nomination papers with the county elections official, the county elections official shall make confidential that elected official or candidate’s residence address, telephone number, and email address appearing on the affidavit of registration. (d) (1) The county elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status pursuant to this section. (2) Within 60 days of moving to a new county, if available in the new county, the elected official or candidate shall apply for confidential voter status pursuant to this section. The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following: (A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county. (B) Honor the confidential voter status from the former county for 60 days from the date of notice. (C) Pursuant to paragraph (1), exclude the confidential voter in any list, roster, or index during the 60-day period. (D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period. (e) An elected official or candidate shall contact their county elections official to ensure their voter registration record has been made confidential in accordance with the terms and conditions of this section. (f) An elected official or candidate’s residence address, telephone number, and email address shall remain confidential until, for an elected official, the official no longer holds the office or, for a candidate, the winning candidate takes office. (g) A county or county elections official shall not be liable for taking or failing to take the actions described in this section when the county or county elections official has received erroneous information from the Secretary of State. (h) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section, except by a showing of gross negligence or willfulness. (i) An elected official or candidate holding office as of the effective date of this section shall contact their county elections official to ensure their voter registration record has been made confidential in accordance with the terms and conditions of this section. County elections officials shall make the elected official’s information confidential when contacted by the elected official or candidate. (j) (1) A candidate who does not wish to have confidential voter status may opt out when completing their candidate filing statement provided by a county elections official. (2) (A) An elected official who wishes to opt out of confidential voter status may submit a letter to the county elections official declaring their decision to be exempt from the requirements of this section. (B) A request pursuant to subparagraph (A) shall include the elected official’s full name, voter registration address, and a clear statement that they wish to opt out of having their residence address, telephone number, and email address made confidential pursuant to this section. (C) Upon receipt of the request, the county elections official shall remove the confidential designation from the individual’s voter registration record within five business days. (D) The county elections official shall notify the Secretary of State and any other relevant local elections officials of the decision to opt out within five business days of processing the request. (E) An elected official who opts out may reapply for confidential voter status at any time while serving in or running for office, and confidential voter status shall be reinstated in accordance with this section upon receipt of the request. (k) (1) Notwithstanding any other law, an elected official or candidate’s residence address, telephone number, and email address made confidential pursuant to this section may be disclosed only for bona fide journalistic or governmental purposes. A person seeking an elected official or candidate’s confidential residence address, telephone number, and email address for a journalistic purpose pursuant to this section shall apply to the Secretary of State or to a county elections official as specified in paragraph (2). (2) (A) A person seeking a federal or state elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes shall submit all of the following to the Secretary of State: (i) A completed California Voter Registration File Request application. (ii) A letter of authorization or affiliation from the media outlet that the person represents. If the person submitting the request is a member of the media, a press pass may be submitted in lieu of a letter of authorization. (iii) A declaration under penalty of perjury attesting to the intended journalistic use of the information. (B) A person seeking a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes shall submit requests to the county elections official or other local elections official. (C) A county elections official shall process a request for a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes consistent with the requirements of regulations promulgated by the Secretary of State. (D) The county elections official shall retain records of all requests for, and disclosures of, a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes. The county elections official may reject a request that does not clearly adhere to the requirements of this subdivision. (3) For purposes of this chapter, “journalistic purposes” shall be interpreted in a manner consistent with subdivision (b) of Section 2 of Article I of the California Constitution. (Added by Stats. 2025, Ch. 300, Sec. 1. (AB 1392) Effective January 1, 2026.)
  54. 2167.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    On personal or written request, the county elections official must give the applicant a certified copy of the register entries relating to that applicant, for a fee of no more than $1.50.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2167. Upon the personal or written application of any person, the county elections official shall, at a fee not to exceed one dollar and fifty cents ($1.50), provide the applicant with a certified copy of the entries upon the register relating to the applicant. A certified copy of an uncanceled affidavit of registration is prima facie evidence that the person named in the entry is a voter of the county. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  55. 2168.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must establish and maintain a statewide system for reporting election results and voter and candidate information.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4. Forms [2150 - 2168] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2168. The Secretary of State shall establish and maintain a statewide system to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration. (Amended by Stats. 2015, Ch. 728, Sec. 38. (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.)
  56. 2170.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. )

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    This section lets eligible voters use conditional voter registration during the 14 days before an election or on election day, and it requires county elections officials to process, verify, and handle those registrations and ballots in specific ways.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. ) ## 2170. (a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). (b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution, including military and overseas voters and voters with disabilities, may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f), during the 14 days immediately preceding an election or on election day pursuant to this article. (c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. (2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. (d) The county elections official shall offer conditional voter registration and voting pursuant to this article, in accordance with all of the following procedures: (1) The elections official shall provide conditional voter registration and voting pursuant to this article at all permanent and satellite offices of the county elections official and all polling places in the county. (2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). (3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding ballot. (4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information. (5) If a conditional registration is deemed effective, the elections official shall include the corresponding ballot in the official canvass. (e) After receiving a conditional voter registration, the elections official shall provide a provisional ballot in accordance with the following procedures: (1) If the elections office, satellite office, or polling place is equipped with an electronic poll book, or other means to determine the voter’s precinct, the elections official shall provide the voter with a ballot for the voter’s precinct if the ballot is available. The ballot may be cast by any means available at the elections office, satellite office, or polling place. (2) If the elections official is unable to determine the voter’s precinct, or a ballot for the voter’s precinct is unavailable, the elections official shall provide the voter with a ballot and inform the voter that only the votes for the candidates and measures on which the voter would be entitled to vote in the voter’s assigned precinct may be counted pursuant to paragraph (3) of subdivision (c) of Section 14310. The ballot may be cast by any means available at the elections office, satellite office, or polling place. (3) Notwithstanding paragraph (2), if the elections official is able to determine the voter’s precinct, but a ballot for the voter’s precinct is unavailable, the elections official may inform the voter of the location of the voter’s polling place. A voter described in this paragraph shall not be required to vote at the voter’s polling place and may instead, at the voter’s choosing, cast a ballot pursuant to paragraph (2). (4) This subdivision does not apply to elections conducted pursuant to Section 4005. (f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following: (1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot: (A) Verify that the registrant is deemed eligible to register to vote. (B) Verify that the registrant has not voted in the state in that election. (C) Verify that the registrant has not been included on a roster for that election in another county in the state that is not conducting elections pursuant to Section 4005. (D) Update the voter’s record to indicate that the voter has voted in that election. (2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election. (g) The Secretary of State may adopt emergency regulations to implement this section. The Legislature finds and declares that such regulations are necessary for the immediate preservation of the public peace, health, safety, or general welfare because the regulations will ensure that elections officials have sufficient time to ensure that elections are held in a safe and accessible manner. (Amended by Stats. 2023, Ch. 479, Sec. 3. (AB 1762) Effective January 1, 2024.)
  57. 2171.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. )

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    Conditional voter registrations must include required Article 4 information and be processed under general voter registration procedures and Secretary of State regulations; provisional ballots cast under this article are subject to provisional voting requirements.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. ) ## 2171. (a) A conditional voter registration accepted under this article shall include the information required by Article 4 (commencing with Section 2150). (b) A conditional voter registration accepted under this article shall be processed in accordance with general voter registration procedures provided in this chapter and established by regulations adopted by the Secretary of State. (c) A provisional ballot cast under this article shall be subject to the requirements for provisional voting in Article 5 (commencing with Section 14310) of Chapter 3 of Division 14. (Added by Stats. 2012, Ch. 497, Sec. 2. (AB 1436) Effective January 1, 2013. Operative January 1, 2017, by Stats. 2012, Ch. 497, by Sec. 6, pursuant to the certification issued by the Secretary of State on September 26, 2016.)
  58. 2172.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. )

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    The elections official must cancel duplicate voter registrations caused by an effective conditional registration, and must immediately notify the district attorney and the Secretary of State in writing if a registrant may have committed fraud.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. ) ## 2172. (a) The elections official shall cancel any duplicate voter registrations that may exist as a result of a conditional registration deemed effective and shall cancel the duplicate registrations in accordance with Chapter 3 (commencing with Section 2200). (b) If it appears that a registrant may have committed fraud within the meaning of Section 18560, the elections official shall immediately notify in writing both the district attorney and the Secretary of State. (Added by Stats. 2012, Ch. 497, Sec. 2. (AB 1436) Effective January 1, 2013. Operative January 1, 2017, by Stats. 2012, Ch. 497, by Sec. 6, pursuant to the certification issued by the Secretary of State on September 26, 2016.)
  59. 2173.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. )

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    Fraud in conditional voter registration can lead to jail, a fine, or both, plus a separate civil fine.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 4.5. Conditional Voter Registration [2170 - 2173] ( Article 4.5 added by Stats. 2012, Ch. 497, Sec. 2. ) ## 2173. (a) Notwithstanding any other law, a person who commits fraud in the execution of a conditional voter registration pursuant to this article shall be punishable by imprisonment in the county jail for up to one year, or a fine up to twenty-five thousand dollars ($25,000), or by both that fine and imprisonment. (b) In addition to the criminal penalties prescribed in subdivision (a), a person who commits fraud in the execution of a conditional voter registration pursuant to this article shall be subject to a civil fine of an amount up to twenty-five thousand dollars ($25,000). An action for a civil penalty under this subdivision may be brought by the Secretary of State or any public prosecutor with jurisdiction. (c) Nothing in this section shall preclude the prosecution of a person under any other applicable provision of law. (Added by Stats. 2012, Ch. 497, Sec. 2. (AB 1436) Effective January 1, 2013. Operative January 1, 2017, by Stats. 2012, Ch. 497, by Sec. 6, pursuant to the certification issued by the Secretary of State on September 26, 2016.)
  60. 2183.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    Election officials must provide roster copies and updates, remove canceled voters, and the county elections official may charge reimbursement costs.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2183. (a) The elections official shall supply an electronic copy, or paper copy upon request, of the roster and of supplements to the roster, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply copies of the roster and supplements as may be requested by the elections official of a city, school district, or other body. The name of each voter whose affidavit of registration has been canceled shall be removed from the roster and supplement. The county elections official may charge an amount sufficient to reimburse the county for the expense incurred in preparing and furnishing the roster and supplements. (b) (1) The roster shall contain the name, address, residence telephone number if furnished, and political party preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter. (2) The name shall include the given name and the middle name or initials, if any. At the affiant’s option, the given name may be preceded by the designation “Miss,” “Ms.,” “Mrs.,” or “Mr.” (Amended by Stats. 2017, Ch. 806, Sec. 13. (SB 286) Effective January 1, 2018.)
  61. 2184.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    On request or written demand, the county elections official must provide the election roster and may charge fifty cents per thousand names.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2184. Upon request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee the roster for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund. (Amended by Stats. 2017, Ch. 806, Sec. 14. (SB 286) Effective January 1, 2018.)
  62. 2185.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    On written request, the county elections official must provide certain election rosters to specified party committee chairs, free of charge.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2185. Upon written request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the roster for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The county elections official shall furnish one copy per election in an electronic form, or in paper form upon request, of the rosters specified in this section. (Amended by Stats. 2017, Ch. 806, Sec. 15. (SB 286) Effective January 1, 2018.)
  63. 2187.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    County elections officials must notify the Secretary of State when listed voter-count information is available, and the Secretary of State must compile and provide a statewide voter list. The Secretary of State may also set additional reporting times, but no more than 12 in a year.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2187. (a) Each county elections official shall provide notice to the Secretary of State that the following information is available: (1) The total number of voters in the county. (2) The number registered as preferring each qualified political party. (3) The number registered as preferring nonqualified parties. (4) The number registered without choosing a political party preference. (5) The number of voters by political party preferences in each of the following political subdivisions, located in whole or in part within the county: (A) A supervisorial district. (B) Congressional district. (C) Senate district. (D) Assembly district. (E) Board of Equalization district. (F) Cities and unincorporated areas. (b) The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state. (c) The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times: (1) On the 135th day before each presidential primary and before each direct primary, with respect to all voters who are registered voters on the 154th day before the primary election. (2) Not less than 50 days before the primary election, with respect to all voters who are registered voters on the 60th day before the primary election. (3) Not less than seven days before the primary election, with respect to all voters who are registered voters on the 15th day before the primary election. (4) Not less than 102 days before each presidential general election, with respect to all voters who are registered voters on the 123rd day before the presidential general election. (5) Not less than 50 days before the general election, with respect to all voters who are registered voters on the 60th day before the general election. (6) Not less than seven days before the general election, with respect to all voters who are registered voters on the 15th day before the general election. (7) On or before March 1 of each odd-numbered year, with respect to all voters who are registered voters on February 10. (d) The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12. (Amended by Stats. 2018, Ch. 269, Sec. 1. (AB 3258) Effective January 1, 2019.)
  64. 2188.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    Rules for applications to obtain voter registration information: applicants must provide specified identifying and use information, the elections official checks identification, applications are kept for five years, and counties may not provide information outside their county coverage.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2188. (a) Any application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county shall be made pursuant to this section. (b) The application shall set forth all of the following: (1) The printed or typed name of the applicant in full. (2) The complete residence address and complete business address of the applicant, giving street and number. If no street or number exists, a postal mailing address as well as an adequate designation sufficient to readily ascertain the location. (3) The telephone number of the applicant, if one exists. (4) The number of the applicant’s driver’s license, state identification card, or other identification approved by the Secretary of State if the applicant does not have a driver’s license or state identification card. (5) The specific information requested. (6) A statement of the intended use of the information requested. (c) If the application is on behalf of a person other than the applicant, the applicant shall, in addition to the information required by subdivision (b), set forth all of the following: (1) The name of the person, organization, company, committee, association, or group requesting the voter registration information, including their complete mailing address and telephone number. (2) The name of the person authorizing or requesting the applicant to obtain the voter registration information. (d) The elections official shall request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form. (e) The applicant shall certify to the truth and correctness of the content of the application, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The applicant shall state the date and place of execution of the declaration. (f) Completed applications for voter registration information shall be retained by the elections official for five years from the date of application. (g) This section shall not apply to requests for information by elections officials for election purposes or by other public agencies for governmental purposes. (h) The Secretary of State may prescribe additional information to be included in the application for voter registration information. (i) A county may not provide information for any political subdivision that is not wholly or partially contained within that county. (Amended by Stats. 2015, Ch. 728, Sec. 46. (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.)
  65. 2188.1.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    The Secretary of State may insert fictitious voter names into the voter registration information database for investigative and enforcement purposes.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2188.1. The Secretary of State may insert fictitious names of voters into the voter registration information database as an investigative and enforcement tool for determining inappropriate or unauthorized uses of voter registration information. (Amended by Stats. 2015, Ch. 728, Sec. 47. (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.)
  66. 2188.2.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    The Secretary of State must adopt regulations on best practices for storing and securing voter registration information, and may require applicants to take a free data-security training course before receiving that information.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2188.2. (a) The Secretary of State shall adopt regulations that describe the best practices for storage and security of voter registration information received by an applicant pursuant to Section 2188. (b) The Secretary of State may require an applicant to take a training course regarding data security as a condition for the receipt of voter registration information if that course is made available to the applicant at no cost to the applicant. (Amended by Stats. 2019, Ch. 106, Sec. 1. (AB 1044) Effective January 1, 2020.)
  67. 2188.3.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    A person or entity that received voter registration information under Section 2188 must disclose any security breach to the Secretary of State as soon as possible and without unreasonable delay.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2188.3. A person or entity who has received voter registration information pursuant to an application made under Section 2188 shall, following discovery or notification of a breach in the security of the storage of the information, disclose the breach in security to the Secretary of State. The disclosure shall be made in the most expedient time possible and without unreasonable delay. (Added by Stats. 2018, Ch. 96, Sec. 2. (AB 1678) Effective July 16, 2018.)
  68. 2188.5.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    Certain people who request voter information or obtain petition-related information must not send it outside the United States or make it electronically available to people outside the United States.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2188.5. (a) A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, political party qualification, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet. (b) For purposes of this section, “United States” includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States. (Amended by Stats. 2015, Ch. 728, Sec. 48. (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.)
  69. 2189.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    Before polls open for a countywide election, the county elections official must deliver roster copies to each precinct board.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2189. Before the first day of the opening of the polls for any election held throughout the county, the county elections official shall deliver to the precinct board in each precinct at least one printed or electronic copy of the roster for that polling place, with canceled names lined out or otherwise indicated and with necessary supplements to bring the roster up to date. (Amended by Stats. 2017, Ch. 806, Sec. 16. (SB 286) Effective January 1, 2018.)
  70. 2191.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    On request, the elections official must compile a precinct voter list or file of all people who voted in prior elections, and eligible requesters may obtain it in writing.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2191. (a) Upon request, the elections official shall compile a voter list or file, by precinct, of all persons who voted in previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3. (b) Information compiled pursuant to this section shall include the information that is required to appear in the index as set forth in Section 2183. (c) Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the voter list or file compiled pursuant to this section. The elections official shall inform any recipient of this information whether the voter list or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information as a condition to furnishing the information contained in this section. (Amended by Stats. 2017, Ch. 806, Sec. 17. (SB 286) Effective January 1, 2018.)
  71. 2193.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    The Secretary of State must identify possible duplicate voter registrations using county election officials’ information, merge registrations found to be duplicates, and keep the most recent registration as the active record.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2193. The Secretary of State shall, from the information furnished by the county elections officials pursuant to Section 2187, identify possible duplicate voter registrations. Those voter registrations determined to be duplicates shall be merged and the voter registration bearing the most recent date shall be the active record for that voter. (Amended by Stats. 2015, Ch. 728, Sec. 52. (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.)
  72. 2194.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    Most voter registration affidavit information is confidential, with limited permitted disclosures and uses.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code: (1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections official’s office. (2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to: (A) The harassment of any voter or voter’s household. (B) The advertising, solicitation, sale, or marketing of products or services to any voter or voter’s household. (C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3). (3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, 2166.9, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. (4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code. (b) (1) Notwithstanding any other law, the California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person. (2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c). (c) (1) The home address or signature of any voter shall be released whenever the person’s vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge. (2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied. (d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness. (e) For purposes of this section, “voter’s household” is defined as the voter’s place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150. (f) (1) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voter’s signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, 2166.9, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. (2) Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format. The daily update shall also include, as applicable, information regarding whether a form has been received from the voter to verify their signature pursuant to subdivision (d) of Section 3019, whether a form has been received or the voter has otherwise provided a signature pursuant to subdivision (e) of Section 3019, and whether the signature provided pursuant to subdivision (d) or (e) of Section 3019 did or did not compare. (Amended by Stats. 2025, Ch. 300, Sec. 2.5. (AB 1392) Effective January 1, 2026.)
  73. 2194.1.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. )

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    Certain voter registration affidavits become public after 100 years; if they are in a great register covering more than one year, they stay unavailable until the whole register has been recorded for at least 100 years.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2. Registration [2100 - 2194.1] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 5. Roster [2183 - 2194.1] ( Heading of Article 5 amended by Stats. 2017, Ch. 806, Sec. 12. ) ## 2194.1. Any affidavit of registration information identified in Section 7924.000 of the Government Code in existence 100 years after the creation of the record shall be available to the public. If records are contained in the great registers of voters and the bound register contains information covering more than one year, the records shall not be available to the public until the entire contents of the register have been recorded for at least 100 years. (Amended by Stats. 2021, Ch. 615, Sec. 93. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  74. 2196.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Online Voter Registration [2196 - 2198] ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. )

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    California allows eligible voters with a valid California driver’s license or state ID to submit voter registration electronically, and requires identity checks, signature handling, and security measures.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Online Voter Registration [2196 - 2198] ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. ) ## 2196. (a) (1) Notwithstanding any other law, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Secretary of State’s internet website. (2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit. (3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit. (4) The affidavit shall contain, before or at the time that the applicant affirmatively assents to the use of the applicant’s signature pursuant to paragraph (5), a statement that the county elections official shall compare the affiant’s signature appearing on an identification envelope for the return of a vote by mail ballot cast in a future election with the signatures appearing in the voter’s registration record, including the signature appearing on the applicant’s driver’s license or state identification card. (5) For voter registration purposes, the applicant shall affirmatively assent to the use of the applicant’s signature from the applicant’s driver’s license or state identification card. (6) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from the applicant’s driver’s license or state identification card directly from the Department of Motor Vehicles. (7) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following: (A) The number from the person’s California driver’s license or state identification card. (B) The person’s date of birth. (C) The last four digits of the person’s social security number. (D) Any other information the Secretary of State deems necessary to establish the identity of the affiant. (8) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following: (A) That the applicant has a California driver’s license or state identification card and that the number for that driver’s license or identification card provided by the applicant matches the number for that person’s driver’s license or identification card that is on file with the Department of Motor Vehicles. (B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles. (9) The Secretary of State shall employ security measures to ensure the accuracy and integrity of affidavits of voter registration submitted electronically pursuant to this section. (b) The Department of Motor Vehicles shall use the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (c) The Department of Motor Vehicles and the Secretary of State shall maintain a process and the infrastructure to allow the electronic copy of the applicant’s signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section. (d) If an applicant cannot electronically submit the information required pursuant to paragraph (7) of subdivision (a), the applicant shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s internet website, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official. (Amended by Stats. 2023, Ch. 131, Sec. 53. (AB 1754) Effective January 1, 2024.)
  75. 2197.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Online Voter Registration [2196 - 2198] ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. )

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    The California Health Benefit Exchange must set up the process and infrastructure needed to let eligible online applicants submit a voter registration affidavit electronically on the Secretary of State’s website by July 1, 2014.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Online Voter Registration [2196 - 2198] ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. ) ## 2197. No later than July 1, 2014, the California Health Benefit Exchange shall implement a process and the infrastructure to allow a person who applies online with the California Health Benefit Exchange for service or assistance, or who submits a recertification, renewal, or change of address form relating to the service or assistance online, to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State in accordance with this chapter. (Added by Stats. 2012, Ch. 505, Sec. 1. (SB 35) Effective January 1, 2013. Section operative September 26, 2016, when Stats. 2015, Ch. 728, amended Section 2196 and deleted its condition in former subd. (e) that restricted the operation of Chapter 2.5 (Sections 2196 to 2198).)
  76. 2198.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Online Voter Registration [2196 - 2198] ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. )

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    State-maintained websites must put a homepage link to the Secretary of State’s online voter registration page.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 2.5. Online Voter Registration [2196 - 2198] ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. ) ## 2198. Each Internet Web site maintained by the state shall include a hyperlink on the site’s homepage to the online voter registration page of the Internet Web site of the Secretary of State. (Added by Stats. 2013, Ch. 277, Sec. 1. (SB 44) Effective January 1, 2014. Section operative September 26, 2016, when Stats. 2015, Ch. 728, amended Section 2196 and deleted its condition in former subd. (e) that restricted the operation of Chapter 2.5 (Sections 2196 to 2198).)
  77. 2200.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A voter’s registration stays permanent for life unless it is canceled under this article by the Secretary of State or the county elections official.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2200. The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article. (Amended by Stats. 2015, Ch. 728, Sec. 55. (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.)
  78. 22000.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Special Districts [22000 - 22001] ( Chapter 8 added by Stats. 1998, Ch. 435, Sec. 1. )

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    Special district boards must adopt division boundaries by resolution, update them after annexations or census-triggered events, and avoid changing boundaries within 180 days before a director election unless Section 21140 allows it.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Special Districts [22000 - 22001] ( Chapter 8 added by Stats. 1998, Ch. 435, Sec. 1. ) ## 22000. (a) Following a special district’s decision to elect its board of directors using district-based elections, or following each federal decennial census for a special district whose board of directors is already elected using district-based elections, the board of directors shall, by resolution, adopt boundaries for all of the divisions of the special district pursuant to Chapter 2 (commencing with Section 21100). (b) The resolution specified in subdivision (a) shall be adopted by a vote of not less than a majority of the directors. (c) At the time of, or after, any annexation of territory to the district, the board of directors shall designate, by resolution, the division of which the annexed territory shall be a part. (d) Except as provided in Section 21140, no change in division boundaries may be made within 180 days preceding the election of any director. (e) (1) A change in division boundaries shall not affect the term of office of any director. (2) If division boundaries are adjusted, the director of the division whose boundaries have been adjusted shall continue to be the director of the division bearing the number of that division as formerly comprised until the office becomes vacant by means of term expiration or otherwise, whether or not the director is a resident within the boundaries of the division as adjusted. The director shall continue to represent the constituents residing in the district boundaries from which the director was elected for the duration of that term of office. This section does not prevent a board from assigning a director or special district official to provide constituent services to residents of an area that is temporarily not represented by a director due to redistricting. (f) The successor to the office in a division whose boundaries have been adjusted shall be a resident and voter of that division. (g) A district is not required to adjust the boundaries of any divisions pursuant to this section until after the 2000 federal decennial census. (h) This section shall not be construed to prohibit or restrict a district from adjusting the boundaries of any divisions pursuant to Chapter 2 (commencing with Section 21100) whenever the board of directors of the district determines by a two-thirds vote of the board that a sufficient change in population has occurred that makes it desirable in the opinion of the board to adjust the boundaries of any divisions, or whenever any territory is added by or excluded from the district. (Amended by Stats. 2023, Ch. 343, Sec. 50. (AB 764) Effective January 1, 2024.)
  79. 22001.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Special Districts [22000 - 22001] ( Chapter 8 added by Stats. 1998, Ch. 435, Sec. 1. )

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    This chapter and Chapter 2 do not apply to certain special districts.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Special Districts [22000 - 22001] ( Chapter 8 added by Stats. 1998, Ch. 435, Sec. 1. ) ## 22001. This chapter and Chapter 2 (commencing with Section 21100) do not apply to special districts in which only landowners vote for directors or whose directors are all elected at large or appointed. (Repealed and added by Stats. 2023, Ch. 343, Sec. 52. (AB 764) Effective January 1, 2024.)
  80. 2201.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The county elections official must cancel a voter registration in specified cases, and the Secretary of State may do so in some cases.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2201. (a) The county elections official shall cancel the registration in the following cases: (1) At the signed, written request of the person registered. (2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason. (3) Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason. (4) Upon the production of a certified copy of a judgment directing the cancellation to be made. (5) Upon the death of the person registered. (6) Pursuant to Article 2 (commencing with Section 2220). (7) Upon official notification that the voter is registered to vote in another state. (8) Upon proof that the person is otherwise ineligible to vote. (b) The Secretary of State may cancel the registration in the following cases: (1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. (2) Upon proof that the person is presently imprisoned for the conviction of a felony. (3) Upon the death of the person registered. (c) (1) Between 15 and 30 days, inclusive, before canceling a person’s registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter. (A) The forwardable notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (B) The notice shall include a statement substantially similar to the following: “IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable. If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free. If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].” (2) The preaddressed return form described in paragraph (1) shall include all of the following: (A) Space for the voter to provide their current place of residence. (B) Space for the voter to provide their current mailing address, if different from the place of residence. (C) A box next to a statement substantially similar to the following: “The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.” (D) Space for the voter to provide their signature and the date. (3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation. (d) This section shall become operative on July 1, 2025. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 424, Sec. 2. (AB 2951) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  81. 2202.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The county elections official must keep uncanceled voter registration affidavits securely and confidentially, may store them on certain non-editable electronic media instead of keeping the originals, may dispose of transferred affidavits, and the Secretary of State may adopt regulations for this section.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2202. (a) The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194. The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2183) of Chapter 2. (b) In lieu of maintaining uncanceled affidavits of registration, the county elections official may microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section. (Amended by Stats. 2015, Ch. 728, Sec. 57. (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.)
  82. 2205.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The local registrar of births and deaths must notify the county elections official each month about certain deceased persons, and the county elections official must cancel those voters’ registration affidavits.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2205. The local registrar of births and deaths shall notify the county elections official not later than the 15th day of each month of all deceased persons 16 years of age and over, whose deaths were registered with him or her or of whose deaths he or she was notified by the State Registrar of Vital Statistics during the preceding month. This notification shall include at least the name, sex, age, birthplace, birth date, place of residence, and date and place of death of each decedent. The county elections official shall cancel the affidavit of registration of the deceased voter. (Amended (as amended by Stats. 2009, Ch. 364, Sec. 5) by Stats. 2014, Ch. 619, Sec. 6. (SB 113) Effective January 1, 2015. Amendment by Stats. 2009, Ch. 364, with text revised by this amendment, became operative on September 26, 2016, when the Secretary of State issued the certification prescribed by Sec. 7 of Ch. 364.)
  83. 2206.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must adopt regulations to make death statistics from the State Department of Health Services available for use in canceling deceased persons’ voter registration affidavits.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2206. The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons. (Amended by Stats. 2015, Ch. 728, Sec. 60. (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.)
  84. 2208.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person is generally presumed competent to vote, but can be disqualified if a court finds by clear and convincing evidence that the person cannot communicate a desire to participate in voting and certain conservatorship or related conditions exist.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2208. (a) A person is presumed competent to vote regardless of the person’s conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply: (1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code. (2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. (3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the person’s trial or judgment has been suspended pursuant to Section 1370 of the Penal Code. (4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. (b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting. (c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration: (1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150. (2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5. (3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150. (4) Completes the affidavit of voter registration with reasonable accommodations. (e) This section shall become operative on January 1, 2024. (Amended by Stats. 2025, Ch. 67, Sec. 69. (AB 1170) Effective January 1, 2026.)
  85. 2209.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The court investigator must review whether a person under a qualifying conservatorship can communicate a desire to vote, and the court may then hold hearings, restore voter-registration rights, or order disqualification depending on the findings.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process. (b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the person’s right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) This section shall become operative on January 1, 2024. (Repealed (in Sec. 5) and added by Stats. 2022, Ch. 807, Sec. 6. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  86. 2210.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    A person under a qualifying conservatorship may contest disqualification from voting, and the court must give notice to the Secretary of State in specified restoration or termination situations.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code. (b) When the conservatorship described in subdivision (a) terminates after one year, the person’s right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting. (c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) This section shall become operative on January 1, 2024. (Repealed (in Sec. 7) and added by Stats. 2022, Ch. 807, Sec. 8. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  87. 2211.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Certain persons are disqualified from voting or registering to vote while involuntarily confined in a public or private facility under a court order. The court must also notify the Secretary of State when commitment is ordered and if the person is later released.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility. (b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) This section shall become operative on January 1, 2024. (Repealed (in Sec. 9) and added by Stats. 2022, Ch. 807, Sec. 10. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  88. 2211.5.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The clerk of each county superior court must regularly notify the Secretary of State about certain voting-competency findings and related proceedings, and the Secretary of State and elections officials must process that information to cancel registrations or notify people whose voting rights were restored.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following: (1) All findings made by the court regarding any person’s competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerk’s last report. (2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerk’s last report. (b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following: (1) Personal identification information for the affected person, including all of the following: (A) All known first names. (B) All known last names. (C) All known middle names. (D) All known name suffixes. (E) Last known address. (F) Date of birth. (G) Last four digits of the person’s social security number, if available. (H) Driver’s license or state-issued identification number, if available. (2) The court case number. (3) The date of the order affecting the individual’s voting rights. (4) Whether the court’s order is made pursuant to Section 2208, 2209, 2210, or 2211. (5) Whether the legal effect of the court’s order is a disqualification or a restoration of the right to vote. (6) A certification, if applicable, that the individual has been disqualified from voting due to the court’s finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process. (c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b). (d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following: (1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b). (2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the court’s order is to disqualify or restore the right to vote, to the appropriate county elections official. (e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable: (1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court. (2) (A) If a person’s right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the county’s voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses. (B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A). (f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State. (g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the person’s registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote. (h) This section shall become operative on January 1, 2024. (Added by Stats. 2022, Ch. 807, Sec. 11. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  89. 2212.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section requires correction and election officials to exchange inmate/parole identification information and update voter registration records, including cancelling some registrations and notifying eligible people that their voting rights are restored.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2212. (a) For purposes of this section, the following definitions apply: (1) “Conviction” has the same meaning as set forth in Section 2101. (2) “Department” means the Department of Corrections and Rehabilitation. (3) “Imprisoned” has the same meaning as set forth in Section 2101. (4) “Parole” means a term of supervision by the department. (5) “Statewide voter database” means the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (b) The department shall provide to the Secretary of State, on a weekly basis and in a format prescribed by the Secretary of State, the identification information described in subdivision (c) for all of the following persons: (1) Persons imprisoned for the conviction of a felony and under the jurisdiction of the department. To the extent available, identification information provided by the department regarding these persons shall include the date on which each person’s term of imprisonment began. (2) Persons on parole or persons released from imprisonment for the conviction of a felony and no longer under the jurisdiction of the department. To the extent available, identification information provided by the department regarding these persons shall include the dates on which each person’s parole began and on which the person was discharged from the jurisdiction of the department. (c) Personal identification information for the purposes of subdivision (b) includes all of the following: (1) All known first names. (2) All known last names. (3) All known middle names. (4) All known name suffixes. (5) Last known address. (6) Date of birth. (7) Last four digits of the person’s social security number, if available. (8) Driver’s license or state-issued identification number, if available. (d) Upon receipt of the information described in subdivision (b), the Secretary of State shall do all the following: (1) Identify any registration record in the statewide voter database that contains personal identifying information that, for each of the unique identifiers described in subdivision (c), as available, matches information pertaining to the person described in subdivision (b). (2) For any matched records described in paragraph (1), provide the information described in subdivision (b) and the corresponding unique identifier or identifiers used in the statewide voter database to county elections officials within three days of receipt of the information from the department. (e) Upon receipt of information from the Secretary of State pursuant to subdivision (d), a county elections official shall do all of the following: (1) Cancel the affidavit of registration of any person described in paragraph (1) of subdivision (b) whose registration information matches the unique identifier or identifiers used in the statewide voter database provided by the Secretary of State to the county. (2) Using the form prepared by the Secretary of State pursuant to subdivision (f), notify a person described in paragraph (2) of subdivision (b), and whose last known address is within the county based on the unique identifier or identifiers used in the statewide voter database provided by the Secretary of State to the county, that the person’s voting rights are restored and advise the person that if the person is otherwise entitled to register to vote, the person may register to vote. The county elections official shall also provide the person with information regarding the procedure for registering to vote. (f) The Secretary of State shall prepare a form to be used by county elections officials to provide the notice described in paragraph (2) of subdivision (e). (g) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official have received erroneous information from the Secretary of State or the department. (h) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the person’s registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote. (Repealed and added by Stats. 2022, Ch. 14, Sec. 4. (SB 504) Effective March 31, 2022.)
  90. 2213.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Any person may sue in superior court to force cancellation of an illegal voter registration or one that should be canceled because later facts require it.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2213. Any person may proceed by action in the superior court to compel the county elections official to cancel any registration made illegally or which should be canceled by reason of facts that have occurred subsequent to the registration. If the voter whose registration is sought to be canceled is not a party to the action, the court may order him or her to be made a party defendant. The county elections official and as many persons against whom there are causes of action may be joined as defendants. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  91. 2214.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Secretary of State must publish a monthly report and, with the Judicial Council, provide a web-based training. Court executive officers and county elections officials must complete that training at least annually.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 1. General Provisions [2200 - 2214] ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county. (b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of State’s internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration. (c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State. (d) This section shall become operative on January 1, 2024. (Added by Stats. 2022, Ch. 807, Sec. 12. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.)
  92. 2220.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    The county elections official must run a preelection residency confirmation procedure and finish it 90 days before the primary election.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2220. (a) The county elections official shall conduct a preelection residency confirmation procedure as provided in this article. This procedure shall be completed by the 90th day immediately before the primary election. The procedure shall be initiated by mailing a nonforwardable postcard to each registered voter of the county preceding the direct primary election. Postcards mailed pursuant to this article shall be sent “Address Correction Requested, Return Postage Guaranteed,” and shall be in substantially the following form: “We are requesting your assistance in correcting the addresses of voters who have moved and have not reregistered. “1. If you still live at the address noted on this postcard, your voter registration will remain in effect and you may disregard this notice. “2. If the person named on this postcard is not at this address, please return this postcard to your mail carrier.” (b) The county elections official, at the county elections official’s discretion, shall not be required to mail a residency confirmation postcard pursuant to subdivision (a) to any of the following: (1) A voter who has voted at an election held within the last six months preceding the start of the confirmation procedure. (2) A voter who has confirmed the voter’s voter registration records on the internet website of the Secretary of State within the last year preceding the start of the confirmation procedure. (3) A person under 18 years of age who has submitted a properly executed affidavit of registration pursuant to subdivision (d) of Section 2102 and who will not be 18 years of age on or before the primary election. (Amended by Stats. 2019, Ch. 262, Sec. 1. (AB 504) Effective January 1, 2020. Section operative as prescribed by Sec. 9 of Stats. 2019, Ch. 262.)
  93. 2221.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    County elections officials must update certain voter records after residency confirmation postcards are returned and mail confirmation notices.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2221. (a) Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions: (1) The voter registration status of a voter whose residency confirmation postcard is returned by the post office as undeliverable and who has no forwarding address shall be updated by the county elections official to inactive pursuant to paragraph (2) of subdivision (a) of Section 2226, and the voter shall be mailed a confirmation notice, as described in subdivision (c) of Section 2225. (2) The voter registration record of a voter for whom a forwarding address within the county or outside the county is received shall be immediately updated by the county elections official to reflect the new address provided by the post office, the former address shall be maintained with the voter registration record, and the voter shall be mailed a confirmation notice, as described in subdivision (b) of Section 2225. (b) All updates to a voter’s registration record made pursuant to this section shall be reflected on the voter list as required by Section 2191. (Amended by Stats. 2019, Ch. 262, Sec. 2. (AB 504) Effective January 1, 2020.)
  94. 2222.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    The Secretary of State or a county elections official may use postal change-of-address data instead of mailing a residency confirmation postcard, and the Secretary of State must share received data with county elections officials through the statewide voter registration database.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2222. In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the Secretary of State or a county elections official may contract with the United States Postal Service or its licensees to obtain use of postal service change-of-address data, such as the National Change of Address System (NCOA) and Operation Mail. The data received by the Secretary of State pursuant to this section shall be shared with county elections officials through the statewide voter registration database. (Amended by Stats. 2019, Ch. 262, Sec. 3. (AB 504) Effective January 1, 2020.)
  95. 2223.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    The county elections official may use the voter information guide or its envelope, instead of mailing a residency confirmation postcard, in the circumstances described here.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2223. (a) In lieu of mailing a residency confirmation postcard to each registered voter in the county, the county elections official may include the return address of the county elections official’s office on the outside portion of the county voter information guide or county voter information guide envelope mailed to the voter for an election conducted within the last six months preceding the start of the confirmation process, along with the statements “Address Correction Requested” and “Notice: If the person named on the county voter information guide is not at the address, please help keep the voter rolls current and save taxpayer dollars by returning this county voter information guide to your mail carrier.” (b) A voter not eligible for an election during the last six months preceding the start of the confirmation process, or a voter not mailed a county voter information guide with an address correction requested, shall have his or her address confirmed by either a residency confirmation postcard or an address verification mailing conducted pursuant to this article using NCOA/Operation Mail data pursuant to Section 2222 or consumer credit reporting agency data pursuant to Section 2227. (Amended by Stats. 2016, Ch. 422, Sec. 7. (AB 2911) Effective January 1, 2017.)
  96. 2224.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    County elections officials may send a residency-confirmation postcard to certain inactive voters, but not for the Section 2220 process. Counties using the procedure must notify voters, the postcard must be forwardable with a return form, and address changes must be received in writing.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2224. (a) If a voter has not voted in an election within the preceding four years, and the voter’s residence address, name, or party preference has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or county voter information guide returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form: “If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.” “IMPORTANT NOTICE” “According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in California you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.” “If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.” (b) The use of a toll-free number to confirm the old residence address is optional. A change to a voter’s address shall be received in writing. (c) A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the county voter information guide or in a separate mailing. (d) This section shall become inoperative on January 1, 2020, and, as of January 1, 2029, is repealed. (Amended by Stats. 2019, Ch. 262, Sec. 4. (AB 504) Effective January 1, 2020. Section inoperative January 1, 2020. Repealed as of January 1, 2029, by its own provisions)
  97. 2225.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    The county elections official must send address-confirmation notices in several move-related situations, and registration status is handled differently depending on the notice type.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2225. (a) (1) Based on change-of-address data received from the United States Postal Service or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information. (2) If notification received through NCOA or Operation Mail or a returned mailing indicates that a voter has moved and has given no forwarding address or indicates that a voter has moved out of the state, the county elections official shall send a forwardable notice in substantially the same format as the notice set forth in paragraph (2) of subsection (d) of Section 20507 of Title 52 of the United States Code. (b) If postal service change-of-address data indicates that the voter has moved to a new residence address in California, the forwardable notice shall be in substantially the following form: “We have received notification that you have moved to a new residence address in California. Your voter registration record has been updated to this new address. If this is correct, you do not have to take any action. If this is incorrect, you can notify our office by either returning the attached postage-paid postcard, or by calling toll free; you must notify us at least 15 days prior to the next election or you may be required to vote using a provisional ballot.” (c) If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address or indicates that a voter has moved out of the state, a forwardable notice shall be sent in substantially the same format as the notice set forth in paragraph (2) of subsection (d) of Section 20507 of Title 52 of the United States Code. (d) The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing. (e) Upon the mailing of the forwardable address confirmation notice described in subdivision (b) to a voter, the county elections official shall not update the status of the voter’s registration to inactive. (f) Upon the mailing of the forwardable address confirmation notice described in subdivision (c) to a voter, the county elections official shall update the status of the voter’s registration to inactive. (Amended by Stats. 2019, Ch. 262, Sec. 5. (AB 504) Effective January 1, 2020.)
  98. 2227.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. )

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    County elections officials may use a consumer credit reporting agency to check voter address changes instead of mailing a residency postcard, but they must follow notice, disclosure, and record-handling rules.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 2. Residency Confirmation Procedures [2220 - 2227] ( Article 2 repealed and added by Stats. 1996, Ch. 5, Sec. 2. ) ## 2227. (a) In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section. (b) If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur: (1) For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees. (2) The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed the voter’s residence address. (c) (1) Notwithstanding Section 2194 of this code or Section 7924.000 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voter’s name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section. (2) A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, 2166.7, 2166.8, or 2166.9 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (d) A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section. (e) Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form: “We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.” (f) The county elections official shall take all of the following actions as appropriate: (1) If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that the voter has moved to a new residence address in California, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, immediately update the voter’s registration record with the new residence address. (2) If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that the voter has moved to a new residence address, the elections official shall not update the status of the voter’s registration to inactive or cancel the voter registration. (g) For purposes of this section, “consumer credit reporting agency” has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code. (Amended by Stats. 2025, Ch. 300, Sec. 3. (AB 1392) Effective January 1, 2026.)
  99. 2240.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Reimbursable File Maintenance [2240 - 2241] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    The Controller must reimburse counties for additional costs of purging voter registration files, using money appropriated by the Legislature.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Reimbursable File Maintenance [2240 - 2241] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2240. From moneys appropriated by the Legislature, the Controller shall reimburse counties for additional costs incurred by counties for purging voter registration files pursuant to Article 2 (commencing with Section 2220). (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  100. 2241.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Reimbursable File Maintenance [2240 - 2241] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Claims under this article must state that the county had reimbursable costs and the county’s registered voter number, and they must be filed with the Controller by October 31 of the even-numbered year when a direct primary and general election are held.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 3. Cancellation and Voter File Maintenance [2200 - 2241] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## ARTICLE 3. Reimbursable File Maintenance [2240 - 2241] ( Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2241. Any claim submitted to the Controller pursuant to this article shall state that the county had reimbursable costs and the number of registered voters in the county as determined by the Secretary of State under subdivisions (c) and (d) of Section 2187. The claims shall be made to the Controller by October 31 of the even-numbered year in which a direct primary and general election are held. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  101. 2250.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Motor Voter [2250- 2250.] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    State agencies must include a voter-registration notice in certain mailed documents.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4. Motor Voter [2250- 2250.] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 2250. On and after July 1, 2007, in any document mailed by a state agency that offers a person the opportunity to register to vote pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) that state agency shall include a notice informing prospective voters that if they have not received voter registration information within 30 days of requesting it, they should contact their local elections office or the office of the Secretary of State. (Amended by Stats. 2016, Ch. 86, Sec. 88. (SB 1171) Effective January 1, 2017.)
  102. 2260.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    This chapter may be referred to as the California New Motor Voter Program.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2260. This chapter shall be known and may be cited as the California New Motor Voter Program. (Added by Stats. 2015, Ch. 729, Sec. 3. (AB 1461) Effective January 1, 2016.)
  103. 2261.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    This section states legislative findings about voter registration and says the Legislature intends to enact the California New Motor Voter Program.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2261. The Legislature finds and declares all of the following: (a) Voter registration is one of the biggest barriers to participation in our democracy. (b) In 1993, Congress enacted the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly known as the “Motor Voter Law,” with findings recognizing that the right of citizens to vote is a fundamental right; it is the duty of federal, state, and local governments to promote the exercise of the right to vote; and the primary purpose of the act is to increase the number of eligible citizens who register to vote. (c) It is the intent of the Legislature to enact the California New Motor Voter Program to provide California citizens additional opportunities to participate in democracy through exercise of their fundamental right to vote. (Added by Stats. 2015, Ch. 729, Sec. 3. (AB 1461) Effective January 1, 2016.)
  104. 2262.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    This section defines key terms used in the chapter, including “completed voter registration,” “Department,” and “driver’s license application.”

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2262. For purposes of this chapter, the following terms have the following meanings: (a) “Completed voter registration” and “completed voter registration application” mean the part of the driver’s license application containing the voter registration application for an applicant who has not affirmatively declined to register to vote, the transmittal of which is not prohibited by subdivision (f) of Section 2265, and which includes the minimum information necessary to prevent duplicate voter registrations and preregistrations, to assess the eligibility of the applicant, and to administer voter registration, preregistration, and other procedures for elections. (b) “Department” means the Department of Motor Vehicles. (c) “Driver’s license application” means a driver’s license or identification card application, renewal, or notification of a change of address pursuant to Section 12800, 12815, 13000, or 14600 of the Vehicle Code. (Amended by Stats. 2022, Ch. 28, Sec. 39. (SB 1380) Effective January 1, 2023.)
  105. 2263.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The Secretary of State and the department must establish the California New Motor Voter Program. The Secretary of State is solely responsible for deciding eligibility for voter registration, voter preregistration, and voting.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2263. (a) The Secretary of State and the department shall establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter under Section 2 of Article II of the California Constitution. (b) This chapter shall not be construed as requiring the department to determine eligibility for voter registration and voting. The Secretary of State is solely responsible for determining eligibility for voter registration, voter preregistration, and voting. (Added by renumbering Section 2262 by Stats. 2021, Ch. 314, Sec. 1. (AB 796) Effective January 1, 2022.)
  106. 2264.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    Driver’s license applications must include a voter registration application with limited required information and specific voter-eligibility disclosures; an attesting voter is registered unless they decline.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2264. (a) Every driver’s license application shall include a voter registration application. All of the following apply to the voter registration application included with the driver’s license application: (1) The voter registration application shall require only the minimum information necessary to prevent duplicate voter registrations and to enable the Secretary of State to assess the eligibility of the applicant and to administer voter registration and other procedures for elections. (2) The voter registration application shall not require any information that duplicates information required for the driver’s license application, other than an additional signature or other information required by paragraph (3). (3) The voter registration application shall include all of the following: (A) A statement of the voter eligibility requirements, including those regarding citizenship. (B) An attestation that the applicant meets each voter eligibility requirement. (C) The signature of the applicant, under penalty of perjury. (D) An opportunity to decline to register to vote. (b) A voter who attests to the voter’s eligibility shall be registered to vote unless the voter affirmatively declines to register to vote. (Added by Stats. 2021, Ch. 314, Sec. 5. (AB 796) Effective January 1, 2022.)
  107. 2265.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The department must share specified driver’s-license-related information and voter registration applications with the Secretary of State, while both agencies coordinate through an interagency agreement and follow limits on use and disclosure.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2265. (a) (1) The department, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section. (2) The department and the Secretary of State shall develop and enter into an interagency agreement specifying how the department and the Secretary of State will cooperate to fulfill the requirements of this chapter. The agreement shall be updated as necessary, and the current version of the agreement shall be published on the internet website of the Secretary of State, except those parts of the agreement for which publication would compromise security. (b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits a driver’s license application: (A) Name. (B) Date of birth. (C) Either or both of the following, as contained in the department’s records: (i) Residence address. (ii) Mailing address. (D) Digitized signature, as described in Section 12950.5 of the Vehicle Code. (E) Telephone number, if available. (F) Email address, if available. (G) Language preference, if available. (H) Political party preference, if available. (I) Whether the person chooses to become a permanent vote by mail voter, if available. (J) Whether the person affirmatively declined to become registered or preregistered to vote during a transaction with the department. (K) A notation that the applicant has attested that the person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102. (L) Other information specified in regulations implementing this chapter. (2) (A) A completed voter registration application included with a driver’s license application and accepted at the department shall be transmitted to the Secretary of State no later than 10 days after the department accepts it. (B) A completed voter registration application accepted within five days of the last day to register to vote for a federal or statewide election shall be transmitted to the Secretary of State no later than five days after the date of acceptance. (C) (i) For purposes of establishing the department’s transmittal deadlines required by this paragraph and by Section 20504(e) of Title 52 of the United States Code, the completed voter registration application included with the driver’s license application shall be deemed accepted on the date the completed voter registration application arrives at the department, whether by mail, in person, electronically, or in another manner, the application contains all of the information in paragraph (1) except to the extent paragraph (1) requires certain information to be provided only if available, and the department approves the documentation of identity submitted by the applicant that is required by the Vehicle Code for the type of license or identification card for which the applicant has applied. (ii) This subparagraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier. (3) (A) The department shall accept and transmit a completed voter registration application included with a driver’s license application as described in paragraph (2) even if, pursuant to the Vehicle Code, the driver’s license application is incomplete or the driver’s license or identification card associated with the voter who submitted the voter registration application is inactive due to a failure to pay fees, or any other reason that is unrelated to either of the following: (i) The department’s approval of an applicant’s identity documentation pursuant to the Vehicle Code. (ii) An elections official’s ability to prevent duplicate voter registrations or preregistrations, to assess the eligibility of the applicant, or to administer voter registration, preregistration, and other elections procedures. (B) This paragraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier. (4) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for purposes of outreach and education to eligible voters conducted by the Secretary of State. (B) The Secretary of State shall provide materials created for purposes of outreach and education as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the department pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194. (d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because the person is unable to submit satisfactory proof that the person’s presence in the United States is authorized under federal law. (e) Except as provided in paragraphs (2) and (3) of subdivision (b), the department shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following: (1) The state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (2) The Legislature has appropriated the funds necessary for the Secretary of State and the department to implement and maintain the California New Motor Voter Program. (3) The regulations required by Section 2277 have been adopted. (f) The department shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code. (g) It is the intent of the Legislature that the department continue its best practice of sending notice to voters when there is a delay in processing completed voter registration applications. It is further the intent of the Legislature that the notices continue to provide information about alternative options for submitting a voter registration application. (Amended by Stats. 2022, Ch. 28, Sec. 40. (SB 1380) Effective January 1, 2023.)
  108. 2266.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    Unauthorized disclosure or misuse of certain information is a misdemeanor; the Secretary of State must also protect confidentiality and track disclosures.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2266. (a) The willful, unauthorized disclosure of information obtained from the department pursuant to Section 2265 to any person, or the use of any false representation to obtain any of that information or the use of any of that information for a purpose other than as stated in Section 2265, is a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one year, or both fine and imprisonment. (b) The Secretary of State shall establish procedures to protect the confidentiality of the information acquired from the department pursuant to Section 2265. The disclosure of this information shall be governed by the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and the Secretary of State shall account for any disclosures, including those due to security breaches, in accordance with that act. (Added by renumbering Section 2264 by Stats. 2021, Ch. 314, Sec. 4. (AB 796) Effective January 1, 2022.)
  109. 2267.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The Secretary of State must register or preregister a person when the person’s records are a completed voter registration application, unless listed exceptions apply.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2267. (a) If the records of a person designated in paragraph (1) of subdivision (b) of Section 2265 constitute a completed voter registration application, the Secretary of State shall register the person to vote, or, as applicable, preregister the person to vote, unless any of the following conditions is satisfied: (1) The person’s records, as described in Section 2265, reflect that the person affirmatively declined to become registered or preregistered to vote during a transaction with the department. (2) The person’s records, as described in Section 2265, do not reflect that the person has attested to meeting all voter eligibility requirements specified in Section 2101 or, as applicable, all preregistration eligibility requirements in subdivision (d) of Section 2102. (3) The Secretary of State determines that the person is ineligible to vote or, as applicable, will be ineligible to vote when the person reaches 18 years of age. (b) If a person who is registered or preregistered to vote pursuant to this chapter does not provide a party preference, the person’s party preference shall be designated as “Unknown” on a voter registration index under Article 5 (commencing with Section 2183) of Chapter 2, and the person shall otherwise be treated as a “No Party Preference” voter. (c) If the Secretary of State receives from the department pursuant to paragraph (1) of subdivision (b) of Section 2265 the records of a person who is currently registered to vote, the Secretary of State shall use the information in the records to update the voter’s registration information. If the Secretary of State does not receive information for the voter pursuant to paragraph (1) of subdivision (b) of Section 2265 for which space is provided on the voter registration application, but that information was provided in the voter’s previous voter registration application, that information from the voter’s previous voter registration application shall remain part of the voter’s record. (Added by renumbering Section 2265 by Stats. 2021, Ch. 314, Sec. 6. (AB 796) Effective January 1, 2022.)
  110. 2268.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    A registered or preregistered voter may cancel their voter registration or preregistration at any time, using any method available to other registered or preregistered voters.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2268. A person registered or preregistered to vote under this chapter may cancel the person’s voter registration or preregistration at any time by any method available to any other registered or preregistered voter. (Added by renumbering Section 2266 by Stats. 2021, Ch. 314, Sec. 7. (AB 796) Effective January 1, 2022.)
  111. 2269.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    This section says the chapter does not change the confidentiality of voter registration or preregistration information.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2269. This chapter does not affect the confidentiality of a person’s voter registration or preregistration information, which remains confidential pursuant to Section 2194 of this code and Section 7924.000 of the Government Code and for all of the following persons: (a) A victim of domestic violence, sexual assault, or stalking pursuant to Section 2166.5. (b) A reproductive health care service provider, employee, volunteer, or patient pursuant to Section 2166.5. (c) A public safety officer pursuant to Section 2166.7. (d) A person with a life-threatening circumstance upon court order pursuant to Section 2166. (e) A qualified worker pursuant to Section 2166.8. (Amended by Stats. 2024, Ch. 854, Sec. 3. (AB 3284) Effective January 1, 2025.)
  112. 2270.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    If an ineligible person is registered or preregistered under this chapter, and there was no violation of Section 18100 by that person, the registration is presumed to have been officially authorized and not the person’s fault.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2270. If a person who is ineligible to vote becomes registered or preregistered to vote pursuant to this chapter in the absence of a violation by that person of Section 18100, that person’s registration or preregistration shall be presumed to have been effected with official authorization and not the fault of that person. (Added by renumbering Section 2268 by Stats. 2021, Ch. 314, Sec. 9. (AB 796) Effective January 1, 2022.)
  113. 2271.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    A person who was ineligible to vote but became registered or preregistered under this chapter is presumed authorized and is not guilty of fraudulent voting for later voting or trying to vote, unless the person willfully does so knowing they are not entitled to vote.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2271. If a person who is ineligible to vote becomes registered or preregistered to vote pursuant to this chapter and votes or attempts to vote in an election held after the effective date of the person’s registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote. (Added by renumbering Section 2269 by Stats. 2021, Ch. 314, Sec. 10. (AB 796) Effective January 1, 2022.)
  114. 2272.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The department must designate an NVRA coordinator, and the Secretary of State must appoint an NVRA coordinator.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2272. (a) The department shall designate an employee, known as the department’s National Voter Registration Act (NVRA) coordinator, who shall be responsible for the department’s compliance with the requirements of this chapter and the requirements of Section 20504 of Title 52 of the United States Code. The responsibilities of the department’s NVRA coordinator include, but are not limited to, all of the following: (1) Ensuring the accurate processing and timely transmission of voter registration applications submitted to the department. (2) Ensuring employees are trained pursuant to Section 2273. (3) Coordinating with the Secretary of State’s NVRA coordinator to ensure the department’s compliance with this chapter and with Section 20504 of Title 52 of the United States Code. (4) Ensuring that the interagency agreement required by Section 2265 is updated as necessary. (5) Preparing monthly reports pursuant to Section 2274. (6) Notifying the Secretary of State within three days of identifying any violations of this chapter or Section 20504 of Title 52 of the United States Code. (7) Assisting with the preparation of the annual report required by Section 2276. (b) The Secretary of State shall appoint an employee, known as the Secretary of State’s NVRA coordinator, who shall be responsible for the Secretary of State’s compliance with the requirements of this chapter and the requirements of Section 20504 of Title 52 of the United States Code. The responsibilities of the Secretary of State’s NVRA coordinator include, but are not limited to, all of the following: (1) Monitoring voter registration records received from the department and identifying untimely registrations or other irregularities. (2) Ensuring the accurate processing and timely transmission of voter registration applications received from the department. (3) Ensuring employees are trained pursuant to Section 2273. (4) Coordinating with the department’s NVRA coordinator to ensure the Secretary of State’s compliance with this chapter and with Section 20504 of Title 52 of the United States Code. (5) Ensuring the interagency agreement required by Section 2265 is updated as necessary. (6) Publishing the monthly reports required by Section 2274 on the Secretary of State’s internet website. (7) Preparing the annual report required by Section 2276. (Added by Stats. 2021, Ch. 314, Sec. 12. (AB 796) Effective January 1, 2022.)
  115. 2273.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The department’s NVRA coordinator and the Secretary of State’s NVRA coordinator must make sure certain employees receive annual training and training at new-employee orientation.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2273. (a) The department’s NVRA coordinator shall ensure that each employee of the department who interacts with the California New Motor Voter Program shall, annually and as part of an initial new employee orientation, receive a training on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The training shall include, but is not limited to, instructing employees regarding processing voter information submitted to the department, acceptance rules, transmission deadlines, and procedures for identifying and reporting errors or delays. (b) The Secretary of State’s NVRA coordinator shall ensure that each employee of the Secretary of State responsible for the receipt and processing of voter registration information from the department shall, annually and as part of an initial new employee orientation, receive a training on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The training shall include, but is not limited to, instructing employees regarding procedures for the regular monitoring of the timeliness of the receipt of registration data from department transactions and the protocol for reporting and addressing problems with the timeliness and quality of the voter registration data received from the department. (Added by Stats. 2021, Ch. 314, Sec. 13. (AB 796) Effective January 1, 2022.)
  116. 2274.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The department must monitor timeliness and send monthly voter-registration information to the Secretary of State; the Secretary of State must publish certain information on its website within 10 days of receiving it.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2274. (a) The department, in consultation with the Secretary of State, shall monitor the timeliness of the department’s transmittals to the Secretary of State pursuant to paragraph (2) of subdivision (b) of Section 2265. (b) By the 10th day of each calendar month, the department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, all of the following information concerning voter registration from the preceding month: (1) The number of completed voter registration applications transmitted to the Secretary of State after the deadlines specified in paragraph (2) of subdivision (b) of Section 2265, if any. (2) The number of notices sent pursuant to subdivision (g) of Section 2265. (3) The reasons for any irregularities in the processing of records specified in subdivision (b) of Section 2265 or in the transmittal of any completed voter registration applications after the deadlines described in paragraph (2) of subdivision (b) of Section 2265. (c) Within 10 days of receipt, the Secretary of State shall publish the information described in paragraph (2) of subdivision (b) on its internet website. (Added by Stats. 2021, Ch. 314, Sec. 14. (AB 796) Effective January 1, 2022.)
  117. 2275.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The Secretary of State must set up a taskforce and run meetings at least quarterly.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2275. (a) The Secretary of State shall establish a taskforce that includes all of the following members: (1) The Secretary of State’s NVRA coordinator. (2) The department’s NVRA coordinator. (3) County elections officials. (4) Individuals with demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (5) Representatives of the disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (6) Experts with demonstrated experience in the field of elections. (7) Experts with demonstrated experience in the field of civic design. (b) The Secretary of State shall convene the taskforce for meetings at least quarterly. (c) The taskforce shall consult with the Secretary of State and the department on the development of the annual review required by Section 2276. (d) The taskforce shall advise the Secretary of State and the department on the effective implementation of the California New Motor Voter Program. This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. (Amended by Stats. 2024, Ch. 378, Sec. 1. (AB 2127) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
  118. 2276.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The Secretary of State must annually review the California New Motor Voter Program and prepare a written report.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2276. The Secretary of State, in consultation with the department and the taskforce described in Section 2275, shall annually review the effectiveness of the California New Motor Voter Program and draft a written report. The written report shall, at a minimum, include all of the following: (a) Information about trends of voters registering through the California New Motor Voter Program. (b) An analysis of the information described in Section 2274 for the preceding year. (c) A summary of any significant errors or delays during the preceding year with respect to processing or transmitting the records specified in subdivision (b) of Section 2265, and how those incidents were resolved. (Added by Stats. 2021, Ch. 314, Sec. 16. (AB 796) Effective January 1, 2022.)
  119. 2277.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. )

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    The Secretary of State must adopt regulations to carry out this chapter, including rules for canceling certain ineligible registrations and for running a voter education and outreach campaign.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 4.5. California New Motor Voter Program [2260 - 2277] ( Chapter 4.5 added by Stats. 2015, Ch. 729, Sec. 3. ) ## 2277. The Secretary of State shall adopt regulations to implement this chapter, including regulations addressing both of the following: (a) A process for canceling the registration or preregistration of a person who is ineligible to vote, but became registered or preregistered under the California New Motor Voter Program in the absence of any violation by that person of Section 18100. (b) An education and outreach campaign informing voters about the California New Motor Voter Program that the Secretary of State will conduct to implement this chapter. The Secretary of State may use any public and private funds available for this and shall provide materials created for this outreach and education campaign in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (Added by renumbering Section 2270 by Stats. 2021, Ch. 314, Sec. 11. (AB 796) Effective January 1, 2022.)
  120. 2300.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Voter Bill of Rights [2300 - 2302] ( Chapter 5 added by Stats. 2003, Ch. 425, Sec. 1. )

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    This section states voter rights and requires the Voter Bill of Rights to be publicly available before each election and on election day.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Voter Bill of Rights [2300 - 2302] ( Chapter 5 added by Stats. 2003, Ch. 425, Sec. 1. ) ## 2300. (a) All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall convey all of the following to voters: (1) (A) You have the right to cast a ballot if you are a valid registered voter. (B) A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not serving a state or federal prison term for conviction of a felony, and who is registered to vote at their current residence address. (2) You have the right to cast a provisional ballot if your name is not listed on the voting rolls. (3) You have the right to cast a ballot if you are present and in line at the polling place before the close of the polls. (4) You have the right to cast a secret ballot free from intimidation. (5) (A) You have the right to receive a new ballot if, before casting your ballot, you believe you made a mistake. (B) If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official before the closing of the polls. (6) You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance. (7) You have the right to return a completed vote by mail ballot to any precinct in the county. (8) You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production. (9) (A) You have the right to ask questions about election procedures and observe the election process. (B) You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the precinct board or elections officials may discontinue responding to questions. (10) You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of State’s office. (b) Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct. (c) The Secretary of State may do both of the following: (1) Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a). (2) Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms. (d) The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows: (1) The Voter Bill of Rights shall be printed in the state voter information guide, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights. (2) Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105. (Amended by Stats. 2020, Ch. 320, Sec. 8. (AB 646) Effective January 1, 2021. Note: The operational condition in Sec. 10 of Ch. 320 was satisfied by approval of Prop. 17 (ACA 6) at the Nov. 3, 2020, election.)
  121. 23000.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. )

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    This section defines terms used in Chapter 9 about advisory, hybrid, and independent redistricting commissions.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. ) ## 23000. For purposes of this chapter, the following terms have the following meanings: (a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body. (b) “Family member” means a spouse, parent, sibling, child, or in-law. (c) “Hybrid redistricting commission” means a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law. (d) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. (e) “Legislative body” means a county board of supervisors, a city council of a general law city, a governing board of a school district, a governing board of a community college district, or an elected governing board of a special district. (f) “Local jurisdiction” means a county, general law city, school district, community college district, or special district. “Local jurisdiction” does not include a charter city. (g) “Redistricting” means either districting or redistricting. (h) “Spouse” means a spouse or registered domestic partner. (Amended by Stats. 2020, Ch. 90, Sec. 28. (AB 1276) Effective January 1, 2021.)
  122. 23001.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. )

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    A local jurisdiction may create certain redistricting commissions by resolution, ordinance, or charter amendment.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. ) ## 23001. A local jurisdiction may establish by resolution, ordinance, or charter amendment an independent redistricting commission, a hybrid redistricting commission, or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries. (Amended by Stats. 2018, Ch. 462, Sec. 2. (SB 1018) Effective January 1, 2019.)
  123. 23002.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. )

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    Advisory redistricting commissions have special appointment rules, and local jurisdictions may set appointment methods and additional requirements, but may not use the legislative body or an elected official to appoint commissioners.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. ) ## 23002. (a) This section applies to advisory redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the commissioners are not appointed by the legislative body or an elected official of the local jurisdiction. (c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission. (d) A local jurisdiction may impose additional requirements or restrictions on the commission, members of the commission, or applicants to the commission in excess of those prescribed by this section. (e) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2023, Ch. 343, Sec. 54. (AB 764) Effective January 1, 2024.)
  124. 23003.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. )

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    This section sets appointment and conduct rules for hybrid and independent redistricting commissions, including eligibility limits, member restrictions, public notice, hearings, and map-adoption rules.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. ) ## 23003. (a) This section applies to hybrid redistricting commissions and independent redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents and provided that the commissioners are not appointed by the legislative body or an elected official of the local jurisdiction. (c) A person shall not be appointed to serve on the commission if the person or any family member of the person has been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction in the eight years preceding the person’s application. (d) A person shall not be appointed to serve on the commission if either of the following applies: (1) The person or the person’s spouse has done any of the following in the eight years preceding the person’s application: (A) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. (B) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. (C) Served as a staff member or a consultant to, or who has contracted with, a currently serving elected officer of the local jurisdiction. (D) Been registered to lobby the local jurisdiction. (E) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero. (2) A family member of the person, other than the person’s spouse, has done any of the following in the four years preceding the person’s application: (A) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. (B) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. (C) Served as a staff member of or consultant to, or has contracted with, a currently serving elected officer of the local jurisdiction. (D) Been registered to lobby the local jurisdiction. (E) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero. (e) A member of the commission shall not do any of the following: (1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction. (2) Be a candidate for an elective office of the local jurisdiction if any of the following is true: (A) Less than five years has elapsed since the date of the member’s appointment to the commission. (B) The election for that office will be conducted using district boundaries that were adopted by the commission on which the member served, and those district boundaries have not been subsequently readopted by a commission after the end of the member’s term on the commission. (C) The election for that office will be conducted using district boundaries that were adopted by a legislative body pursuant to a recommendation by the commission on which the member served, and those district boundaries have not been subsequently readopted by a legislative body pursuant to a recommendation by a commission after the end of the member’s term on the commission. (3) For four years commencing with the date of the person’s appointment to the commission: (A) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction. (B) Receive a noncompetitively bid contract with the local jurisdiction. (C) Register as a lobbyist for the local jurisdiction. (4) For two years commencing with the date of the person’s appointment to the commission, accept an appointment to an office of the local jurisdiction. (f) The commission shall not be comprised entirely of members who are registered to vote with the same political party preference. (g) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. (h) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (i) The commission shall be subject to the same redistricting deadlines, requirements, and restrictions that would otherwise apply to a legislative body. A local jurisdiction may also impose additional requirements and restrictions on the commission, on members of the commission, or on applicants to the commission in excess of those prescribed by this section. (j) The commission shall publish a map of the proposed new district boundaries and make that map available to the public for at least seven days before that map may be adopted. The commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted. (k) The commission shall not draw districts for the purpose of favoring or discriminating against a political party or an incumbent or political candidate. (l) District boundaries adopted by an independent redistricting commission or adopted by a legislative body from recommendations provided by a hybrid redistricting commission, shall not be altered by the legislative body or the commission until after the next federal decennial census occurs, unless those boundaries have been invalidated by a final judgment or order of a court of competent jurisdiction. (m) For the purposes of subdivisions (c) and (d), “local jurisdiction” does not include a local jurisdiction that contracts with a county independent redistricting commission pursuant to Section 23004. (Amended by Stats. 2023, Ch. 343, Sec. 55. (AB 764) Effective January 1, 2024.)
  125. 23004.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. )

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    A local jurisdiction other than a county may contract with a county redistricting commission to draw its election district boundaries, and that commission must hold at least three public hearings in the local jurisdiction before doing so.

    ## Elections Code - ELEC ## DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. ) ## 23004. A local jurisdiction, except for a county, may contract with a county in which the local jurisdiction is partially or wholly located that has established an independent redistricting commission to have that commission adopt the local jurisdiction’s election district boundaries. The county independent redistricting commission shall hold at least three public hearings in the local jurisdiction before adopting those boundaries. (Added by Stats. 2018, Ch. 462, Sec. 5. (SB 1018) Effective January 1, 2019.)
  126. 2301.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Voter Bill of Rights [2300 - 2302] ( Chapter 5 added by Stats. 2003, Ch. 425, Sec. 1. )

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    An international election observer may be given uniform, nondiscriminatory access to public stages of the election process, but must not interfere with voters, election officials, or the orderly conduct of the election.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Voter Bill of Rights [2300 - 2302] ( Chapter 5 added by Stats. 2003, Ch. 425, Sec. 1. ) ## 2301. (a) An international election observer may be provided uniform and nondiscriminatory access to all stages of the election process that are open to the public, including the public review period for the certification of a ballot marking system, the processing and counting of vote by mail ballots, the canvassing of ballots, and the recounting of ballots. An international election observer shall not interfere with a voter in the preparation or casting of the voter's ballot, with a precinct board member or an elections official in the performance of his or her duties, or with the orderly conduct of an election. (b) For purposes of this section, “international election observer” means a person who witnesses the administration of an election in this state and who is an official representative of an international organization such as the United Nations, the Organization for Security and Cooperation in Europe, or the Organization of American States. (Added by Stats. 2016, Ch. 822, Sec. 1. (AB 2021) Effective January 1, 2017.)
  127. 2302.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Voter Bill of Rights [2300 - 2302] ( Chapter 5 added by Stats. 2003, Ch. 425, Sec. 1. )

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    A voter or any other person may use an electronic device at a polling place, so long as the use does not violate other code provisions.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 5. Voter Bill of Rights [2300 - 2302] ( Chapter 5 added by Stats. 2003, Ch. 425, Sec. 1. ) ## 2302. A voter or any other person shall not be prohibited from using an electronic device, including a smartphone, tablet, or other handheld device, at a polling place provided that the use of the device does not result in a violation of Section 14221, 14224, 14291, 18370, 18502, 18540, 18541, or any other provision of this code. (Added by Stats. 2019, Ch. 561, Sec. 1. (AB 1707) Effective January 1, 2020.)
  128. 2400.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    The Legislature states that this chapter is intended to help meet federal voter registration service requirements.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2400. It is the intent of the Legislature, in enacting this chapter, to facilitate compliance with the requirements set forth in the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) relating to voter registration services. (Amended by Stats. 2015, Ch. 732, Sec. 15. (AB 1536) Effective January 1, 2016.)
  129. 2401.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    This section defines “voter preference form” and “voter registration agency” for this chapter.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2401. For purposes of this chapter, the following terms have the following meanings: (a) “Voter preference form” means the form described in Section 20506(a)(6)(B) of Title 52 of the United States Code. (b) “Voter registration agency” means either of the following: (1) A department, division, or office of state or local government, or a program supported by state funds, that is designated by executive order of the Governor or pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) as a voter registration agency. (2) A private entity under contract with a designated voter registration agency to provide services or assistance on behalf of the designated voter registration agency. (Amended by Stats. 2015, Ch. 732, Sec. 16. (AB 1536) Effective January 1, 2016.)
  130. 2402.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    The Secretary of State must coordinate California’s responsibilities under the federal National Voter Registration Act and adopt any regulations needed to implement this chapter and that federal law.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2402. (a) The Secretary of State is the chief state elections official responsible for coordination of the state’s responsibilities under the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (b) The Secretary of State shall adopt such regulations as are necessary to implement this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (Amended by Stats. 2015, Ch. 732, Sec. 17. (AB 1536) Effective January 1, 2016.)
  131. 2403.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    A voter registration agency must follow federal voter registration duties and give applicants certain forms and help when they apply for services or related forms.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2403. (a) A voter registration agency shall comply with the applicable duties and responsibilities of a voter registration agency set forth in the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (b) A voter registration agency, with each application for service or assistance and with each recertification, renewal, or change of address form relating to the service or assistance, and in accordance with the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), shall provide to an applicant all of the following: (1) A voter preference form. (2) A voter registration card, unless the applicant, in writing, declines to register to vote. (3) Assistance in completing the voter registration card, unless the applicant refuses the assistance. (c) For purposes of subdivision (b), an applicant’s failure to respond to the question of whether he or she would like to register to vote does not constitute a declination to register. (Amended by Stats. 2015, Ch. 732, Sec. 18. (AB 1536) Effective January 1, 2016.)
  132. 2404.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    The Secretary of State must coordinate, train, contact noncompliant agencies, and work with state agencies to help voter registration agencies comply; the Secretary of State may also review compliance and post review results.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2404. (a) The Secretary of State shall do all of the following: (1) Coordinate with each county elections official and voter registration agency to implement this chapter. (2) Prepare written training materials that describe the responsibilities of a county elections official and voter registration agency pursuant to this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (3) Contact a voter registration agency if the agency is not complying with the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (4) Coordinate with each state agency that evaluates the performance of an agency designated as a voter registration agency, including doing both of the following: (A) Communicate to the state agency the requirements of, and best practices for complying with, this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (B) Assist the state agency in its effort to help a voter registration agency comply with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (b) The Secretary of State may do any of the following: (1) Conduct a review of a voter registration agency’s compliance with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (2) Conduct a review of a county elections official’s compliance with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) if the county elections official fails to timely submit a report pursuant to Section 2407, or if a report indicates that the county elections official is not complying with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (3) Post the results of a review conducted pursuant to this subdivision on the Secretary of State’s Internet Web site. (Amended by Stats. 2015, Ch. 732, Sec. 19. (AB 1536) Effective January 1, 2016.)
  133. 2405.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    A county elections official must coordinate voter registration services and, when requested, provide cards, keep records, and help with employee training.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2405. (a) A county elections official shall be responsible for coordinating with the Secretary of State and each applicable voter registration agency within the county to administer the voter registration services required pursuant to this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (b) The county elections official shall do all of the following: (1) Provide voter registration cards to a voter registration agency upon request of the voter registration agency. (2) Maintain a record of the number of voter registration cards provided to and received from each voter registration agency, and each office or site of the voter registration agency. (3) Assist a voter registration agency, upon request, in conducting a training program for its employees based on the training materials prepared by the Secretary of State on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (Amended by Stats. 2015, Ch. 732, Sec. 20. (AB 1536) Effective January 1, 2016.)
  134. 2406.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    Voter registration agencies must notify county elections officials, designate a compliance employee, request cards as needed, keep enough forms and cards on hand, and train eligible staff at least yearly. They may also review the agency or offices to check compliance.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2406. (a) A voter registration agency shall do all of the following: (1) Notify the county elections official of each applicable county of the location of each of the voter registration agency’s offices or sites within the county. (2) Designate an agency employee to be responsible for the agency’s compliance with this section. (3) Request voter registration cards from the applicable county elections official, as needed. (4) Take steps to ensure that the voter registration agency, and each office or site of the voter registration agency, has a sufficient supply of voter preference forms and voter registration cards available, including voter preference forms and voter registration cards in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965. (5) Ensure that each employee of the voter registration agency who may provide voter registration services completes, at least once per year, a training based on the training materials prepared by the Secretary of State on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The voter registration agency may incorporate this training into any other training program provided by the voter registration agency for its employees. (b) A voter registration agency may conduct a review of the agency, or an office or site of the agency, as necessary, to ensure compliance with this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). (Amended by Stats. 2015, Ch. 732, Sec. 21. (AB 1536) Effective January 1, 2016.)
  135. 2407.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    County elections officials must report monthly voter-registration-card counts to the Secretary of State, who must publish the reported information online.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2407. Within 10 days after the beginning of each calendar month, a county elections official shall report to the Secretary of State, on a form prescribed by the Secretary of State, the number of voter registration cards received from each voter registration agency and from each office or site thereof. The Secretary of State shall post the information contained in each report received from a county elections official on the Secretary of State’s Internet Web site. (Added by Stats. 2012, Ch. 505, Sec. 2. (SB 35) Effective January 1, 2013.)
  136. 2408.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. )

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    Voter registration agencies offering online applications must provide a way to submit a voter preference form and an online voter registration affidavit. The Secretary of State must also help ensure the affidavit is available, and can be electronically submitted and verified, in required languages.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 6. Voter Registration Agencies [2400 - 2408] ( Chapter 6 added by Stats. 2012, Ch. 505, Sec. 2. ) ## 2408. (a) A voter registration agency that allows a person to apply online for service or assistance, or to submit a recertification, renewal, or change of address form relating to the service or assistance online, shall implement a process and infrastructure that allows an applicant to electronically submit a voter preference form to the voter registration agency, and to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State in accordance with Chapter 2.5 (commencing with Section 2196). (b) If a person indicates on his or her electronic voter preference form that he or she would like to register to vote, the person shall be informed that he or she may register to vote through one of the following options, if applicable: (1) Submit an affidavit of voter registration electronically on the Secretary of State’s Internet Web site pursuant to subdivision (a) of Section 2196. (2) Complete an affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official pursuant to subdivision (d) of Section 2196. (c) A voter registration agency may take steps to ensure that the information entered into a person’s electronic application for service or assistance, or his or her electronic recertification, renewal, or change of address form relating to the service or assistance, will be automatically transferred to the electronic affidavit of voter registration if the person indicates that he or she would like to register to vote. (d) The Secretary of State shall take steps to ensure that the electronic affidavit of voter registration is available, and may be electronically submitted and verified, in all languages in which a county is required to provide voting materials pursuant to Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965. (Amended by Stats. 2015, Ch. 732, Sec. 22. (AB 1536) Effective January 1, 2016.)
  137. 2500.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Election Management Systems [2500 - 2550] ( Chapter 7 added by Stats. 2013, Ch. 268, Sec. 1. )

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    This section defines “election management system” as a county-used system for tracking voter registration or voter preferences, including vote-by-mail status.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Election Management Systems [2500 - 2550] ( Chapter 7 added by Stats. 2013, Ch. 268, Sec. 1. ) ## 2500. As used in this chapter, an “election management system” is 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. (Added by Stats. 2013, Ch. 268, Sec. 1. (AB 829) Effective January 1, 2014.)
  138. 2501.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Election Management Systems [2500 - 2550] ( Chapter 7 added by Stats. 2013, Ch. 268, Sec. 1. )

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    Election management system vendors must deposit source code and related materials into approved escrow, and the Secretary of State must adopt related regulations and may seek injunctive relief.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Election Management Systems [2500 - 2550] ( Chapter 7 added by Stats. 2013, Ch. 268, Sec. 1. ) ## 2501. (a) No later than January 31, 2014, and annually thereafter, the vendor of an election management system shall cause an exact copy of the source code for each component of the election management 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. The vendor shall place in escrow source codes for each version of the election management system in use in a county in the state. (b) The Secretary of State shall adopt regulations relating to all of the following: (1) The definition of source code components of an election management system, including source code for all firmware and software of the election management 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 of the election management system. (2) Specifications for the escrow facility, including security and environmental specifications necessary for the preservation of the election management system source codes. (3) Procedures for submitting election management system source codes. (4) Criteria for access to election management system source codes. (5) Requirements for the vendor 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 the election management system. (c) The Secretary of State shall have reasonable access to the materials placed in escrow, under the following circumstances: (1) In the course of an investigation or prosecution regarding election management system 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) 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 an election management 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. (Added by Stats. 2013, Ch. 268, Sec. 1. (AB 829) Effective January 1, 2014.)
  139. 2550.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Election Management Systems [2500 - 2550] ( Chapter 7 added by Stats. 2013, Ch. 268, Sec. 1. )

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    This section defines “electronic poll book,” requires it to include specified voter-registration data, and restricts its use and certification unless state certification requirements are met.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 7. Election Management Systems [2500 - 2550] ( Chapter 7 added by Stats. 2013, Ch. 268, Sec. 1. ) ## 2550. (a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data: (1) Name. (2) Address. (3) Precinct. (4) Party preference. (5) Whether or not the voter has been issued a vote by mail ballot. (6) Whether or not the vote by mail ballot has been recorded as received by the elections official. (b) An electronic poll book shall not be used unless it has been certified by the Secretary of State. (c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. (d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. The Secretary of State may impose additional conditions of approval as deemed necessary by the Secretary of State. (Amended by Stats. 2024, Ch. 605, Sec. 2. (SB 1328) Effective September 25, 2024.)
  140. 2600.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Language Accessibility [2600- 2600.] ( Chapter 8 added by Stats. 2015, Ch. 347, Sec. 1. )

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    The Secretary of State must create a Language Accessibility Advisory Committee, and the committee must meet at least four times each year.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 8. Language Accessibility [2600- 2600.] ( Chapter 8 added by Stats. 2015, Ch. 347, Sec. 1. ) ## 2600. The Secretary of State shall establish a Language Accessibility Advisory Committee which shall meet no less than four times each calendar year. The committee shall consist of no less than 15 members and be comprised of the Secretary of State and his or her designee or designees and additional members appointed by the Secretary of State. The appointees shall have demonstrated language accessibility experience, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or be a county elections official or his or her designee. At least three county elections officials shall be appointed to the committee. The Secretary of State shall consult with and consider the recommendations of the committee. The committee shall serve in an advisory capacity to the Secretary of State. (Amended by Stats. 2016, Ch. 86, Sec. 92. (SB 1171) Effective January 1, 2017.)
  141. 2700.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Native American Voters [2700- 2700.] ( Chapter 9 added by Stats. 2020, Ch. 169, Sec. 1. )

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    The Secretary of State must create a Native American Voting Accessibility Advisory Committee and consult with it; the committee must advise on improving election access for Native American voters.

    ## Elections Code - ELEC ## DIVISION 2. VOTERS [2000 - 2700] ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## CHAPTER 9. Native American Voters [2700- 2700.] ( Chapter 9 added by Stats. 2020, Ch. 169, Sec. 1. ) ## 2700. (a) The Secretary of State shall establish a Native American Voting Accessibility Advisory Committee. The Secretary of State shall consult with the committee to consider the committee’s recommendations related to improving the accessibility of elections for Native American voters. The Secretary of State may implement the committee’s recommendations as appropriate. (b) The committee shall consist of the Secretary of State, the Secretary of State’s designees, and additional members appointed by the Secretary of State. Each appointee shall have demonstrated experience with voting rights or be a county elections official. (c) The committee shall serve in an advisory capacity to the Secretary of State and shall do all of the following: (1) Establish guidelines for reaching as many Native American voters as practical. (2) Make recommendations for improving the availability and accessibility of election materials, including, but not limited to, state voter information guides, county voter information guides, and vote-by-mail ballots, and their delivery in print or alternative formats to Native American voters. (3) Make recommendations for the distribution of public service announcements identifying the availability of election materials for Native American voters with at least 45 days before any federal, state, and local election. (4) Promote to Native American voters the Secretary of State’s toll-free voter registration telephone line for citizens needing voter registration information. (5) Make recommendations for providing Native American voters with information regarding voter registration and voting processes, and voting rights. (6) Make recommendations to improve the recruitment of Native American poll workers. (7) Establish subcommittees to further the scope and purposes of the committee as they relate to improving voter services and access for Native American voters. (8) Make recommendations for providing information and services to Native American voters regarding language assistance. (9) Promote the use of plain language and alternative formats for election materials distributed to Native American voters. (10) Make recommendations for materials to train poll workers on issues related to serving Native American voters. (d) A member shall not receive compensation, but each member shall be reimbursed for the member’s reasonable and necessary expenses in connection with service on the committee. (Amended by Stats. 2021, Ch. 124, Sec. 25. (AB 938) Effective January 1, 2022.)
  142. 3.

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

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    If part of the code is held invalid, the rest of the code still remains effective.

    ## 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. ) ## 3. If any provision of this code or the application thereof to any person or circumstance is held invalid, the remainder of the code and the application of that provision to other persons or circumstances shall not be affected thereby. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  143. 300.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “vote by mail voter” and “military or overseas voter.”

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 300. (a) “Vote by mail voter” means any voter casting a ballot in any way other than at the polling place. (b) “Military or overseas voter” means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following: (1) A member of the active or reserve components of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; a Merchant Marine; a member of the United States Public Health Service Commissioned Corps; a member of the National Oceanic and Atmospheric Administration Commissioned Corps of the United States; or a member on activated status of the National Guard or state militia. (2) A citizen of the United States living outside of the territorial limits of the United States or the District of Columbia. (3) A spouse or dependent of a person described in paragraph (1). (Amended by Stats. 2012, Ch. 744, Sec. 1. (AB 1805) Effective January 1, 2013.)
  144. 300.5.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “affiliated with a political party” for a voter or candidate.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 300.5. “Affiliated with a political party” as used in reference to a voter or to a candidate for a voter-nominated office means the party preference that the voter or candidate has disclosed on his or her affidavit of registration. (Added by Stats. 2009, Ch. 1, Sec. 2. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)
  145. 3000.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This division must be interpreted liberally in favor of the vote-by-mail voter.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3000. This division shall be liberally construed in favor of the vote by mail voter. (Amended by Stats. 2007, Ch. 508, Sec. 12. Effective January 1, 2008.)
  146. 3000.5.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The elections official must start mailing vote-by-mail materials and ballots before each election, and must not favor any region or precinct when deciding mailing order.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3000.5. (a) Notwithstanding any other law, for each election, the elections official shall, no later than 29 days before the day of the election, begin mailing the materials specified in Section 3010 to every registered voter. The elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days to mail a ballot to each person who is subsequently registered to vote. The elections official shall not discriminate against any region or precinct in choosing which ballots to mail first within the prescribed five-day mailing period. (b) The distribution of vote by mail ballots to all registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location. (c) Consistent with paragraph (2) of subdivision (a) of Section 2226, this section is not intended and shall not be construed to authorize a voter with an inactive voter registration status to receive a vote by mail ballot for an election. (Amended by Stats. 2021, Ch. 312, Sec. 1. (AB 37) Effective January 1, 2022.)
  147. 3001.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The county elections official must start mailing Section 3010 materials no later than 29 days before the election, mail ballots within five days for active registered voters and later registrants, and avoid regional or precinct discrimination in choosing mailing order.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3001. No later than 29 days before the day of the election, the county elections official shall begin mailing the materials required by Section 3010. The county elections official shall have five days to mail a ballot to each active registered voter by the 29th day before the day of the election and five days for each voter who registers to vote after that date. The county elections official shall not discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period. (Amended by Stats. 2022, Ch. 161, Sec. 1. (AB 2608) Effective August 22, 2022.)
  148. 3002.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    People granted confidentiality under Section 2166 must vote by mail and give the county elections official a valid mailing address instead of their residence address.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3002. All persons granted confidentiality pursuant to Section 2166 shall (1) be required to vote by mail ballot, and (2) in addition to the required residence address, provide a valid mailing address to the county elections official to be used in place of the residence address. (Amended by Stats. 2022, Ch. 161, Sec. 2. (AB 2608) Effective August 22, 2022.)
  149. 3003.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The vote by mail ballot must be available to any registered voter.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3003. The vote by mail ballot shall be available to any registered voter. (Amended by Stats. 2007, Ch. 508, Sec. 15. Effective January 1, 2008.)
  150. 3004.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    A county elections official must place a notice in certain county offices telling potential military or overseas voters about their right to a vote-by-mail ballot and where to get registration materials.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3004. A county elections official shall place a notice in an office within the county where applications are taken for federal passports or where military enlistments are received to inform potential military or overseas voters of their right to a vote by mail voter’s ballot and where to obtain registration materials. (Amended by Stats. 2022, Ch. 161, Sec. 3. (AB 2608) Effective August 22, 2022.)
  151. 3005.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    If a precinct has 250 or fewer registered voters on the 88th day before the election, the elections official may send vote by mail ballots and must tell voters where the two nearest polling places are.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3005. (a) Whenever, on the 88th day before the election, there are 250 or less persons registered to vote in any precinct, the elections official may furnish each voter with a vote by mail ballot along with a statement that there will be no polling place for the election. The elections official shall also notify each voter of the location of the two nearest polling places in the event the voter chooses to return the ballot on or before election day. (b) A precinct shall not be divided in order to conform to this section. (Amended by Stats. 2022, Ch. 161, Sec. 4. (AB 2608) Effective August 22, 2022.)
  152. 301.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “ballot” and says ballot presentations must use ballot cards or an electronic voting system; if an electronic voting system is used, the Secretary of State must certify or conditionally approve it, and the system must print the voter’s selections.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 301. (a) A “ballot” is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on. (b) The ballot presentations shall include either of the following: (1) One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions. (2) An electronic voting system, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic voting system shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot. (Repealed and added by Stats. 2023, Ch. 676, Sec. 2. (AB 1219) Effective January 1, 2024.)
  153. 3010.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The elections official must provide each qualified applicant with the relevant ballot and necessary return supplies, and state officers may not charge for services rendered to a voter under this chapter.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3010. (a) The elections official shall deliver all of the following to each qualified applicant: (1) The ballot for the precinct in which the voter resides. In primary elections, this shall also be accompanied by the ballot for the central committee of the party for which the voter has disclosed a preference, if any. (2) All supplies necessary for the use and return of the ballot, including an identification envelope with prepaid postage for the return of the vote by mail ballot. (b) An officer of this state shall not make a charge for services rendered to a voter under this chapter. (Amended by Stats. 2018, Ch. 120, Sec. 1. (AB 216) Effective January 1, 2019.)
  154. 3011.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This section requires the identification envelope for vote-by-mail ballots to include specific information and warnings, limits printing a voter’s party preference on the envelope in most cases, and prevents disqualification solely because the returner omitted their name or signature.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3011. (a) The identification envelope shall contain all of the following: (1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope. (2) The signature of the voter. (3) The residence address of the voter as shown on the affidavit of registration. (4) The date of signing. (5) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (6) A warning plainly stamped or printed on it that voting twice constitutes a crime. (7) A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted. (8) A statement that the voter has neither voted nor intends to vote a ballot from any other jurisdiction for the same election. (9) The name and signature of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017. (10) A statement next to where the voter signs that the county elections official is required to compare the voter’s signature appearing on the identification envelope with the signatures appearing in the voter’s registration record, which may include the signature appearing on the voter’s driver’s license or state identification card. (b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the voter’s party preference may not be stamped or printed on the identification envelope. (c) Notwithstanding paragraph (9) of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope their name or signature. (d) County elections officials may continue to use existing supplies prior to printing new identification envelopes that reflect the changes made to this section by the act adding this subdivision. (Amended by Stats. 2025, Ch. 307, Sec. 1. (SB 3) Effective January 1, 2026.)
  155. 3012.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    If a vote-by-mail ballot must be mailed to an elector outside the United States, the elections official must send it by airmail; if U.S. law allows postage-free mailing of official election ballots, the official must use that method too.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3012. Whenever the elections official is required to mail a vote by mail voter’s ballot to any elector and the address to which the ballot is to be mailed is a point outside the territorial limits of the United States, the elections official shall mail the vote by mail voter’s ballot to the elector by airmail and, if under any law of the United States official election ballots may be mailed without the payment of postage, the elections official shall so mail them. (Amended by Stats. 2007, Ch. 508, Sec. 25. Effective January 1, 2008.)
  156. 3013.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The elections official must record ballot type and mailing or delivery date on the registration affidavit when a vote-by-mail ballot is delivered or mailed, and must send precinct inspectors a list of voters receiving ballots before the election.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3013. Upon delivering or mailing a vote by mail voter’s ballot, the elections official shall enter on the affidavit of registration the type of ballot and the date of delivering or mailing. Before the election the elections official shall send to the inspector of each precinct in their county or city a list of the voters in that precinct receiving ballots under the provisions of this chapter. (Amended by Stats. 2022, Ch. 161, Sec. 13. (AB 2608) Effective August 22, 2022.)
  157. 3014.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This section requires elections officials to issue replacement ballots when proper requests are received and sets verification steps before a ballot is provided.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3014. (a) The elections official shall provide a replacement ballot to any voter upon receipt of a replacement ballot request from the voter. Both of the following apply to a request made pursuant to this subdivision: (1) The voter making the request shall provide to the elections official personal identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last name, residence address, and date of birth. (2) Prior to issuing a replacement ballot, the elections official shall advise the requester as follows: “Only the registered voter themself may request a replacement ballot. A request for a replacement ballot that is made by any person other than the registered voter is a criminal offense.” (b) The elections official shall provide a replacement ballot to the voter’s representative upon receipt of a written request, on a form prescribed by the Secretary of State, signed by the voter under penalty of perjury, requesting that a ballot be provided to the voter’s representative. A ballot shall not be provided until both of the following occur: (1) The elections official shall compare the signature on the written request with the signature or signatures in the voter’s record. (2) The authorized representative shall sign an acknowledgment of receipt of the voter’s ballot. (c) The voter shall mark the ballot, place it in the identification envelope, fill out and sign the identification envelope, and return the ballot pursuant to Section 3017. These ballots shall be processed and counted in the same manner as other vote by mail ballots. (d) The elections official shall keep a record of each vote by mail voter ballot sent to and received from a voter and shall verify, prior to counting any duplicate ballot, that the voter has not attempted to vote twice. If it is determined that a voter has attempted to vote twice, both ballots shall be void. (Amended by Stats. 2023, Ch. 650, Sec. 1. (AB 398) Effective January 1, 2024.)
  158. 3015.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    Some vote-by-mail voters may cast a nonprovisional ballot at their home precinct polling place, a vote center, or a permitted elections office if they surrender their vote-by-mail ballot, or if staff verify it was not returned and update records.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3015. (a) Notwithstanding subdivision (f) of Section 14310, vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be permitted to vote nonprovisional ballots if either of the following conditions is satisfied: (1) They surrender their vote by mail voter ballots to the inspector of the precinct board, a member of the vote center election board, or the elections official. (2) They are unable to surrender their vote by mail voter ballots pursuant to paragraph (1) but the precinct board, vote center election board, or elections official does all of the following: (A) Verifies that they have not returned their vote by mail ballots. (B) Notates their voter records to ensure that their vote by mail ballots are not cast or tabulated after they vote at the polls. (b) The precinct board and vote center election board shall return the unused vote by mail voters’ ballots surrendered pursuant to subdivision (a) to the elections official in an envelope designated for this purpose. (Amended by Stats. 2017, Ch. 806, Sec. 22. (SB 286) Effective January 1, 2018.)
  159. 3016.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    Some vote by mail voters must be issued a provisional ballot when they vote at the designated polling place, a vote center, or an elections office location, if the Section 3015(a) conditions are not satisfied.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3016. Vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be issued a provisional ballot in accordance with Section 14310 if neither of the conditions in subdivision (a) of Section 3015 is satisfied. (Amended by Stats. 2017, Ch. 806, Sec. 22.5. (SB 286) Effective January 1, 2018.)
  160. 3016.3.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This section lets vote-by-mail voters cast ballots early at an elections office or satellite location and requires elections officials and certain counties to provide specific early-voting services and access.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3016.3. (a) No later than 29 days before the day of the election, any voter using a vote by mail ballot may, prior to the close of the polls on election day, vote the ballot at the office of the elections official or a satellite location. The voter shall vote the ballot in the presence of an officer of the elections official or in a voting booth, at the discretion of the elections official, but in no case may their vote be observed. (b) For a statewide election, a county that does not conduct an election pursuant to Section 4005 shall provide at least one early voting location on the Saturday before the day of the election that is open for a minimum of six hours. (c) (1) For purposes of subdivisions (a) and (b), the elections official shall do all of the following: (A) Provide at least one voting unit that is certified or conditionally approved by the Secretary of State to allow voters with disabilities the access required under the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (B) Permit a voter to vote their vote by mail ballot as provided in Section 3016.5. (C) Provide notice of any satellite location not later than two weeks before voting may occur at the satellite location. (2) For purposes of the early voting location described in subdivision (b), the elections official shall also permit a voter to do all of the following: (A) Return the voter’s vote by mail ballot. (B) Register to vote, update the voter’s voter registration, and vote pursuant to Section 2170. (C) Receive and vote a provisional ballot pursuant to Section 3016 or Article 5 (commencing with Section 14310) of Chapter 3 of Division 14. (D) Receive a replacement ballot upon verification that a ballot for the same election has not been received from the voter by the county elections official. If the county elections official is unable to determine if a ballot for the same election has been received from the voter, the county elections official may issue a provisional ballot. (E) Vote a regular, provisional, or replacement ballot using accessible voting equipment that provides for a private and independent voting experience. (Added by Stats. 2025, Ch. 296, Sec. 2. (AB 1249) Effective January 1, 2026.)
  161. 3016.5.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    A voter may cast a vote-by-mail ballot in person without the identification envelope at specified locations if the listed checks are completed, and the elections official must give advance notice of satellite locations.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3016.5. (a) A voter may vote their vote by mail ballot, without the identification envelope, in person at the office of the county elections official, a satellite location, the polling place designated for the voter’s home precinct, or a vote center established pursuant to Section 4005, if all of the following conditions are met: (1) The county elections official or their staff, including any staff managing a satellite location, a precinct board, or a vote center election board, as applicable, has real-time access to the county elections official’s election management system, and does both of the following: (A) Verifies that the voter has not returned a vote by mail ballot for that election. (B) Changes the status of the voter in the election management system from a vote by mail voter to an in person voter. (2) After the voter’s status has been changed pursuant to subparagraph (B) of paragraph (1), the voter provides their name, address, and signature pursuant to Section 14216. (3) The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedures. (b) A ballot cast pursuant to subdivision (a) shall be processed and counted in the same manner as a nonprovisional ballot cast in person at the polling place or vote center. (c) The elections official shall provide notice of any satellite location not later than two weeks before voting may occur at the satellite location. (Amended by Stats. 2025, Ch. 296, Sec. 3. (AB 1249) Effective January 1, 2026.)
  162. 3016.7.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The county elections official must let any voter cast a ballot using a certified remote accessible vote by mail system.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3016.7. The county elections official shall permit any voter to cast a ballot using a certified remote accessible vote by mail system, regardless of whether the voter is a voter with disabilities or a military or overseas voter. (Amended by Stats. 2021, Ch. 312, Sec. 3. (AB 37) Effective January 1, 2022.)
  163. 3017.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This section requires vote by mail ballots to be voted and returned by election-day deadlines, and it bars compensation for returning ballots based on the number returned.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3017. (a) (1) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (A) Return the ballot by mail or in person to the elections official who issued the ballot. (B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state. (C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. (2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day. (3) The ballot must be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt. (b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section. (c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received. (d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section. (e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis. (2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot. (3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division. (Amended by Stats. 2018, Ch. 203, Sec. 2. (AB 306) Effective January 1, 2019.)
  164. 3019.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This section sets the process for checking vote-by-mail ballot signatures, notifying voters about problems, and allowing voters to cure missing or mismatched signatures before the ballot is rejected.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3019. (a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare: (A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter. (B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record. (2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voter’s signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voter’s registration record: (A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voter’s signature and that the vote will be counted. (B) An exact match is not required for an elections official to determine that a voter’s signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid. (C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written. (D) When comparing signatures, an elections official shall not review or consider any of the following: (i) A voter’s party preference, race, or ethnicity. (ii) A voter’s identifying information including gender, name, or address, except to confirm the identity of the voter. (iii) The amount of time spent reviewing a signature. (E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive. (F) The elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law. (G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c). (H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare. (I) A signature made using a mark such as an “X,” or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5. (b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office. (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2). (2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d). (d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination pursuant to paragraph (2) of subdivision (c) that a voter’s signature does not compare pursuant to subdivision (c), but not later than the applicable notification deadline after the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m. on the day of the applicable receipt deadline after the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement. (B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. (C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voter’s signature. (D) Unless required pursuant to Section 3026, the elections official may use any information in a county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature. (E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than the applicable notification deadline after the election. (2) The notice and instructions shall be in substantially the following form. The elections official shall insert the date of the applicable receipt deadline after the election where indicated on the form. “READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. 1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. 2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. on [elections official to insert date of the applicable receipt deadline after the election]. 3. You must sign your name where specified on the signature verification statement (Voter’s Signature). 4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. 5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.” (3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions are satisfied: (A) The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. on the day of the applicable receipt deadline after the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box. (B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record. The elections official shall not delay the comparison until later in the canvass. (i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office. (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope. (5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2): “SIGNATURE VERIFICATION STATEMENT I,, am a registered voter of __________ County, State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. Voter’s Signature Address” (6) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voter’s signature for future elections, including updating the signature database. (7) A voter may work with a nongovernmental entity to complete the requirements of this subdivision. (8) The signature verification statement shall contain, where the voter signs, a statement that the county elections official is required to compare the voter’s signature appearing on the signature verification statement with the signatures appearing in the voter’s registration record, which may include the signature appearing on the voter’s driver’s license or state identification card. (e) (1) (A) Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following: (i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. on the day of the applicable receipt deadline after the election. (ii) No later than 5 p.m. on the day of the applicable receipt deadline after the election, completes and submits an unsigned identification envelope statement in substantially the following form: “UNSIGNED IDENTIFICATION ENVELOPE STATEMENT I,, am a registered voter of __________ County, State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. Voter’s Signature Address” (iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box. (B) (i) Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than the applicable notification deadline after the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. on the day of the applicable receipt deadline after the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement. (ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. (iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature. (iv) Unless required pursuant to Section 3026, the elections official may use any information in the county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to provide a signature. (v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than the applicable notification deadline after the election. (C) If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voter’s signature on the statement in the manner provided by this section. The elections official shall not delay the comparison until later in the canvass. (i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office. (ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d). (D) An elections official may use methods other than those described in subparagraph (A) to obtain a voter’s signature on an unsigned identification envelope statement. (E) If the elections official determines that the signatures compare, the official shall use the signature in the unsigned identification envelope statement, even if returned untimely, to update the voter’s signature for future elections, including updating the signature database. (2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form. The elections official shall insert the date of the applicable receipt deadline after the election where indicated on the form. “READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. 1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. on [elections official to insert date of the applicable receipt deadline after the election]. 2. You must sign your name on the line above (Voter’s Signature). 3. Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. 4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.” (3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (4) A voter may work with a nongovernmental entity to complete the requirements of this subdivision. (5) The identification envelope statement shall contain, where the voter signs, a statement that the county elections official is required to compare the voter’s signature appearing on the identification envelope statement with the signatures appearing in the voter’s registration record, which may include the signature appearing on the voter’s driver’s license or state identification card. (f) The Secretary of State shall publish on their internet website a single, combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement. An elections official shall include the combined statement developed by the Secretary of State, or a combined statement developed by the elections official that meets the requirements of this section, along with the instructions provided in this section for the completion of the statement, on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet webpage containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement. (g) A local elections official offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot. (h) A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened. (i) For purposes of this section, “certification of the election” means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372. (j) For purposes of this section, the following terms have the following meanings: (1) For a regularly scheduled statewide election, “applicable notification deadline” means 14 calendar days after the election and “applicable receipt deadline” means 22 calendar days after the election. (2) For an election that is not a regularly scheduled statewide election, “applicable notification deadline” means eight calendar days before certification of the election and “applicable receipt deadline” means two calendar days before certification of the election. (k) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State. (l) An elections official is authorized to use contact information provided on a voter’s affidavit of registration to contact a voter for purposes consistent with this section. (m) If an elections official establishes procedures that the official uses when comparing signatures pursuant to this section, the elections official shall post the procedures used on their internet website or provide them upon request at their office. In accordance with subdivision (k), any such procedures shall adhere to regulations promulgated by the Secretary of State. (n) An elections official shall accept a form in satisfaction of the requirements of subdivision (d) or (e) if the form was developed by the Secretary of State or by an elections official pursuant to subdivision (d), (e), or (f). An elections official shall not accept a form created by any individual, organization, or entity other than the Secretary of State or an elections official. (o) An elections official that places a vote by mail ballot drop box, as defined in Section 3025, at their office location to receive ballots, shall also use that drop box after the election in order to receive the form by which the voter provides a signature pursuant to subdivision (d) or (e), as applicable, provided that the drop box used after the election contains a clear and conspicuous label that it is to be used for this limited purpose and not for acceptance of late ballots. (p) Notwithstanding Section 15 or any other law, if the last day for the performance of any act provided for or required by this section is a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the deadline to perform the act shall not be continued to the next business day. (Amended by Stats. 2025, Ch. 307, Sec. 2.5. (SB 3) Effective January 1, 2026.)
  165. 3019.5.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    County elections officials must set up and keep available a free access system so vote-by-mail voters can check whether their ballot was counted and, if not, why not.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3019.5. (a) A county elections official shall establish a free access system that allows a vote by mail voter to learn if the voter’s vote by mail ballot was counted and, if not, the reason why the ballot was not counted. For each election, the elections official shall make the free access system available to a vote by mail voter upon completion of the official canvass and for 30 days after completion of the official canvass. (b) For purposes of establishing the free access system for vote by mail ballots required by subdivision (a), a county elections official may use the free access system for provisional ballots established by the county pursuant to Section 302 of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 21082). (c) If a county elections official elects not to mail a county voter information guide to a voter pursuant to Section 13305, the elections official shall use any savings achieved to offset the costs associated with establishing the free access system for vote by mail ballots required by subdivision (a). (d) When a county elections official updates the county’s election management system or voter look-up tool on the county’s internet website with new voter information, the elections official shall provide the updated information to the Secretary of State to update the information that the Secretary of State provides to the public. (Amended by Stats. 2020, Ch. 370, Sec. 107. (SB 1371) Effective January 1, 2021.)
  166. 3019.7.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The Secretary of State must maintain a vote-by-mail ballot tracking system, and county elections officials must use it unless they provide an equal or better alternative.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3019.7. (a) The Secretary of State shall maintain a system to allow a vote by mail voter to track the voter’s vote by mail ballot through the mail system and as the vote by mail ballot is processed by the county elections official. A county elections official shall use this system unless the county makes available to voters a different vote by mail ballot tracking system that meets or exceeds the level of service provided by the Secretary of State’s system. The system shall, at a minimum, be accessible to voters with disabilities and allow a voter to register to receive information via email or text message from the county elections official about the status of the voter’s vote by mail ballot, including all of the following information: (1) A notification when the ballot has been delivered by the county elections official to the United States Postal Service. (2) A notification of the date, based on information from the United States Postal Service, that the voter’s ballot is expected to be delivered to the voter. (3) A notification if the voter’s ballot is returned as undeliverable to the county elections official by the United States Postal Service. (4) A notification when the voter’s completed ballot has been received by the county elections official. (5) A notification that the voter’s completed ballot has been counted, or, if the ballot cannot be counted, a notification of the reason why the ballot could not be counted and instructions of any steps that the voter can take in order to have the ballot counted. If the ballot cannot be counted because the voter’s signature did not compare or the identification envelope is missing a signature, as described in subdivisions (c) and (e) of Section 3019, and the voter has opted in to receive notifications by text or email, the notification shall include an internet website link to the required form for verifying or providing a signature, as applicable, and instructions for completion. (6) A reminder of the deadline for the voter to return the voter’s ballot if the county elections official has not received a voter’s completed ballot by specified dates as determined by the county elections official. (b) The Secretary of State shall make the system maintained pursuant to subdivision (a) available for use by each county. A county elections official may use the system for the purpose of complying with Section 3019.5. (Amended by Stats. 2025, Ch. 279, Sec. 3. (AB 827) Effective January 1, 2026.)
  167. 302.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    “Ballot card” is defined as a card or set of cards listing candidate names or ballot titles, and it must include blank spaces for write-in names.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 302. “Ballot card” means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot. (Amended by Stats. 2023, Ch. 676, Sec. 3. (AB 1219) Effective January 1, 2024.)
  168. 3020.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    Vote by mail ballots must be received by the elections official or precinct board by the close of polls on election day, with a separate rule allowing certain ballots received by mail up to seven days later to count as timely.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3020. (a) All vote by mail ballots cast under this division shall be received by the elections official from whom they were obtained or by the precinct board no later than the close of the polls on election day. (b) Notwithstanding subdivision (a), any vote by mail ballot cast under this division shall be timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than seven days after election day and either of the following is satisfied: (1) The ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide private mail delivery company on or before election day, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day. (2) If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated pursuant to Section 3011 on or before election day. (c) For purposes of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item. (Amended by Stats. 2021, Ch. 312, Sec. 5. (AB 37) Effective January 1, 2022.)
  169. 3021.5.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    If the Governor declares an out-of-state emergency and issues the needed executive order, a county elections official must issue a vote by mail ballot to a requesting out-of-state emergency worker.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3021.5. (a) Upon the declaration of an out-of-state emergency by the Governor and the issuance of an executive order authorizing an out-of-state emergency worker to cast a ballot outside of their home precinct, a county elections official shall, upon request of an out-of-state emergency worker pursuant to this chapter, issue a vote by mail ballot to the out-of-state emergency worker using a process to be determined by that elections official. The process shall include all of the following: (1) Authorization for a vote by mail ballot and accompanying voting materials to be sent to an out-of-state emergency worker by mail, facsimile transmission, or electronic transmission, as requested by the out-of-state emergency worker. An elections official may use reasonable facsimiles of the county voter information guides sent to voters as vote by mail ballots. (2) A requirement that an out-of-state emergency worker mark the vote by mail ballot provided to them, place it in the vote by mail ballot identification envelope, and return the vote by mail ballot to the elections official from whom it was obtained. If no identification envelope is provided, the envelope used to return the vote by mail ballot to the elections official shall include the information required by subdivision (a) of Section 3011 and a statement signed under penalty of perjury that the voter is an out-of-state emergency worker. (b) In order to be counted, a vote by mail ballot cast pursuant to this section shall be received in compliance with Section 3020. (c) An elections official shall receive and canvass vote by mail ballots cast pursuant to this section by the same procedure as for all other vote by mail ballots cast pursuant to this chapter. (Amended by Stats. 2022, Ch. 161, Sec. 16. (AB 2608) Effective August 22, 2022.)
  170. 3023.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    Vote-by-mail ballots must be sent with a state voter information guide unless the voter already received one.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3023. Each ballot that is delivered pursuant to this chapter shall be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide. The state voter information guide shall display the Internet Web site address for a voter to check the status of his or her vote by mail or provisional ballot. (Amended by Stats. 2017, Ch. 85, Sec. 1. (AB 1044) Effective January 1, 2018.)
  171. 3024.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    Vote by mail ballot administration costs involving school-district issues may not be prorated to a school district, and the Commission on State Mandates must remove certain school district-related entities from the eligible claimant list.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3024. The cost to administer vote by mail ballots where issues and elective offices related to school districts, as defined by Section 17519 of the Government Code, are included on a ballot election with noneducation issues and elective offices shall not be fully or partially prorated to a school district. The Commission on State Mandates shall delete school districts, county boards of education, and community college districts from the list of eligible claimants in the Parameters and Guidelines for the Absentee Ballot Mandates. (Amended by Stats. 2007, Ch. 508, Sec. 36. Effective January 1, 2008.)
  172. 3025.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The Secretary of State must issue regulations by January 1, 2017 setting best-practice security guidelines for vote by mail ballot drop boxes.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3025. (a) For purposes of this section, the following terms have the following meanings: (1) “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. (2) “Vote by mail ballot drop-off location” means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained. (b) On or before January 1, 2017, the Secretary of State shall promulgate regulations establishing guidelines based on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of vote by mail ballot drop boxes, that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations. (Amended by Stats. 2016, Ch. 86, Sec. 93. (SB 1171) Effective January 1, 2017.)
  173. 3025.5.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    Certain counties must provide vote-by-mail ballot drop-off locations, and those locations must meet access and hours requirements.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3025.5. (a) (1) A county that does not conduct an election pursuant to Section 4005 shall provide at least two vote by mail ballot drop-off locations within the jurisdiction where the election is held or at least one vote by mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election, whichever results in more vote by mail ballot drop-off locations. (2) Notwithstanding paragraph (1), for a jurisdiction with fewer than 30,000 registered voters, at least one vote by mail ballot drop-off location shall be provided. The elections official shall make a reasonable effort to provide a vote by mail ballot drop-off location in the jurisdiction where the election is held. (b) A vote by mail ballot drop-off location provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots. All vote by mail ballot drop-off locations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election. (c) At least one vote by mail ballot drop-off location shall be an exterior drop box that is available for a minimum of 12 hours per day. (d) For the purposes of this section, “vote by mail ballot drop-off location” has the same meaning as in Section 3025. (Amended by Stats. 2023, Ch. 479, Sec. 4. (AB 1762) Effective January 1, 2024.)
  174. 3025.7.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    This section requires certain counties to add vote-by-mail ballot drop-off locations at California State University campuses, seek authorization for University of California campus locations, and prefer certain community college campuses when choosing locations.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3025.7. (a) A county that conducts a statewide primary or statewide general election in accordance with Section 3025.5 or 4005 shall, in addition to the vote by mail ballot drop-off locations required by those sections, provide the following vote by mail ballot drop-off locations: (1) The elections official shall designate one location on the main campus of each California State University within the official’s jurisdiction for an additional vote by mail ballot drop-off location. (2) The elections official shall request that the governing body having jurisdiction over any University of California campus within the official’s jurisdiction authorize the use of one location on that campus for an additional vote by mail ballot drop-off location. The University of California is encouraged to comply with a request made under this paragraph. (3) A county may, but is not required to, provide a vote by mail ballot drop-off location on a campus in accordance with this subdivision if the campus is not in session for its fall, winter, or spring term on the day of the election. (b) When selecting ballot drop-off locations required by Section 3025.5 or 4005 for a statewide primary or statewide general election, the elections official shall give preference to locations on community college campuses that will be in session for the fall, winter, or spring term on the day of the election, and that have an annual enrollment of at least 10,000 students. (c) A ballot drop-off location established in accordance with this section shall be accessible to voters with disabilities and shall comply with the general accessibility requirements described in Section 4005. (Amended by Stats. 2023, Ch. 479, Sec. 5. (AB 1762) Effective January 1, 2024.)
  175. 3026.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )

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    The Secretary of State must issue regulations for vote-by-mail ballot processing and consult specified groups when changing signature-comparison rules.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026] ( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. ) ## 3026. (a) The Secretary of State shall promulgate regulations establishing guidelines for county elections officials relating to the processing of vote by mail ballots. (b) The Secretary of State shall evaluate the necessity for procedures that will protect voters’ personally identifying information from elections observers present during the signature comparison process specified in Section 3019. These procedures may be included in the regulations promulgated pursuant to this section. (c) (1) The Secretary of State shall evaluate the cost and necessity of requiring an elections official to use information in the county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying a voter of the opportunity to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019. Based on this review, the Secretary of State may impose these requirements in regulations promulgated pursuant to this section. (2) The Secretary of State shall evaluate the cost and necessity of requiring an elections official to send the additional written notices to voters specified in subparagraph (C) of paragraph (1) of subdivision (d) of, and clause (iii) of subparagraph (B) of paragraph (1) of subdivision (e) of, Section 3019. Based on this review, the Secretary of State may impose these requirements in regulations promulgated pursuant to this section. (d) When promulgating or amending regulations pertaining to signature comparison pursuant to Section 3019, the Secretary of State shall consult with recognized elections experts, voter access and advocacy stakeholders, and local elections officials. (Amended by Stats. 2023, Ch. 701, Sec. 2. (SB 77) Effective January 1, 2024.)
  176. 303.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “ballot label.”

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 303. “Ballot label” means: (a) For a candidate, the combination of candidate name and candidate designation. (b) For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051. (c) For all other measures, the question and statements specified in Section 13119 or the question specified in Section 13120, as applicable. (d) For an advisory vote, the description as indicated in Section 9603. (Repealed and added by Stats. 2023, Ch. 676, Sec. 5. (AB 1219) Effective January 1, 2024.)
  177. 303.1.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    For a statewide referendum measure, the ballot label must use a condensed title and summary, with the title phrased as a question.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 303.1. Notwithstanding Section 303, for a statewide referendum measure, the ballot label shall consist of the condensed title and summary which includes the ballot title in the form of a question and a condensed summary containing the chief purposes and points of the law proposed to be overturned. The condensed title shall be in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The condensed title shall be followed by a condensed summary containing the chief purposes and points of the law proposed to be overturned. The condensed title and summary shall be no more than 75 words total. Commencing January 1, 2025, the condensed title and summary shall be followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051. (Added by Stats. 2023, Ch. 162, Sec. 2. (AB 421) Effective September 8, 2023.)
  178. 303.3.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    Defines a remote accessible vote by mail system and says it must not be connected to a voting system.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 303.3. “Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time. (Amended by Stats. 2023, Ch. 676, Sec. 6. (AB 1219) Effective January 1, 2024.)
  179. 303.4.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    “Ballot on demand system” means a self-contained system that can, as needed, manufacture and finish card stock and turn unfinished ballot cards into ballot cards.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 303.4. “Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis: (a) Manufacture and finish card stock. (b) Finish unfinished ballot cards into ballot cards. (Added by Stats. 2015, Ch. 734, Sec. 1. (SB 439) Effective January 1, 2016.)
  180. 303.5.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “ballot title,” “ballot title and summary,” and “circulating title and summary,” and sets word limits and content requirements for initiative and referendum materials.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 303.5. (a) “Ballot title” is the name of a statewide initiative measure or measure proposed by the Legislature, or, in the case of a statewide referendum measure, the question included in the ballot label and the ballot title and summary. (b) (1) “Ballot title and summary” means, for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. The ballot title and summary for a statewide initiative measure or measure proposed by the Legislature shall include a statement of the measure’s fiscal impact. The ballot title and summary for a statewide initiative measure or measure proposed by the Legislature shall not exceed 100 words, not including the fiscal impact statement. (2) (A) For a statewide referendum measure, “ballot title and summary” means the ballot title that is in the form of a question followed by a summary of the chief purpose and points of the law proposed to be overturned that appears in the state voter information guide. The ballot title shall be posed in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted][followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a summary containing the chief purposes and points of the law proposed to be overturned, including the fiscal impact statement. The ballot title and summary for a statewide referendum measure shall not exceed 100 words, not including the fiscal impact statement. (B) The ballot title and summary that appears in the state voter information guide for a statewide referendum measure shall be followed by the measure’s top funders as set forth in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 9086 of this code and subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 88002 of the Government Code. (c) (1) “Circulating title and summary” means the text that is required to be placed on a petition for signatures that is either one of the following: (A) The summary of the chief purpose and points of a proposed initiative measure that affects the Constitution or laws of the state, and the fiscal impact of the proposed initiative measure. (B) The summary of the chief purpose and points of a referendum measure that affects a law or laws of the state, which includes the ballot title that is in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a summary containing the chief purposes and points of the law proposed to be overturned. (2) The circulating title and summary shall not exceed 100 words, not including the fiscal impact summary for a statewide initiative measure. (Amended by Stats. 2023, Ch. 162, Sec. 3. (AB 421) Effective September 8, 2023.)
  181. 304.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “campaign advertising or communication.”

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 304. “Campaign advertising or communication” means a communication authorized by a candidate or a candidate’s controlled committee, as defined in Section 82016 of the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, or by a committee formed primarily to support or oppose a ballot measure, as defined in Section 82047.5 of the Government Code, for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public, political advertising. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  182. 305.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “candidate” and “candidate for public office” for specific parts of the Elections Code.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 305. (a) “Candidate,” for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office. (b) “Candidate,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individual’s behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individual’s consent for any other person to receive a contribution or makes an expenditure with a view to bringing about the individual’s nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term “candidate” includes any officeholder who is subject to a recall election. (c) “Candidate for public office,” as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individual’s name listed on the ballot of any election, or who has qualified to have written votes on the individual’s behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election. (Amended by Stats. 2023, Ch. 676, Sec. 7. (AB 1219) Effective January 1, 2024.)
  183. 305.5.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “paper cast vote record” and says it counts as a ballot only when it meets specified machine-generation and separate-tabulation conditions.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 305.5. (a) “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. (b) A paper cast vote record is a ballot only if the paper cast vote record is generated on a voting device or machine that complies with ballot layout requirements and is tabulated by a separate device from the device that created the paper cast vote record. (Amended by Stats. 2018, Ch. 57, Sec. 2. (AB 2835) Effective January 1, 2019.)
  184. 306.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    “City measure” means several kinds of city ballot items, including charter proposals, charter amendments, bond propositions, advisory questions, and other questions or propositions submitted to city voters.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 306. “City measure” includes any proposed city charter, any proposed amendment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  185. 307.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    “Clerk” means the county elections official, registrar of voters, city clerk, or another officer or board responsible for conducting an election.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 307. “Clerk” means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. (Amended by Stats. 2002, Ch. 221, Sec. 14. Effective January 1, 2003.)
  186. 308.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “district elections official” for initiative and referendum purposes.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 308. “District elections official,” for the purposes of initiative and referendum under Article 1 (commencing with Section 9300) of Chapter 4 of Division 9, includes the county elections official or other officer or board charged with performing the duties required of the clerk of the district by that chapter. (Amended by Stats. 2002, Ch. 221, Sec. 15. Effective January 1, 2003.)
  187. 309.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    This section defines “committee” for a specified part of the Elections Code.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 309. “Committee,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means any person or combination of persons who, directly or indirectly, receive contributions or make expenditures or contributions for the purpose of influencing or attempting to influence the action of voters for or against the nomination or election of one or more candidates, or the passage, or defeat of any measure, and who is required to file campaign reports or statements under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  188. 310.

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

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    For this code, “county” and “city” include “city and county.”

    ## Elections Code - ELEC ## DIVISION 0.5. PRELIMINARY PROVISIONS [1 - 362] ( Division 0.5 heading added by Stats. 1996, Ch. 1143, Sec. 17. ) ## CHAPTER 4. Definitions [300 - 362] ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ## 310. “County” and “city” both include “city and county.” (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
  189. 3101.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    The Secretary of State and local elections officials must provide military and overseas voting information, materials, and ballot-request systems, and the Secretary of State must prescribe declaration and ballot-completion requirements.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3101. (a) The Secretary of State shall see that this chapter is enforced pursuant to Section 12172.5 of the Government Code. (b) The Secretary of State shall make available to any person who qualifies as a military or overseas voter information regarding voter registration procedures for military or overseas voters and procedures for casting ballots by military or overseas voters. (c) The elections official for each district shall ensure that their jurisdiction has available a system that would allow a military or overseas voter to electronically request a ballot and other information pursuant to this chapter. (d) The Secretary of State shall develop standardized military or overseas voter voting materials as required by this chapter. (e) The Secretary of State shall prescribe the form and content of a declaration for use by a military or overseas voter to swear or affirm specific representations pertaining to the voter’s identity, eligibility to vote, and status as a military or overseas voter, and shall further prescribe requirements for the timely and proper completion of a military or overseas voter’s ballot. The declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this chapter. The elections official for each jurisdiction shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required. (Amended by Stats. 2022, Ch. 161, Sec. 18. (AB 2608) Effective August 22, 2022.)
  190. 3102.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    Military or overseas voters have a right to register and vote in specified elections, must complete the registration application, and the application must be postmarked by the 15th day before the election to be effective.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3102. (a) Any voter who qualifies as a military or overseas voter pursuant to subdivision (b) of Section 300 shall have the right to register for, and to vote in, any election within the state, including any general, special, or primary election for any federal or statewide office or state ballot measure that is voted on statewide. Any voter who qualifies as a military or overseas voter pursuant to subdivision (b) of Section 300 shall also have the right to register for, and to vote in, any other election for any office or ballot measure held in the precinct in which the voter was a resident when the voter was last living within the territorial limits of the United States or the District of Columbia, or, for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, in any precinct of the state in which the voter’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia. (b) When a military or overseas voter registers to vote, the application shall be completed by the voter and shall contain the voter’s name; the voter’s date of birth; the address of the voter’s residence in the state when the voter was last living within the territorial limits of the United States or the District of Columbia or, if qualified as a military or overseas voter pursuant to paragraph (2) of subdivision (b) of Section 321, the address of the voter’s parent or legal guardian when the parent or legal guardian was last living within the territorial limits of the United States or the District of Columbia; the address to which the ballot is to be sent; the voter’s political party preference or a statement that the voter declines to disclose a political party preference; and the voter’s signature. (c) If an elections official receives a completed federal postcard application from a person qualified as a military or overseas voter, the application shall be deemed to be an affidavit of registration. (d) If the applicant is not a resident of the county to which the applicant has applied, the elections official receiving an application from a military or overseas voter shall forward it immediately to the county in which the applicant resided when the applicant was last living within the territorial limits of the United States or the District of Columbia or, for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia. (e) An application made pursuant to this section that is received by the elections official having jurisdiction over the election and deemed to be an affidavit of registration shall be effective only if it is postmarked on or before the 15th day prior to the election. (Amended by Stats. 2022, Ch. 161, Sec. 19. (AB 2608) Effective August 22, 2022.)
  191. 3103.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    When a timely application under Section 3102 is received, the elections official must examine it for proper execution. If satisfied, the applicant is treated as a duly registered voter as of the application date.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3103. Upon timely receipt of an application received pursuant to Section 3102, the elections official shall examine the application to ascertain that it is properly executed in accordance with this code. If the elections official is satisfied of this fact, the applicant shall be deemed a duly registered voter as of the date appearing on the application to the same extent and with the same effect as though he or she had registered in proper time prior to the election. (Added by renumbering Section 3101 by Stats. 2012, Ch. 744, Sec. 5. (AB 1805) Effective January 1, 2013.)
  192. 3104.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    Applications for military or overseas voters’ ballots must be received, and—unless Section 3106 applies—the ballots must be received and canvassed at the same time and under the same procedure as vote-by-mail ballots, so far as that procedure is consistent with this chapter.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3104. Applications for the ballots of military or overseas voters shall be received and, except as provided in Section 3106, the ballots shall be received and canvassed, at the same time and under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this chapter. (Added by renumbering Section 3102 by Stats. 2012, Ch. 744, Sec. 7. (AB 1805) Effective January 1, 2013.)
  193. 3105.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    This section sets deadlines for elections officials to handle military and overseas voting applications and ballots, and gives those voters options such as write-in voting and fax-based registration/applications.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3105. (a) Any application made pursuant to this chapter that is received by the elections official prior to the 60th day before the election shall be kept and processed on or after the 60th day before the election. (b) (1) The elections official shall send the ballot not earlier than 60 days but not later than 45 days before the election and shall include with the ballot a list of all candidates who have qualified for the ballot and a list of all measures that are to be submitted to the voters and on which the voter is qualified to vote. The voter shall be entitled to write in the name of any specific candidate seeking nomination or election to any office listed on the ballot. (2) The military or overseas voter may, in the alternative to the ballot provided pursuant to paragraph (1), use a federal write-in absentee ballot to vote in any election in which the military or overseas voter is qualified to vote. (c) Notwithstanding Section 15341 or any other provision of law, any name written upon a ballot for a particular office pursuant to subdivision (b) shall be counted for the office or nomination, providing the candidate whose name has been written on the ballot has, as of the date of the election, qualified to have his or her name placed on the ballot for the office, or has qualified as a write-in candidate for the office. (d) Except as provided in Section 3106, the elections official shall receive and canvass military or overseas voter ballots described in this section under the same procedure as vote by mail ballots, insofar as that procedure is not inconsistent with this section. (e) In the event that a military or overseas voter executes a ballot pursuant to this section and an application for a vote by mail ballot pursuant to Section 3102, the elections official shall process the application and the ballot in accordance with this chapter. (f) Notwithstanding any other provision of law, a military or overseas voter who qualifies pursuant to this chapter may, by facsimile transmission, register to vote and apply for a ballot pursuant to this section or a vote by mail ballot. Upon request, the elections official shall send the ballot to the qualified military or overseas voter either by mail, facsimile, or electronic transmission, as requested by the voter. (Added by renumbering Section 3103 by Stats. 2012, Ch. 744, Sec. 8. (AB 1805) Effective January 1, 2013.)
  194. 3106.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    Military and overseas voters in the stated circumstances may return a ballot by facsimile transmission, but it must arrive by the close of polls on election day and include the required envelope and oath.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3106. (a) A military or overseas voter who is living outside of the territorial limits of the United States or the District of Columbia, or is called for military service within the United States on or after the seventh day prior to the date of the election, may return their ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voter’s elections official no later than the closing of the polls on election day and shall be accompanied by an identification envelope containing all of the information required by Section 3011 and an oath of voter declaration in substantially the following form: “OATH OF VOTER I,, acknowledge that by returning my voted ballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter. My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code). My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code). My email address is _________________. My facsimile transmission number is _________________. I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not voted, nor intend to vote, a ballot from any other jurisdiction for the same election. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this __________ day of ______, 20_____. (Signature) (voter)(power of attorney cannot be accepted) YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT AND IDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.” (b) Notwithstanding the voter’s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission. (c) Upon receipt of a ballot returned by facsimile transmission, the elections official shall determine the voter’s eligibility to vote by comparing the signature on the return information with the signature on the voter’s affidavit of registration or any signature permitted for comparison under Section 3019. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code. (d) Notwithstanding subdivision (a), a military or overseas voter who is permitted to return their ballot by facsimile transmission is, nonetheless, encouraged to return their ballot by mail or in person if possible. A military or overseas voter should return a ballot by facsimile transmission only if doing so is necessary for the ballot to be received before the close of polls on election day. (Amended by Stats. 2022, Ch. 161, Sec. 20. (AB 2608) Effective August 22, 2022.)
  195. 3107.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    A non-county elections official must send a received application to the county elections official after the election; the county elections official must file it if it is not rejected. If the application is rejected, it must be returned to the applicant with the rejection reason and a new blank application.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3107. When the application is received by an elections official, other than a county elections official, the elections official receiving it shall, after the election, transmit it to the county elections official who, if the application is not subject to rejection, shall file the original. If an application is rejected, it shall be returned to the applicant with the reason for rejection endorsed on it, together with a new blank application. (Added by renumbering Section 3106 by Stats. 2012, Ch. 744, Sec. 11. (AB 1805) Effective January 1, 2013.)
  196. 3109.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    A qualifying military or overseas voter may apply for a replacement ballot, and the elections official must either issue another vote-by-mail ballot or certify the voter to the precinct board.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3109. If any military or overseas voter to whom a vote by mail ballot has been mailed and which ballot has not been voted by them returns to the county in which they are registered, or for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia on or before election day, they may apply for a replacement ballot pursuant to Section 3014. The elections official shall then issue another vote by mail ballot to the voter, or the elections official shall certify to the precinct board that the voter is eligible to vote in the election. (Amended by Stats. 2023, Ch. 650, Sec. 2. (AB 398) Effective January 1, 2024.)
  197. 3110.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    Military or overseas voters who return after the seventh day before an election may apply for registration, and the elections official must register an unregistered voter and give the voter a vote-by-mail ballot.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3110. If any military or overseas voter returns to the county of their residence, or for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia, after the seventh day prior to the date of the election, they may appear before the elections official and make application for registration. The elections official shall register the voter, if the voter is not registered, and deliver to the voter a vote by mail ballot which may be voted in the elections official’s office or voted outside the elections official’s office on or before the close of the polls on the day of election and returned as are other vote by mail ballots. (Amended by Stats. 2022, Ch. 161, Sec. 21. (AB 2608) Effective August 22, 2022.)
  198. 3111.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    Military or overseas voters who are recalled to service in the relevant time window may appear before the elections official and receive a vote-by-mail ballot; the ballot must be returned by the election deadline to be counted.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3111. If a military or overseas voter is unable to appear at their polling place because of being recalled to service after the seventh day prior to the date of the election, but before 5 p.m. on the day before the day of the election, they may appear before the elections official in the county in which the military or overseas voter is registered or, if within the state, in the county in which the voter is recalled to service. The elections official shall deliver to the voter a vote by mail ballot which may be voted in the elections official’s office or voted outside the elections official’s office on or before the close of the polls on the day of election and returned as are other vote by mail ballots. To be counted, the ballot shall be returned to the elections official’s office in person, by facsimile transmission, or by an authorized person on or before the close of the polls on the day of the election. If the military or overseas voter appears in the county in which the voter is recalled to service, rather than the county to which the voter is registered, the elections official shall coordinate with the elections official in the county in which the military or overseas voter is registered to provide the ballot that contains the appropriate measures and races for the precinct in which the military or overseas voter is registered. (Amended by Stats. 2022, Ch. 161, Sec. 22. (AB 2608) Effective August 22, 2022.)
  199. 3112.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    If federal law provides for vote-by-mail, a ballot application under that law may be treated the same as one under this code. If federal law sends such applications to the Secretary of State, the Secretary must forward them to the county elections official for the applicant’s residence, or for certain military or overseas voters, to the county tied to the parent or legal guardian’s last U.S. or D.C. residence.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3112. Whenever by any statute of the United States, provision is made for vote by mail, an application for a vote by mail ballot made under that law may be given the same effect as an application for a vote by mail ballot made under this code. If, by any federal statute, provision is made for the transmission of applications for vote by mail status to the Secretary of State, he or she shall transmit the applications to the county elections official of the county in which the applicant claims residence, or for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia. (Added by renumbering Section 3111 by Stats. 2012, Ch. 744, Sec. 16. (AB 1805) Effective January 1, 2013.)
  200. 3113.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. )

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    If federal law provides for voting by military or overseas voters, that federal law controls over conflicting state code provisions, and certain election officers must carry out the duties and obligations the federal law places on them.

    ## Elections Code - ELEC ## DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3123] ( Heading of Division 3 amended by Stats. 2007, Ch. 508, Sec. 10. ) ## CHAPTER 2. Military and Overseas Voters Application and Voting Procedures [3101 - 3123] ( Heading of Chapter 2 amended by Stats. 2012, Ch. 744, Sec. 3. ) ## 3113. If by any act of Congress which is now or may become effective during the effective period of this section, provision is made for voting by military or overseas voters, that act shall control and be superior to any conflicting provisions of this code, and all state, county, municipal, and district officers who are charged with the performance of duties with reference to the election laws of this state shall perform the duties and discharge the obligations placed upon them by that act of Congress. It is the purpose and intent of this section that full effect shall be given to ballots cast by military or overseas voters under federal statutes in order that no person shall be deprived of his or her vote by virtue of having cast his or her ballot under any federal statute rather than under the laws of this state. (Added by renumbering Section 3112 by Stats. 2012, Ch. 744, Sec. 17. (AB 1805) Effective January 1, 2013.)

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