CALIFORNIA Frequently Asked Questions Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision making. Voters’ Rights to Access the Polls on Election Day: 1. It is after 7:00 AM and the polling place is not open – what should I do? Contact your Election Protection Team Leader or call center Captain. The Election Protection leadership should call the County Election Official immediately. The telephone numbers can be found at: http://www.sos.ca.gov/elections/elections_d.htm. The Secretary of State has also established a tollfree hotline to report suspicions of voting or registration irregularities ((800) 345-VOTE (8683)). 2. The polling place is open but the voting machines aren’t here – what should I do? Contact your Election Protection Team Leader or Call Center Captain. The Election Protection leadership should call the County Election Official immediately. The Secretary of State has also established a toll-free hotline to report suspicions of voting or registration irregularities. The number is (800) 345-VOTE (8683). Voters should be permitted to vote by back-up paper ballots or by provisional ballots if the machines are not functioning or not available. 3. It’s not 8:00 PM yet, but my precinct is closed or closing and they will not let people vote – what should I do? Contact your Election Protection Team Leader or Call Center Captain. The Election Protection leadership should call the County Election Official immediately. The Secretary of State has also established a toll-free hotline to report suspicions of voting or registration irregularities. The number is (800) 345-VOTE (8683). 4. There are equipment problems at my precinct and voters cannot vote - what should I do? Contact your Election Protection Team Leader or call center Captain. The Election Protection leadership should call the County Election Official immediately. The Secretary of State has also established a toll-free hotline to report suspicions of voting or registration irregularities ((800) 345VOTE (8683)). Voters should be permitted to vote by a back-up paper ballot or by provisional ballot if the machines are not functioning or not available. 1 10/25/2012 Identification and Provisional Ballots: 1. I do not have any identification with me. Can I vote? Yes. However, if (1) the voter registered by mail, (2) has not voted in this county before, AND (3) did not provide a driver license number, California identification number or the last four digits of his/her social security number on the registration form, the voter will be required to provide a form of identification or proof of residency when he/she votes in person or by mail. Acceptable forms of identification or proof of residency include a passport, driver license, official state identification card, a student identification card showing your name and photograph, a copy of a recent utility bill, the sample ballot booklet you received from the county elections office or another document sent to you by a government agency. 2. Poll workers are turning voters away because they don’t have photo ID – what should I do? Encourage the voter to go back inside the polling and demand the right to vote by a REGULAR ballot. The ONLY time a voter in California is required to show any type of document before voting is if the person registered by mail AND did not provide their driver’s license number, state identification number or last four digits of their social security number AND it is their first time voting in this county. In that instance, the voter may be asked for one of over 30 acceptable forms of identification or proof of residency, such as a utility bill or a check from the government. This does NOT have to be a photo ID. If a voter is being asked to show identification or proof of residency for any reason other than the above limited circumstance, contact your Election Protection Team Leader or call center Captain immediately. Where there is a legal field program, an attorney will be dispatched to the polling place. If the issue cannot be resolved at the polling place, the Election Protection Leadership should call the local board of elections. 3. I am a registered voter who is not on the rolls at my precinct. Can I vote? Yes. If a voters name does not appear on the rolls at his or her precinct, he/she has the right to cast a PROVISIONAL ballot. (See directly below for important information regarding provisional ballots.) This is not uncommon due to the volume of voters in California and the late registration closing date. When voting a provisional ballot, the voter must execute, in the presence of an elections official, a written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote. The voter will also provide as much information as possible to allow county officials to confirm that the voter is registered. However, casting a provisional ballot is a last resort, and before doing so the voter should attempt to determine whether s/he is in fact voting in the correct precinct and whether the voter is on the inactive voters roll. 2 10/25/2012 4. I have been offered a provisional ballot. What should I do? Provisional ballots are a LAST resort because they will not be counted unless they “pass” a post-election research inspection by election officials. Thus, voters should always request a REGULAR ballot first. However, the majority ARE counted. If the elections official refuses to give the voter a regular ballot, the voter should demand that the elections official explain the reason for such refusal. If the reason for such refusal is one of the following, then the voter should follow the elections official’s instructions to vote the provisional ballot: there is a question about the voter’s right to vote at the polling place, such as the absence of the voter’s name on the voter rolls or a challenge, that cannot be resolved by any approved means; the voter (1) is a first-time voter in this county who registered to vote by mail, (2) did not provide driver license number, California identification number or the last four digits of his/her social security number on the registration form, and (3) has no ID or proof of residence; or the voter moved within a county, but did not update his/her voter registration information to reflect the move and the voter wants to cast a ballot in the polling place for his NEW address; the voter requested a vote by mail (“VBM”) ballot, but does not have it with him/her; the voter is voting during extended polling place hours as per court order; the voter is registered to vote, but is attempting to vote in a precinct different from the one in which the voter is registered or assigned; or the voter moved within a county, but did not update his/her voter registration information to reflect the move. If the elections official gives the voter any other reason for refusing to give the voter a regular ballot, contact your Team Leader or Captain immediately so that an attorney can go to the precinct to check on the problem. Where to Vote: 1. Where do I vote (for voters who have not moved since they registered or last updated registration)? Polling place locations are coordinated by county elections offices. A voter’s polling place will be listed on the back cover of his or her county sample ballot booklet. Many county elections offices offer polling place look-up assistance via websites or toll-free phone numbers. For more information, visit the Secretary of State's website at www.sos.ca.gov/elections/elections_d.htm or call the California toll-free Voter Hotline at (800) 345VOTE (8683). Smart Voter also has a polling place locator on its website, www.smartvoter.org. 3 10/25/2012 2. I moved from one address to another within the SAME county but did not update my address for voter registration purposes. Where should I vote? Voters can vote by PROVISIONAL ballot at the polling place for their NEW address, or at their county election official’s office or other central location designated by that elections official. Voters will need to provide their new and prior addresses on the provisional ballot envelope, which will be verified after the election. If a voter moved within 14 days before the election and did not inform his/her county election official of the change in address, he/she can vote at his or her OLD polling place by REGULAR ballot. At the polling place, the voter will need to file a change-of-address notice to indicating the new address. However, if a voter has moved from his/her home into a temporary residence that s/he does not intend to use as a permanent residence, s/he can continue to use the prior permanent residence where s/he was previously registered to vote as his/her address for the purpose of voting. 3. I moved from one county to another county and I have not re-registered to vote. Where do I go to vote? A voter can vote by REGULAR ballot at the voter’s OLD polling place ONLY IF the voter moved less than 14 days before the election. If the voter moved from one county to another more than 14 days before the election and did not reregister to vote in the voter’s new county, the voter may not vote in the election. Assistance at the polls: 1. I am physically disabled and need assistance; will my polling place be accessible? The back page of all sample ballots includes information about polling place accessibility. For polling places that do not meet accessibility requirements, voters will be allowed to vote “curbside” (outside of the poll location) if they cannot get inside the polling place because of architectural barriers or other limitations -- a poll worker will bring a ballot and punching device outside and assist the voter in casting the ballot. Voters also may be allowed to vote at the nearest accessible polling place. If a polling place is not accessible and the poll workers will not provide assistance, immediately contact your Election Protection Team Leader or call center Captain. The Election Protection leadership should get in touch with the responsible election official to report the problem immediately. They may also call the California toll-free Voter Hotline at (800) 345-VOTE (8683). 4 10/25/2012 2. I am blind, physically disabled, or cannot read English and require assistance at the polls in order to vote. Can I get assistance at the polls? If a voter requires assistance at the polls due to blindness, disability, or inability to read or write in English, he/she may bring a person of their choice into the voting booth (except an employer, an agent of employer or agent of their union). All voters requiring assistance must take an oath stating the reason why assistance is required. Election Protection volunteers can serve as assistants to disabled or language minority voters if asked to do so by the voter. Federal law requires that ballots, instructions, voting materials and bilingual poll workers must be available in certain counties: Asian Indian: Los Angeles County Chinese: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Mateo, and Santa Clara Counties Korean: Los Angeles, and Orange Counties Japanese: Los Angeles County Spanish: Alameda, Colusa, Contra Costa, Fresno, Glenn, Imperial, Kern, Kings, Los Angeles, Madera, Merced, Monterey, Napa, Orange, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Mateo, Santa Barbara, Santa Clara, Stanislaus, Tulare and Ventura Counties Tagalog/Filipino: Alameda, Los Angeles, San Diego & Santa Clara Counties Vietnamese: Alameda, Los Angeles, Orange, San Diego, and Santa Clara Counties Contact your Team Leader or Captain immediately if a poll worker refuses to allow a disabled or language minority voter to bring a person of their choice into the voting booth, or if a poll worker refuses to provide a ballot in Spanish (or in other language in certain counties, as described above). Miscellaneous Issues: 1. I have been approached by candidates or others at the polls – is this OK? All electioneers or campaigners must stay at least 100 fe et from the entrance to the polling place. As long as they comply with this rule, they can solicit voters. This applies to signage supporting a particular position as well as people. If electioneers are violating the 100-foot requirement, contact your Election Protection Team Leader or call center Captain, let them know the extent of the problem and work with them to assess if calling an election official is necessary. Poll monitors are permitted to approach voters as the exit the polls but may not interfere with access to the polling place. 5 10/25/2012 2. What if I requested a vote-by-mail ballot but I want to vote in person on Election Day? If a voter wants to vote in person at the polls on Election Day, s/he must return the UNVOTED voteby-mail ballot to the poll officials. S/he will then be permitted to vote by REGULAR ballot. If the voter cannot find (or never received) the vote-by-mail ballot, s/he can vote by PROVISIONAL ballot. After the election, if the election officials can confirm that the particular voted never received the vote-by-mail ballot, the provisional ballot should be counted. 3. There are people at the polls trying to intimidate voters. Contact your Election Protection Team Leader or call center Captain immediately. An attorney will be dispatched to the polling place. If the voter agrees, put the voter on hold while you contact a commander so they can send an attorney to the location immediately. Then, gather as much information from the voter as possible. Also, alert the Call Center Captain. Leadership may also call the California toll-free Voter Hotline at (800) 345-VOTE (8683). 4. I have a felony conviction. Can I vote? Once an individual has completed a felony sentence, including any parole, s/he may re-register to vote. In this circumstance, the voter must re-register before the registration deadline. If someone was sentenced only with probation, s/he remains eligible to vote. An individual may register and vote if: he or she is in a local jail as a result of a misdemeanor conviction; he or she is awaiting trial and have not yet been convicted of a crime; he or she has completed parole for a felony conviction; or he or she has been sentenced to probation; he or she is not under post-release supervision as a result of the felony, not serving a sentence in county jail for a low-level felony, or not on supervised release as an alternative to serving the concluding part of a low-level felony sentence in county jail as defined by the Criminal Justice Realignment Act of 2011. 5. I am a college student, can I vote where I go to school? Yes. College students may (but are not required to) register and vote where they go to school, provided that they meet the state’s residency requirements (citizenship, age, lack of criminal status). Students must be held to the SAME eligibility requirements as any other voter in the jurisdiction. As discussed above, if a student has moved from his/her home into a temporary residence that s/he does not intend to use as a permanent residence, s/he can also continue to use the prior permanent residence where s/he was previously registered to vote as his/her address for the purpose of voting. If a student is turned away at the polls, ascertain whether the student has fulfilled all of the registration requirements and that the student registered on time for this election -- If s/he meets the requirements, contact Election Protection Team Leader or call center Captain to dispatch an attorney to the location and contact the appropriate election official. 6 10/25/2012
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