CALIFORNIA
Comprehensive 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.
Voting by Mail (VBM)
1)
2)
3)
4)
5)
6)
7)
8)
9)
Eligibility
Deadlines
Requesting a VBM Ballot
Completing a VBM Ballot
Permanent VBM Status
Military and Overseas Voters
Emergency VBM Procedures
Voting in Person after Requesting a VBM Ballot
Assistance with a VBM Ballot
Election Official Authority
1) What are the Duties of the Secretary of State?
2) What are the Duties of County/Local Election Officials?
Registration
1) Eligibility to Register
2) Residency Requirements
3) Applications for Registration
4) Timing of Registration
5) Changes to Registration Information
6) College Students
7) Military Personnel and Overseas Voters
8) Removal from Registration List
9) Restoration of Voting Rights
10) Third-Party Registration
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Responding to Challenges, Intimidation and
Deceptive Practices
1)
2)
3)
4)
5)
Electioneering Boundaries
Challenges by Poll Workers
Challenges by Other Voters
Deceptive Information
Intimidation by Poll Workers or Other Voters
Voting In Person
1) Early Voting
2) Where to Vote
3) Hours Polling Places are Open
4) Duties of Poll Workers
5) Who May Be Present
6) Identification Required
7) Registration Missing from the Rolls
8) Changed Name or Address
9) Provisional Ballot
10) Assistance
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Voting by Mail (VBM)
See Also: Voting in Person – Early Voting
Table of Contents:
1) Eligibility
2) Deadlines
3) Requesting a VBM Ballot
4) Completing a VBM Ballot
5) Permanent VBM Status
6) Military and Overseas Voters
7) Emergency VBM Procedures
8) Voting in Person after Requesting a VBM Ballot
9) Assistance with a VBM Ballot
1. Eligibility: Am I eligible to vote by mail (VBM)?
See Also: Registration – Eligibility to Register
Response: Any registered and qualified voter may vote by mail whether or not the voter is actually
absent from their county of residence. Registered voters may apply for a vote-by-mail ballot for an
upcoming election at any time. If a voter applies by mail, the application must be received no later
than 7 days before an election, otherwise the voter will need to apply in person to get a vote-bymail ballot for that election.
Note: California does not use the phrase “absentee” voting because California encourages all
qualified voters to take advantage of alternate means by which they may vote if they are unable or
unwilling to go to the polls on election day.
[CA Elections Code §§ 300, 3003, and 14212]
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2. Deadlines: How far in advance should I request and return a VBM ballot?
See Also: Voting By Mail – Military and Overseas Voters
Response: A request for a VBM ballot must be made in writing to the county elections official
between 29 and 7 days before the election. Any applications received by the elections official prior
to the 29th day will be kept and processed during the application period.
For the upcoming election, VBM requests must be RECEIVED by October 30, 2012.
[CA Elections Code § 300; http://www.sos.ca.gov/elections/elections_m.htm#apply]
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3. Requesting a VBM Ballot: How Do I Request a VBM Ballot?
Response: No specific form is required to request a VBM ballot, so long as the request is made in
writing to the appropriate county elections official and contains the following:

voter’s name and residence address as stated on registration card;

the address to which the VBM ballot should be sent;

the name and date of the election in which the voter would like to use the VBM process;
and

the voter’s signature.
Note: While no specific form is required, the California Secretary of State has provided a vote-bymail application form which can be found at: http://www.sos.ca.gov/elections/vote-by-mail/pdf/fill-invote-by-mail-app-instruct.pdf.
[CA Elections Code § 3006]
Sample ballots also include an application form that can be used to obtain a VBM application, or
voters may use the form provided on the Secretary of State’s website at:
http://www.sos.ca.gov/elections/elections_m.htm#apply
Once the county election official processes and approves a VBM application, the proper ballots will
be sent to the voter automatically. [CA Elections Code § 3010]
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4. Completing a VBM Ballot: How do I complete and return a VBM ballot?
Response: After marking the ballot, a voter should insert it into the envelope provided for this
purpose, making sure to complete all required information on the envelope. The completed, sealed
envelope may then be returned by:


mailing it or returning it in person to the county elections official;
returning it in person to any member of a precinct board at any polling place within the
jurisdiction; or

if a voter is ill or physically disabled, by authorizing a legally-allowable third party (relative or
person residing in the same household as the voter) to return the ballot on the voter’s
behalf to the elections official from whom it came or to the precinct board at any polling
place within the jurisdiction.
Regardless of how the ballot is returned, it MUST be received by the county elections office by
the time polls close, 8 p.m. on Election Day.
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Note: Late VBM voter ballots are not counted. If a voter attempts to hand in a VBM ballot at a
polling place located in a county other than the county of the elections official who issued the
ballot, the poll worker should tell the voter that the ballot will not be counted since a ballot may
only be accepted before the polls close in the county that issued the ballot.
[CA Elections Code §§ 3011, 3017, and 3020]
http://www.sos.ca.gov/elections/pdfs/poll-worker-training-standards-final-031210.pdf
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5. Permanent VBM Status: How Do I Obtain Permanent VBM Status?
Response: Any voter may apply for permanent VBM voter status by completing an application, which
is available from the county elections official. [CA Elections Code §§ 3201-3202]
The county elections official will process the application in the same manner as an application for a
regular VBM ballot. If the elections official determines that the applicant is a registered voter, then
the county elections official will place the voter’s name on a list of those to whom a VBM ballot is
sent each time there is an election within their precinct. [CA Elections Code § 3203]
If the voter fails to return an executed VBM ballot in two consecutive statewide general elections,
the voter’s name will be deleted from the permanent vote by mail list. [CA Elections Code § 3206]
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6. Military and Overseas Voters: How do I request, receive, and return a VBM ballot?
See Also: Registration – Military Personnel and Other Voters Living Overseas
Response: As a military and overseas voter, there are several different ways you can request,
receive, and return your ballot once you are registered to vote.
Register to Vote: Even if you were registered to vote when you lived in California, in order to
receive your elections materials and vote while living overseas, you need to apply for a Special
Absentee Ballot by faxing or mailing the Federal Post Card Application (FPCA) that is accepted by all
states and U.S. territories. (Available at http://www.fvap.gov/resources/media/fpca.pdf).
The FPCA is postage-paid in the U.S. mail, including the Military Postal System and State Department
Pouch mail. Members of the military can also obtain an FPCA from their installation's Voting
Assistance Officer. Civilian overseas voters can obtain an FPCA at any U.S. embassy or consulate.
An online version of the FPCA, as well as mailing information and answers to frequently asked
questions, is available at Federal Voting Assistance Program.
Request and Receive Your Ballot: When you register as a Special Absentee Voter, you can choose
to get your ballot mailed to you, faxed to you or emailed to you. You may even be able to
download it from the county's website. A list of county addresses and websites can be found on the
Secretary of State’s website at: http://www.sos.ca.gov/elections/elections_mov.htm.
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Return Your Voted Ballot: You can either mail or fax your ballot back to your county elections
official. If you decide to fax your voted ballot, you must also fax an "Oath of Voter" form with it to
waive your right to a confidential vote. You can request this form from your county elections
official or use the FVAP alternative form found at Federal Voting Assistance Program
website. Many counties also accept the federal oath form: Federal Voting Assistance Program
(FVAP) Alternative Form. Please check with your county before using the federal oath form. Under
California law, while you may receive a blank ballot by email, you may not return a voted ballot by
email.
Deadline: All voted ballots must be received by the county elections official before the polls
close in California at 8:00 p.m. on November 6, 2012, in order to be counted.
Additional Information: Under California law, military or overseas voters who submit an FPCA will
automatically be registered as permanent special absentee voters. As a permanent special absentee
voter, you will automatically receive your special absentee ballot in all future elections. However, if
you do not vote in two consecutive general elections, you will lose your permanent special absentee
voter status and you will have to submit a new FPCA.
Additionally, you will need to send your county elections official a new FPCA if you:

Change your mailing address,

Change your name, or

Change your political party affiliation.
Election materials (including your ballot and sample ballot booklet) cannot be forwarded to an
address that is different from the one you listed on your FPCA. By promptly submitting a new
FPCA to your county elections official when you change your mailing address, you will ensure that
you receive your ballot in a timely manner.
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7. Emergency VBM Procedures: How Can I Make An Emergency Request to Vote By
Mail?
Response: If less than 6 days remain before an election, a voter may make an emergency request to
have a VBM ballot delivered to him or her. The voter would need to submit a written request,
signed under penalty of perjury. Such requests will be granted if the voter:




has an illness or disability resulting in confinement in a hospital, sanatorium, nursing home,
or similar residence;
is unable to get to his or her polling place because of a physical handicap;
is unable to vote at his or her polling place because architectural barriers are denying him or
her physical access to the polling place, voting booth, or voting apparatus or machinery; or
is unable to go to his or her polling place because of conditions resulting in his or her
absence from the precinct on election day.
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The elections official should deliver the VBM ballot to any authorized representative of the voter
who presents this written statement to the elections official. Before delivering the ballot, the
elections official may compare the signature on the request with the signature on the voter’s affidavit
of registration, but in any event, the signature shall be compared before the VBM ballot is canvassed.
The voter should mark the VBM ballot, place it in the identification envelope, fill out and sign the
envelope and return the ballot (personally or through the authorized representative) to either the
elections official or any polling place within the jurisdiction. These ballots will be processed and
counted in the same manner as other vote by mail ballots. [CA Elections Code § 3021]
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8. Voting in Person after Requesting a VBM Ballot: Can I change my mind and vote in
person after having requested a Vote-By-Mail Ballot?
See Also: Voting in Person – Provisional Ballots
Response: Any voter using a VBM ballot may, prior to the close of the polls on Election Day, vote
the ballot at the office of the elections official in the presence of an officer of the elections official or
in a voting booth, at the discretion of the elections official. [CA Elections Code § 3018 ]
Vote-by-mail voters who return to their home precincts on Election Day may vote only if they
surrender their VBM ballots to the inspector of the precinct board. The precinct board shall return
the unused VBM ballots to the elections official in an envelope designated for this purpose. [CA
Elections Code § 3015]
Any VBM voter who is unable to surrender his or her VBM ballot shall be entitled to vote using a
provisional ballot. [CA Elections Code § 3016]
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9. Assistance with a VBM Ballot: Can I obtain assistance with a VBM ballot if a disability
makes it difficult for me to do so otherwise?
See Also: Voting in Person –Assistance
Response: Yes. A VBM voter who can’t return the ballot because of illness or other physical
disability may designate his or her relative or a person residing in the same household as the voter
to return the ballot. The ballot must be received by either the elections official from whom it came
or by the appropriate precinct board at any polling place within the jurisdiction before the close of
the polls on Election Day. [CA Elections Code § 3017(a)]
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Election Official Authority
Table of Contents:
1) What are the Duties of the Secretary of State?
2) What are the Duties of County/ Local Election Officials?
1. What are the Duties of the Secretary of State?
Response: The Secretary’s powers and responsibilities with respect to elections include, among
other things:

Ensuring that elections are efficiently conducted and that state election laws are enforced;

Requiring elections officers to make reports concerning elections in their jurisdiction;

Notifying county district attorneys or the Attorney General of any election law violations
and, in such instances, assisting the county elections officer in discharging his or her duties.
To determine whether an elections law violation has occurred, the Secretary of State may
examine ballots, vote-counting computer programs, and any other voting applications or
supplies. The Secretary of State also may examine elections officials’ records to make his or
her determination;

Compiling the results for the offices and measures (the “statement of the vote”) and, when
complete, making them immediately available to the public; and

Making a supplement to the statement of the vote within 120 days, to show the number of
votes cast in each county, city, Assembly district, senatorial district, congressional district
and supervisorial district for each candidate for the offices of presidential elector, Governor,
and United States Senator and on each statewide ballot proposition.
[CA Government Code §§ 12172.5, 15500, 15502]
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2. What are the Duties of County/ Local Election Officials?
Response: All 58 California counties have election officials who are responsible for conducting the
elections. An election official can be any person who is charged with the duty of conducting an
election or a city clerk, county clerk, registrar of voters, or an elections supervisor having
jurisdiction over elections. [CA Elections Code § 320]
Election officials’ responsibilities include, among other things:

Dividing each county into precincts and preparing detailed maps or exterior descriptions
thereof, or both. [CA Elections Code § 12220]
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
Establishing and providing places for registration and voting. [CA Elections Code §§ 2103
and 12286(a)(3)]

Appointing precinct election boards and excusing or substituting precinct election board
members as necessary. [CA Elections Code §§ 339(a), 12286(a)(4), and 12316]

Maintaining and copying voter registration records. [CA Elections Code §§ 2180-2185]

Making reports concerning voter registration. [CA Elections Code § 2187]

Removing ineligible persons from voter registration lists. [CA Elections Code § 2201]

Providing each precinct board with a complete and official registration list prior to each
election. [CA Elections Code § 2189]

Purchasing and delivering voting supplies to each precinct board (including, but not limited
to, ballot boxes, equipment, supplies and a sufficient number of official ballots) to reasonably
meet the needs of voters in that precinct on election day. [CA Elections Code §§ 13000,
14102, 14105, 14112 and 14113]

Receiving and canvassing returns from voting precincts, to be certified and transmitted to
the Secretary of State. [CA Elections Code §§ 15003, 15151 and 15301]
Precinct Election Officials, AKA Poll Workers
At a minimum, one (1) inspector and two (2) clerks comprise a precinct board. Additional clerk
positions may be allocated in proportion to the number of registered voters within the precinct.
Precinct board members are appointed by the elections official.

A member of a precinct board must be a registered voter in the state of California and be
able to read and write the English language (often in addition to other languages when
necessitated by the demographics of a given precinct). [CA Elections Code §§ 339(a) and
12301-12304(a)]
Election officials also may appoint up to five (5) “student clerks” per precinct to serve under the
direct supervision of precinct board members. Student clerks cannot tally votes.

A student clerk must be a United States citizen and at least 16 years of age at the time of
the election. The student clerk must be a student in good standing at a public or private
secondary educational institution with a grade point average of at least 2.5 on a 4.0 scale.
[CA Elections Code §§ 12302]
The responsibilities of the precinct board include, among other things:

posting at least two of the copies of the index of registered voters before opening the polls;

posting signs required in plain view within each voting booth or compartment whenever an
election has been canceled;
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
receiving the ballots and supplies;

opening and closing the polls;

overseeing the casting of ballots; and

preventing any improper practices or obstruction, interference or intimidation of or in the
voting process
[CA Elections Code §§ 14103, 14105, 14202, 14203, 14213, 14215, 14220, 14400, 14401, & 16100]
If a precinct board member fails to appear at the polls on the morning of an election, then the
voters who are present may appoint a voter to fill the vacancy. If a precinct board member ceases
to act or becomes incapacitated during the election, then the election inspector may appoint any
voter as a replacement. Additionally, if the election inspector ceases to act, a majority of the
remaining precinct board members may appoint a substitute inspector. [CA Elections Code §§
12313-123150]
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Registration
See Also: Voting in Person – Registration Missing from the Rolls
Table of Contents:
1) Eligibility to Register
2) Residency Requirements
3) Applications for Registration
4) Timing of Registration
5) Changes to Registration Information
6) College Students
7) Military Personnel and Overseas Voters
8) Removal from Registration List
9) Restoration of Voting Rights
10) Third Party Registration
1. Eligibility to Register: Who can register to vote?
See Also: Restoration of Voting Rights; Residency Requirements
Response: To register to vote in California a person must be:
 a United States citizen

a resident of California

at least 18 years of age (or will be by the date of the next election)
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Eligible voters also must NOT be:

in prison or on parole for a felony conviction

declared incompetent or otherwise ordered by a court to be treated at a mental facility
[CA Constitution, Art. 2, §§ 2 and 4; CA Elections Code §§ 2000, 2101, 2208 and 2211(a)]
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2. Residency Requirements: Am I a legal California resident?
Response: You are a legal California resident if you both live in California and intend to remain
there or return whenever you are absent. A person who has come to California for temporary
purposes without intending to make it his or her home is not considered a resident for voting
purposes.
[CA Elections Code § 349, 2021]
A person who lives in a trailer or vehicle or at any public camp or camping ground may acquire
California residency for voting purposes if s/he otherwise complies with registration requirements.
[CA Elections Code § 2027, Collier v. Menzel, 176 Cal. App. 3d 24 (1985)]
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3. Applications for Registration: How do I apply, and what information do I have to
provide?
See Also: Eligibility to Register; Military Personnel; Timing of Registration; Residency Requirements
Response: You can apply (1) online, (2) in person at a variety of government offices, including public
libraries, or (3) at the DMV when applying for or renewing a driver’s license or identification card.
A voter registration form can be downloaded and completed from the California Secretary of State
Website. A few weeks after an online application is completed and submitted, the voter will receive
a form in the mail with their information pre-printed on it. The voter should review the information
to make sure everything is correct, then sign and date the form, and mail it.
Voters also may call the Secretary of State’s toll-free voter assistance numbers to request that a
voter registration form be mailed to them. Voter registration telephone hotlines are available at the
California Secretary of State’s office in the following languages:

English: 1-800-345-VOTE

Spanish: 1-800-232-VOTA

Chinese: 1-800-339-2857

Vietnamese: 1-800-339-8163

Japanese: 1-800-339-2865

Tagalog: 1-800-339-2957
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
Korean: 1-866-575-1558

Hindi: 1-888-345-2692

Khmer: 1-888-3454917

Thai: 1-855-345-3933

TTY/ TDD: 1-800-833-8683
Registration forms also can be obtained in person at:

County elections officials’ offices;

Any California Department of Motor Vehicles (DMV) office on or before the 15th day prior
to the election;

Any official voter registration event in California;

Most post offices and libraries; and

Every high school, community college, and California State University and University of
California campus (for students of same)
[CA Elections Code §§ 2102, 2103, 2146, 2158(b); http://www.sos.ca.gov/elections/elections_vr.htm]
An individual must provide the following information when registering to vote:

Name;

Address;

Date of birth;

State or country of birth;

Address, name or political party affiliation under which the individual may have been
previously registered;

Statement that the individual is currently not imprisoned or on parole for the conviction of
a felony;

Voter’s signature;

Identification number (one of the following):
o
California driver’s license or ID number, if any;
o
Last four digits of the voter’s social security number, if any; or
o
If a voter does not have a CA driver's license or ID card or a social security number,
the state will assign a unique number, and such a voter may be required to show
identification when voting.
[CA Elections Code § 2150; http://www.sos.ca.gov/nvrc/fedform]
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4. Timing of Registration: When is the registration deadline?
Response: In California, individuals must apply to be registered at least 15 days prior to the election
date. For this year’s general election, that date is October 22, 2012.

Individuals who register “in-person” (at an official voter registration event or at a
county elections official’s office, the DMV or any National Voter Registration Act Office)
must make sure that their application is received by the designated official prior to or on
October 22 2012.

Individuals who register to vote by mail, must have their applications postmarked
by October 22, 2012, and the applications must be actually received by the county
elections official’s office in order for the applicant to be eligible to vote. The Vote-by-Mail
ballot request must arrive by October 30, 2012.

A registrant may complete and/or file a registration application with the assistance of a third
party. The party offering assistance must return your voter registration application to the
appropriate county elections official’s office within 3 days of receiving it (excluding
Saturdays, Sundays and state holidays). The application must be received by the county
elections official ‘s office prior to or on the 15th day prior to the election to be held in the
registrant’s precinct, in order for the applicant to be eligible to vote in the election.
[CA Elections Code §§ 2102(a), 2103, & 2138; http://www.sos.ca.gov/elections/new-voter/electiondates-resources.htm]
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5. Changes to Registration Information: How and when do I change the name, address,
or party affiliation on my registration?
Response: Citizens must re-register if they:

Have moved since the last election; [CA Elections Code § 2116]

Have changed their name (re-registration is optional, not mandatory, in the event of a name
change) [CA Elections Code § 2115], or

Want to change their political party affiliation. [CA Elections Code § 2152]
Deadline for Submitting a Change Form :
If a valid change form is received or postmarked at least 15 days before an election, that voter will
be eligible to vote a regular (rather than a provisional) ballot at that election.
[CA Elections Code § 2107]
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6. College Students: Can I register to vote in California if I’m a college student from out
of state?
See Also: Eligibility to Register; Residency Requirements
Yes. A student living away from home may register at his or her school residence address (on or off
campus) or at his or her permanent home address, but only at one of those places.
[CA Elections Code § 2025]
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7. Military Personnel and Other Voters Living Overseas: How do I register if I’m a serving
abroad in the military or otherwise living abroad?
Response: Any U.S. citizen who is going to be overseas at the time of an election, or who is in the
military and wishes to vote by mail can do so using an Vote-By-Mail (VBM) ballot under federal law.
A person will not lose his or her domicile while employed out of California in the service of the
United States or of this state, nor while engaged in navigation unless the person intends to relocate
to the other location or vote in another state. [CA Elections Code § 2025, Uniformed and
Overseas Citizens Absentee Voting Act (UOCAVA) 100 Stat. 924, 42 USCA 1973ff (1986).]
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8. Removal from Registration List: Under what circumstances can my name be removed
from the list of registered voters?
Response: The county elections official can cancel a voter’s registration in the following cases:

At the written request of the voter;

Upon adjudication of a voter’s mental incompetency;

Upon proof that the voter is presently imprisoned or on parole for conviction of a felony;

Upon the production of a certified copy of a judgment directing the cancellation to be made;

Upon the death of the person registered;

By reason of a change of a voter’s residence outside of the county of registration;

A voter’s failure to respond to a residency confirmation notice and then failing to vote at
least once during a period of no less than four consecutive years (which period must include
two general federal elections);

Upon proof that the person is otherwise ineligible to vote; or

When a registration record is deficient.
[CA Elections Code § 2201, 2 CCR § 20108.25]
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Failure to Respond to Registration Confirmation Notice
Based on change of address data, 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. [CA Elections Code § 2225]
Based on the county election official’s pre-election residency confirmation efforts, the county
elections official must:

Update registrations for voters who have changed addresses within the same county;

Place a voter’s name on the inactive voters file if the information indicates the voter has
moved to a new address in another county, confirmation mailings have been returned as
undeliverable, or if the voter failed to confirm his or her address; or

Cancel a voter’s registration if the voter informs the county election official in writing that
s/he has moved to a residence outside of the county. [CA Elections Code § 2226]
If a voter’s name is placed on the inactive voters file and he or she offers to vote at any election
within 2 years after having failed to confirm his or her address, then that voter must be returned to
active status. A voter who fails to vote (or offer to vote) at any election within 2 years after having
been placed on the inactive voters file may have his or her registration cancelled.
[CA Elections Code § 2226]
Procedures for Removal of Names Due to Death, Felony Conviction or Duplication
Death: On a weekly basis, the Secretary of State must use Calvoter to compare all voter
registration records with records from the Department of Health Services showing deceased
persons. If the Secretary of State finds a potential match, then s/he must notify county election
official who then has five (5) business days to confirm the match and if confirmed, to then submit an
update to Calvoter cancelling that person’s registration. [2 CCR § 20108.55]
Felony Conviction: On a weekly basis, the Secretary of State must use Calvoter to compare all
voter registration records with records from the Department of Corrections and Rehabilitation
showing persons with felony convictions. If the Secretary of State finds a potential match, then s/he
must notify county election official who then has five (5) business days to confirm the match and if
confirmed, to then submit an update to Calvoter cancelling that person’s registration. [2 CCR §
20108.55]
Duplication: At least monthly, the Secretary of State must use Calvoter to identify potential
duplicate registrations. Upon identification of potential duplicate registrations, then s/he must notify
county election official who then has five (5) business days to confirm the match and if confirmed, to
then submit an update to Calvoter cancelling the older duplicate registration. [2 CCR § 20108.60]
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9. Restoration of Voting Rights: Am I ineligible to vote because of a felony conviction, and
if so, how can my voting rights be restored?
Response: A person’s right to vote is automatically restored upon release from prison (and
completion of any required period of parole), although the former felon must re-register in order to
be restored to the voting rolls.
Every April 1st and every September 1st, the clerk of each county superior court provides each
county’s chief of elections with a list showing all persons convicted of felonies since the county
clerk’s last report. The election officials cancel the registration affidavits for all persons who are
listed as imprisoned or on parole for the conviction of a felony. [CA Elections Code § 2212]
You may register and vote if you:

are in a local jail as a result of a misdemeanor conviction;

are awaiting trial or are currently awaiting trial and have not yet been convicted of a crime;

have completed parole for a felony conviction; or

are on probation.
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10. Third Party Registration: What does a third party registration group have to do to
comply with the law?
Response: An applicant may return a completed registration form “though another person” to any
county election official.
Individuals and organizations distributing voter registration cards who receive completed voter
registration cards from voters must return the completed cards to the county elections official or
deposit the cards in the postal service within three days of receipt (excluding Saturdays, Sundays,
and state holidays). [CA Elections Code § 2138]
Registration assistants do not have to be deputized and there is no limit to the number of voter
registration affidavits a person may obtain. However, the Secretary of State does require the
requester to complete a Voter Registration Card Statement of Distribution form.
California Secretary of State Guide to Voter Registration Drives, available at:
http://www.sos.ca.gov/elections/guides/guide-to-vr-drives.pdf
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Use of California Registration Form
Anyone requesting 50 or more voter registration cards from the Secretary of State must complete
and submit a Statement of Distribution Form and a plan of distribution to the Secretary of State.
The statement and plan of distribution can be mailed or faxed to:
California Secretary of State
Elections Division
1500 11th Street, 5th Floor
Sacramento, CA 95814
Fax: (916) 653-3214
The Secretary of State's Elections Division will process the request within 48 hours of receiving it.
For additional assistance, please contact the Secretary of State's Elections Division at (916) 6572166. [http://www.sos.ca.gov/elections/elections_vr.htm]
Pre-filled Information on Registration Forms:
The distributor or circulator may not fill in the blanks on the affidavit portion of voter registration
card unless the person registering asks for that help. The registrant or a person the registrant asks
to assist him or her must complete the registration card in its entirety and exactly as the registrant
requests; the person helping fill out the card must also fill in all required information in Box 12.
Cards with any pre-filled “blanks” may not be used.
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Responding to Challenges, Intimidation and Deceptive Practices
Table of Contents:
1) Electioneering Boundaries
2) Challenges by Poll Workers
3) Challenges by Other Voters
4) Deceptive Information
5) Intimidation by Poll Workers or Other
Voters
1. Electioneering Boundaries: What is the electioneering boundary at my polling place?
Response: It is illegal for anybody to campaign or solicit voters within 100 feet of a polling place’s
entrance on Election Day.
Further Explanation: California law prohibits the following activities from occurring within 100 feet
of any room in a polling place where voters sign the roster or cast ballots:
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
Circulating petitions

Speaking to voters about marking their ballots

Questioning voters about their qualifications to vote

Advocating votes for or against any candidate or measure. [CA Elections Code § 18370]
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2. Challenges by Poll Workers: Can I be challenged by a poll worker?
Response: A person offering to vote may be orally challenged within the polling place only by a
member of the precinct board.
Further Explanation: A member of the precinct board may challenge a voter only upon the following
grounds:

The individual is not the person whose name appears on the index;

The individual is not a resident of the precinct;

The individual is not a U.S. citizen;

The individual has already voted; or

The individual is on parole for conviction of a felony. [CA Elections Code § 14240]
Each of the five (5) permissible challenge grounds listed above carries a specific set of permissible
elections official’s actions and voter responses:
Not the person whose name
appears on the index
Administer the following oath:
“You do swear (or affirm) that
you are the person whose name
is entered on the index..”
If the voter takes the oath, the
voter must be allowed to vote.
Not a resident of the precinct
Swear in the individual to
answer questions, and after
having so sworn, ask: “Are you
a resident of this precinct?”
If the answer to the question is
“Yes,” no other questions may be
asked and the voter must be
allowed to vote.
Not a U.S. citizen
Such challenges are “tried and
determined” by the precinct
board, which may also request
any other person present in
the polling place to be sworn
and answer questions if the
board believes that the person
has information concerning
the facts of the challenge.
Not stated in elections code
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Voter has already voted
Administer the following oath:
“You do swear (or affirm) that
you have not previously voted in
this election, either by vote by
mail ballot or at a polling place.”
If the voter takes the oath, the
voter must be allowed to vote.
On parole for felony conviction
Elections official must rely on
the certified statement from
county clerk documenting
names of those who are
currently imprisoned or on
parole for a felony conviction
Right to vote is automatically
restored upon completion of
imprisonment, including any
period of parole (and reregistering)
[CA Election Code § 2212]
[CA Election Code § 2101]
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3. Challenges by Other Voters: What are my rights in the event of a challenge by another
voter?
Response: A voter may be challenged only on election day, in the polling place, or by a precinct
official. No one else may challenge a voter or prospective voter at any time.
Further Explanation: Notwithstanding the foregoing, if a precinct board member receives any
document or list concerning the residence or other voting qualifications of any person with an
express or implied suggestion that the person be challenged, the precinct board member must
determine whether there is any independent evidence that would provide probable cause to justify
or substantiate a challenge.
Before deciding whether to use any such document or a list, the precinct board member must
immediately contact the inspector of elections to describe the document or list and any evidence
bearing on voting qualifications. The elections official must advise all of the precinct board members
as to the sufficiency of probable cause for instituting and substantiating the challenge. The elections
official may, if necessary, designate a deputy to receive and answer inquiries from precinct board
members about any such prompted challenge. [CA Elections Code § 14240]
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4. Deceptive Information: What should I do if I see or receive deceptive information
regarding an upcoming election?
Response: You should call the Secretary of State’s confidential toll-free Voter Hotline at:
(800) 345-VOTE (8683).
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5. Intimidation by Poll Workers or Other Voters: What should I do if a poll worker,
another voter, or anyone else attempts to intimidate me at the polls?
Response: You should report the incident to the authorities of the polling place, who are charged
with maintaining order at the polling place. If this fails to resolve the issue, please call theSecretary
of State’s confidential toll-free Voter Hotline at (800) 345-VOTE (8683).
If you believe that you are a victim of election fraud or have witnessed a criminal violation of the
California Elections Code, you may also file an Election Voter Complaint Form to report the
violation to the Secretary of State at http://www.sos.ca.gov/elections/fraud-complaints/.
Further Explanation: Voters have the right to cast a secret ballot free from intimidation. The
Secretary of State instructs poll workers to watch for and address any intimidation, “even subtle
intimidation or electioneering.” No one may interfere with or attempt to influence a voter in the
casting of his or her vote.
Nor may anyone hinder or delay in any manner those who approach or leave the polling place.
No one may promise a political office or job to a voter, directly or through a third party, in an
attempt to encourage the voter to vote in a certain way. [http://www.sos.ca.gov/elections/pdfs/pollworker-training-standards-final-031210.pdf; CA Elections Code §§ 18370, 18371, 18502, 18520,
18521, 18540, 18541 and 18544].
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Voting in Person
See Also: Voting By Mail – Voting in Person after Requesting a VBM Ballot
Table of Contents:
1) Early Voting
2) Where to Vote
3) Hours Polling Places are Open
4) Duties of Poll Workers
5) Who May Be Present
6) Identification Required
7) Registration Missing from the Rolls
8) Changed Name or Address
9) Provisional Ballot
10) Assistance
1. Early Voting: Can I vote before the election day, and how?
Response: You may vote early by requesting and returning a VBM ballot according to the
procedures described above.
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2. Where to Vote: Where is my polling place?
Response: Your local polling place address can be found on the back of the sample ballot booklet
you receive by mail from your county elections office. You can also contact your county elections
office or call the Secretary of State's toll-free Voter Hotline at (800) 345-VOTE (8683).
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3. Hours Polling Places Are Open: When does my polling place open and when does it
close?
Response: On Election Day, all polling locations must remain open from 7:00 a.m. to 8:00 p.m.
Each qualified voter in the polling place or in line before 8:00 p.m. must be permitted to vote. [CA
Elections Code §§ 14212 and 14401]
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4. Duties of Precinct Election Officials, a/k/a Poll Workers: What functions do the
different poll workers serve?
Response: Every polling place has a precinct board that supervises and directs the activity of the
polling place, carries out core polling place duties like verifying voters’ identity, and is charged with
maintaining order.
Further Explanation: At a minimum, one (1) inspector and two (2) clerks comprise a precinct
board. Additional clerk positions may be allocated in proportion to the number of registered voters
within the precinct. Precinct board members are appointed by the elections official.
Election officials also may appoint up to five (5) “student clerks” per precinct to serve under the
direct supervision of precinct board members. Student clerks cannot tally votes.
The responsibilities of the precinct board include, among other things:

posting at least two of the copies of the index of registered voters before opening the polls;

posting signs required in plain view within each voting booth or compartment whenever an
election has been canceled;

receiving the ballots and supplies;

opening and closing the polls;

overseeing the casting of ballots; and

preventing any improper practices or obstruction, interference or intimidation of or in the
voting process
[CA Elections Code §§ 14103, 14105, 14202, 14203, 14213, 14215, 14220, 14400, 14401, & 16100]
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5. Who May be Present at Polling Places: Who is permitted by law to be present at a
polling place during voting hours?
Response: Persons who may be inside the polling location other than voters:

People assisting other persons to vote are allowed inside the polling location;

Voters’ children who are under age 18; and

Election officials, election employees, and people authorized by the precinct board to keep
order and enforce the law.
[CA Elections Code §§14221-14223]
Further Explanation: Any person can inspect the roster while voting is in progress so long as their
inspections do not impede, interfere, or interrupt the normal process of voting. [CA Election Code
§ 14223(b)]
California law does not specifically address the appointment of “formal” election observers at
individual polling places or at county-wide central counting sites. However, the Secretary of State’s
office has issued informal guidelines outlining the rights and responsibilities of election observers.
They can be found at: http://www.sos.ca.gov/elections/ccrov/pdf/2012/may/12143jl.pdf
Clearly identified members of the news media and pollsters may be within 25 feet of a polling place
and may speak to voters leaving the site as long as they do not interrupt voting.
However, voters may not be photographed, videotaped or recorded entering or exiting a polling
place, and may not be filmed inside the polling place, without the voter’s permission.
[http://www.sos.ca.gov/elections/pdfs/poll-worker-training-standards-final-031210.pdf at 21, CA
Elections Code § 18541(a)(3)].
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6. Identification Required: What form of identification should I bring to the poll?
Response: In most cases, California voters are not required to show identification before they cast
ballots. However, if you are voting for the first time after registering by mail and did not provide
your driver license number, California identification number or the last four digits of your social
security number on your registration form, you may be asked to show a form of identification when
you go to the polls. In this case, be sure to bring identification with you to your polling place or
include a copy of it with your vote-by-mail ballot. (Please see below for a list of acceptable forms of
identification.)
Further Explanation: There are only very limited conditions under which voters may be asked to
provide “satisfactory” identification. Poll workers may require a voter to provide a form of
identification only if the roster explicitly states that ID is required because the voter is a new voter
who mailed in a voter registration form without identification. [HAVA § 15483(b), CA Elections
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Code § 14216, 2 CCR § 20108.38].
If a voter designated as being required to provide identification either does not have any qualified
identification documents with him or her, or does not wish to provide identification for any reason,
the voter is still eligible to cast a provisional ballot and should be politely offered one.
[http://www.sos.ca.gov/elections/pdfs/poll-worker-training-standards-final-031210.pdf at 2]
An applicant who previously registered to vote in California will not be required to prove his or her
identity while voting if an elections official determines the applicant previously voted in a Federal
election in California.
Additionally, applicants who register by mail will not be required to provide proof of identity prior
to voting if they register to vote under the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA), or if they are entitled to vote “other than in person” under the Voting Accessibility for
the Elderly and Handicapped Act, or any other Federal law. [CCR § 20108.38]
Satisfactory proof of identity means that an applicant (or first time voter who registered by mail) has
provided either: (a) a current and valid photo identification or (b) some other document deemed by
regulation to demonstrate satisfactory proof of identity.
Examples of Acceptable Forms of Identification:

Driver’s license or identification card of any state;

Passport;

Employee identification card;

Identification card provided by a commercial establishment;

Credit or debit card;

Military identification card;

Student identification card;

Health club identification card;

Insurance plan identification card; or

Public housing identification card.

According to CCR § 20107(d)(2), any of the following documents are satisfactory proof,
provided that it “includes the name and address of the individual presenting it, and is dated
since the date of the last general election,” including:
o
Utility bill;
o
Bank statement;
o
Government check or paycheck;
o
Documents issued by a governmental agency;
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o

sample ballot dated for the election in which the individual is providing it as
proof;

voter notification card;

public housing identification card;

property tax statement;

public transportation authority senior citizen and disabled discount card;

lease or rental statement or agreement;

student ID card;

tuition statement or bill;

insurance plan or drug discount card;

vehicle registration or certificate of ownership;

discharge certificate, pardon, or other official document issued to the voter
in connection with the resolution of a criminal case, indictment, sentence,
or other matter; or

identification document issued by governmental disability agencies,
government homeless shelters and other governmental temporary or
transitional facilities.
Drug prescription issued by a government doctor or other governmental health
care provider.
For answers to your questions about voting, including information on acceptable forms of voter
identification to use at a polling place when voting for the first time, call the Secretary of State's tollfree Voter Hotline at (800) 345-VOTE (8683).
Return to Top of Document
7. Registration Missing from the Rolls: What do I do if I’m registered to vote but my
name doesn’t appear on the rolls at my precinct?
Response: If your name doesn’t appear on the voter rolls and your eligibility to vote cannot
otherwise be established, you are entitled to cast a provisional ballot. However, casting a
provisional ballot is a last resort, and before doing so, you should attempt to determine whether
you are in fact voting in the correct precinct and why your name is missing from the rolls.
Further Explanation: Every person who shows up at a polling place on Election Day is entitled to a
provisional ballot, even if there is a question about whether they are a registered voter. [CA
Elections Code § 14310].
Every person who votes a provisional ballot is provided free access to a system that maintains the
confidentiality of the voter, while at the same time letting the person know if his or her ballot was
counted, and, if it was not, why it was not counted. Information about how to access each county’s
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free access system can be found on http://www.sos.ca.gov/elections/ballot-status/.
In the rare event that an applicant must provide ID, if that individual is not able to prove identity in
any manner suggested above, the poll worker should politely offer a provisional ballot to the voter.
[http://www.sos.ca.gov/elections/pdfs/poll-worker-training-standards-final-031210.pdf at 2]
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8. Changed Name or Address: Am I able to vote if my name or address has changed but I
haven’t updated my voter registration yet?
See Also: Provisional Ballots
Response: Citizens must re-register if they:

Have moved since the last election; or

Want to change their political party affiliation.
In the event of a name change, re-registration is optional, not mandatory. [CA Elections Code §§
2115, 2116, & 2152]
Further Explanation: If a valid change form is received or postmarked at least 15 days before an
election, that voter will be eligible to vote a regular (rather than a provisional) ballot at that election.
[CA Elections Code § 2107]
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9. Provisional Ballots: Under what circumstances am I entitled to cast a provisional ballot,
and how can I make sure it is counted?
Response: Every person who shows up at a polling place on Election Day is entitled to a provisional ballot,
even if there is a question about whether they are a registered voter. [CA Elections Code § 14310].
Note: A provisional ballot will only be counted if the local elections officials can verify the voter’s
eligibility. For this reason, it is always preferable for a voter to vote using a regular ballot, if possible.
Who Is Entitled to Vote on a Provisional Ballot?
If there is any question about a voter’s right to vote at a polling place, s/he has the right to cast 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. [CA Elections Code § 14310]
There are many reasons why it may be appropriate for a voter to cast a provisional ballot rather
than a regular ballot, including the following:

Voter’s name does not appear on the list of registered voters and the eligibility to vote
cannot be verified at the polling place;
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
Voter is designated on the list of registered voters as a first-time voter who registered by
mail and is voting in a Federal election, but is unable, or refuses, to provide the required
proof of identity;

Voter requested a VBM ballot, but has not returned the ballot by mail or brought it to the
polling place;

Voter is voting during extended polling place hours as ordered by a state or federal court;

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

Voter moved within a county, but did not update his/ her voter registration information to
reflect the move. [http://www.sos.ca.gov/elections/hava_compliance_manual.htm]
How are Provisional Ballots Processed?
The provisional ballots are taken, along with the regular ballots, to the canvassing area. During the
official canvass, the elections official compares the signature on each provisional ballot envelope with
the signature on that voter’s affidavit of registration. Once a voter’s registration is confirmed, and
the signature on the envelope has been verified, the ballot is separated from the envelope and
counted as a regular ballot. If the voter’s registration cannot be confirmed, the ballot is not
counted, and the reason for not counting the ballot is recorded. [CA Elections Code § 14310]
A provisional ballot cast in the wrong precinct will not simply be discarded. If voter eligibility can be
verified, only the votes for the candidates and measures for which the voter was entitled to vote in
his or her assigned precinct shall be counted. [CA Elections Code § 14310(c)(3)]
The application of laws and regulations relating to provisional ballots must be “liberally construed in
favor of the provisional voter.” [CA Elections Code § 14312]
Every person who votes a provisional ballot is provided free access to a system that maintains the
confidentiality of the voter, while at the same time letting the person know if his or her ballot was
counted, and, if it was not, why it was not counted. Information about how to access each county’s
free access system can be found at http://www.sos.ca.gov/elections/ballot-status/.
Return to Top of Document
10. Assistance: What forms of assistance are available to me at my polling place if a
disability makes it difficult to vote otherwise?
Response: Polling places are required to be accessible to voters with disabilities and must have at
least one voting machine that is accessible for individuals with disabilities, including the blind and
visually impaired, in a manner that provides the same opportunity for access and participation
(including privacy or independence) as is provided to other voters. [Help America Vote Act, 42
U.S.C. § 15481(a)(3)]
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Assistance from other Persons: Any individuals who declare under oath that they are unable to
mark the ballot may receive assistance at the voting booth. These voters may receive the assistance
of up to two people of their choice, except their employer, an agent of their employer, or an officer
or agent of their union. [CA Elections Code § 14282(a)].
Polling Place Accessibility for Voters with Disabilities: California law requires that in selecting polling
places, an elections official must undertake necessary measures to ensure that polling places are
accessible to the physically handicapped. [CA Elections Code § 12280]
Key areas of concern include:



parking, drop-off zones, public transportation stops, and loading areas;
polling place entrances; and
pedestrian routes, including sidewalks, hallways, ramps, elevators, and lifts (both exterior
and interior), that voters use.
The U.S. Department of Justice provides a Checklist for Polling Places, which can be found at
www.ada.gov/votingck.htm. In addition, the California Secretary of State has produced a Polling
Place Accessibility Guidelines, available at http://www.sos.ca.gov/elections/polling-placeaccessibility/guidelines/entire-guidelines-final-march-2010.pdf.
California law also provides for “curbside voting” – if a polling place is not accessible, the precinct
board member must take a regular ballot to the person with disabilities outside the polling place,
and then return the voted ballot to the polling place. Voters who need “curbside voting” may
approach as near as possible to the voting area to have elections officials bring them a roster to sign,
a ballot to vote, and any other voting materials they may need, whether the voter is actually at a
curb, in a car, or otherwise located outside the polls. If it is impractical for a voter with disabilities
to vote a regular ballot outside the polling place, then the voter should be provided with a vote by
mail ballot, which should be voted and returned in the same manner as the regular ballot. [CA
Elections Code § 14282(c)]
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STATUTORY CITATIONS
Eligibility to Vote by Mail:
CA Election Code § 300 provides:
(a) “Vote by mail voter" means any voter casting a ballot in any way other than at the polling place.
(b) “Special absentee voter" means an elector who is any of the following:
(1) A member of the Armed Forces of the United States or any auxiliary branch thereof.
(2) A citizen of the United States temporarily living outside of the territorial limits of the United
States or the District of Columbia.
(3) Serving on a merchant vessel documented under the laws of the United States.
(4) A spouse or dependent of a member of the Armed Forces or any auxiliary branch thereof.
CA Elections Code § 3003 provides:
The vote by mail ballot shall be available to any registered voter.
CA Elections Code § 14212 provides:
The polls shall be open at 7 a.m. of the day of any election, and shall be kept open until 8 p.m. of the
same day, when the polls shall be closed, except as provided in Section 14401.
[ Back to Eligibility to Vote By Mail ]
Return to Top of Document
VBM Deadlines:
See CA Elections Code § 300 above.
[ Back to Deadlines for Obtaining and Submitting an VBM Ballot ]
Return to Top of Document
Requesting a VBM Ballot:
CA Elections Code § 3006 provides:
(a) A printed application that is to be distributed to a voter for requesting a vote by mail voter's ballot
shall inform the voter that the application for the vote by mail voter's ballot must be received by the
elections official not later than seven days prior to the date of the election and shall contain spaces for
the following:
(1) The printed name and residence address of the voter as it appears on the affidavit of
registration.
(2) The address to which the ballot is to be mailed.
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(3) The voter's signature.
(4) The name and date of the election for which the request is to be made.
(b)
(1) The information required by paragraphs (1) and (4) of subdivision (a) may be preprinted on
the application. The information required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a), may not be the address of any
political party, a political campaign headquarters, or a candidate's residence. However, a
candidate, his or her spouse, immediate family members, and any other voter who shares the
same residence address as the candidate may request that a vote by mail ballot be mailed to the
candidate's residence address.
(3) Any application that contains preprinted information shall contain a conspicuously printed
statement substantially similar to the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county where you reside."
(c) The application shall inform the voter that if he or she has declined to disclose a preference for a
political party, the voter may request a vote by mail ballot for a particular political party for the partisan
primary election, if that political party has adopted a party rule, duly noticed to the Secretary of State,
authorizing that vote. The application shall contain a toll-free telephone number, established by the
Secretary of State, that the voter may call to access information regarding which political parties have
adopted such a rule. The application shall contain a checkoff box with a conspicuously printed statement
that reads substantially similar to the following: "I have declined to disclose a preference for a qualified
political party. However, for this primary election only, I request a vote by mail ballot for the
_________ Party." The name of the political party shall be personally affixed by the voter.
(d) The application shall provide the voter with information concerning the procedure for establishing
permanent vote by mail voter status, and the basis upon which permanent vote by mail voter status is
claimed.
(e) The application shall be attested to by the voter as to the truth and correctness of its content, and
shall be signed under penalty of perjury.
CA Elections Code § 3010 provides:
The elections official shall deliver to each qualified applicant:
(a) The ballot for the precinct in which he or she resides. In primary elections this shall also be
accompanied by the ballot for the central committee of the party with which the voter is
affiliated, if any.
(b) All supplies necessary for the use and return of the ballot. No officer of this state may make
any charge for services rendered to any voter under this chapter.
[ Back to Requesting a VBM Ballot ]
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Completing a VBM Ballot:
CA Elections Code § 3011 provides:
(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 he or she 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 his or
her own handwriting in order for the ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to apply, for a vote by mail
voter's ballot from any other jurisdiction for the same election.
(9) The name of the person authorized by the voter to return the vote by mail ballot pursuant
to Section 3017.
(10) The relationship to the voter of the person authorized to return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by mail ballot.
(b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the
vote by mail voter's party affiliation may not be stamped or printed on the identification envelope.
CA Elections Code § 3017 provides:
(a) 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 either of the following: (1) return the ballot by
mail or in person to the elections official from whom it came or (2) return the ballot in person to any
member of a precinct board at any polling place within the jurisdiction. However, a vote by mail voter
who, because of illness or other physical disability, is unable to return the ballot, may designate his or
her spouse, child, parent, grandparent, grandchild, brother, sister, or a person residing in the same
household as the vote by mail voter to return the ballot to the elections official from whom it came or
to the precinct board at any polling place within the jurisdiction. The ballot must, however, be received
by either the elections official from whom it came or the precinct board before the close of the polls on
election day.
(b) The elections official shall establish procedures to ensure the secrecy of any ballot returned to a
precinct 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 Website. If the county does not have an elections
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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 no ballot shall be counted if it is not
delivered in compliance with this section.
(e) Notwithstanding subdivision (a), no vote by mail voter's ballot shall be returned by any paid or
volunteer worker of any general purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any other group or organization at
whose behest the individual designated to return the ballot is performing a service. However, this
subdivision shall not apply to a candidate or a candidate's spouse.
CA Elections Code § 3020 provides:
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.
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Permanent VBM Status:
CA Elections Code § 3201 provides:
Any voter may apply for permanent vote by mail status. Application for permanent vote by mail status
shall be made in accordance with Section 3001, 3100, or 3304. The voter shall complete an application,
which shall be available from the county elections official, and which shall contain all of the following:
(a) The applicant's name at length.
(b) The applicant's residence address.
(c) The address where the ballot is to be mailed, if different from the place of residence.
(d) The signature of the applicant.
CA Elections Code § 3202 provides:
In lieu of executing the application set forth in Section 3201, any voter may execute a request for
permanent vote by mail status by making a written request to the county elections official requesting the
status. If a written request is received by the county elections official and it contains the information set
forth in Section 3201, the elections official shall process that application in the manner provided in
Section 3203.
CA Elections Code § 3203 provides:
(a) Upon receipt of an application for permanent vote by mail status, the county elections official shall
process the application in the same manner as an application for a vote by mail ballot, or, in the case of
an application made pursuant to Section 3100 or 3304, in the same manner as an application for a
special absent voter ballot or overseas ballot.
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(b) In addition to processing applications in accordance with Chapter 1 (commencing with Section
3000), if it is determined that the applicant is a registered voter, the county elections official shall do the
following:
(1) Place the voter's name upon a list of those to whom a vote by mail ballot is sent each time
there is an election within their precinct.
(2) Include in all vote by mail mailings to the voter an explanation of the vote by mail procedure
and an explanation of Section 3206.
(3) Maintain a copy of the vote by mail ballot list on file open to public inspection for election
and governmental purposes.
CA Elections Code § 3206 provides:
A voter whose name appears on the permanent vote by mail voter list shall remain on the list and shall be
mailed a vote by mail ballot for each election conducted within his or her precinct in which he or she is
eligible to vote. If the voter fails to return an executed vote by mail ballot in two consecutive statewide
general elections in accordance with Section 3017 the voter's name shall be deleted from the list.
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Emergency VBM Procedures:
CA Elections Code § 3021 provides:
After the close of the period for requesting vote by mail voter ballots by mail any voter unable to go to
the polls because of illness or disability resulting in his or her confinement in a hospital, sanatorium,
nursing home, or place of residence, or any voter unable because of a physical handicap to go to his or
her polling place or because of that handicap is unable to vote at his or her polling place due to existing
architectural barriers at his or her polling place denying him or her physical access to the polling place,
voting booth, or voting apparatus or machinery, or any voter unable to go to his or her polling place
because of conditions resulting in his or her absence from the precinct on election day may request in a
written statement, signed under penalty of perjury that a ballot be delivered to him or her. This written
statement shall not be required if the vote by mail ballot is voted in the office of the elections official as
defined by subdivision (b) of Section 3018, at the time of the request. This ballot shall be delivered by
the elections official to any authorized representative of the voter who presents this written statement
to the elections official.
Before delivering the ballot the elections official may compare the signature on the request with the
signature on the voter's affidavit of registration, but in any event, the signature shall be compared before
the vote by mail ballot is canvassed.
The voter shall mark the ballot, place it in the identification envelope, fill out and sign the envelope and
return the ballot, personally or through the authorized representative, to either the elections official or
any polling place within the jurisdiction.
These ballots shall be processed and counted in the same manner as other vote by mail ballots.
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Voting in Person after Requesting a VBM Ballot:
CA Elections Code § 3015 provides:
Vote by mail voters who return to their home precincts on election day may vote only if they surrender
their vote by mail voter ballots to the inspector of the precinct board. The precinct board shall return
the unused vote by mail voters' ballots to the elections official in an envelope designated for this
purpose.
CA Elections Code § 3016 provides:
Any vote by mail voter who is unable to surrender his or her vote by mail voter's ballot within the
meaning of Section 3015 shall be issued a provisional ballot in accordance with Section 14310.
CA Elections Code § 3018 provides:
(a) 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. 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 his
or her vote be observed. Where voting machines are used the elections official may provide one voting
machine for each ballot type used within the jurisdiction. Elections officials may provide electronic voting
devices for this purpose provided that sufficient devices are provided to include all ballot types in the
election.
(b) For purposes of this section, the office of an elections official may include satellite locations. Notice
of the satellite locations shall be made by the elections official by the issuance of a general news release,
issued not later than 14 days prior to voting at the satellite location, except that in a county with a
declared emergency or disaster, notice shall be made not later than 48 hours prior to voting at the
satellite location. The news release shall set forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will be open.
(3) A telephone number that voters may use to obtain information regarding vote by mail ballots
and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to this section shall be placed in a vote by
mail voter identification envelope to be completed by the voter pursuant to Section 3011. However, if
the elections official utilizes electronic voting devices, the vote by mail ballot may be cast on an
electronic voting device.
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Assistance with a VBM Ballot:
CA Elections Code § 3017(a) provides:
(a) 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 either of the following: (1) return the ballot by mail or in
person to the elections official from whom it came or (2) return the ballot in person to any member of a
precinct board at any polling place within the jurisdiction. However, a vote by mail voter who, because of
illness or other physical disability, is unable to return the ballot, may designate his or her spouse, child,
parent, grandparent, grandchild, brother, sister, or a person residing in the same household as the vote by
mail voter to return the ballot to the elections official from whom it came or to the precinct board at any
polling place within the jurisdiction. The ballot must, however, be received by either the elections official
from whom it came or the precinct board before the close of the polls on election day.
(b) The elections official shall establish procedures to ensure the secrecy of any ballot returned to a
precinct 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 Website. 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 no ballot shall be counted if it is not
delivered in compliance with this section.
(e) Notwithstanding subdivision (a), no vote by mail voter's ballot shall be returned by any paid or
volunteer worker of any general purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any other group or organization at
whose behest the individual designated to return the ballot is performing a service. However, this
subdivision shall not apply to a candidate or a candidate's spouse.
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What are the duties of the Secretary of State?
CA Elections Code § 12172.5 provides:
The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the
Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state
election laws are enforced. The Secretary of State may require elections officers to make reports
concerning elections in their jurisdictions.
If, at any time, the Secretary of State concludes that state election laws are not being enforced, the
Secretary of State shall call the violation to the attention of the district attorney of the county or to the
Attorney General. In these instances, the Secretary of State may assist the county elections officer in
discharging his or her duties.
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In order to determine whether an elections law violation has occurred the Secretary of State may
examine voted, unvoted, spoiled and canceled ballots, vote-counting computer programs, absent voter
envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The
Secretary of State may also examine any other records of elections officials as he or she finds necessary
in making his or her determination, subject to the restrictions set forth in Section 6253.5.
The Secretary of State may adopt regulations to assure the uniform application and administration of
state election laws.
CA Elections Code § 15500 provides:
The Secretary of State, commencing with the first results from the semifinal official canvass received
from the elections officials, shall compile the results for the offices and measures listed in Section 15151,
which compilation shall be continued without adjournment until completed. The Secretary of State shall
immediately make public the results of the compilation as to those offices and measures. The Secretary
of State also shall compile and make those results reported pursuant to subdivision (c) of Section 15375
available to any person or organization upon request.
CA Elections Code § 15502 provides:
Within 120 days of the filing of the statement of the vote, the Secretary of State, upon the basis of the
information provided, shall compile a supplement to the statement of the vote, showing the number of
votes cast in each county, city, Assembly district, senatorial district, congressional district and
supervisorial district for each candidate for the offices of presidential elector, Governor, and United
States Senator, depending on the offices to be filled, and on each statewide ballot proposition. A copy
of this supplement shall be made available, upon request, to any elector of this state.
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What are the Duties of County/ Local Election Officials?
CA Elections Code § 3201 provides:
Any voter may apply for permanent vote by mail status. Application for permanent vote by mail status
shall be made in accordance with Section 3001, 3100, or 3304. The voter shall complete an application,
which shall be available from the county elections official, and which shall contain all of the following:
(a) The applicant's name at length.
(b) The applicant's residence address.
(c) The address where the ballot is to be mailed, if different from the place of residence.
(d) The signature of the applicant.
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CA Elections Code § 339(a) provides:
(a) "Precinct board" is the board appointed by the elections official to serve at a single precinct or a
consolidated precinct.
(b) "Precinct board," when used in relation to proceedings taking place after the polls have closed,
likewise includes any substitutive canvassing and counting board that may have been appointed to take
the place of the board theretofore serving.
CA Elections Code § 2103 provides:
(a) It is the intent of the Legislature that the election board of each county, in order to promote and
encourage voter registrations, shall establish a sufficient number of registration places throughout the
county, and outside the county courthouse, for the convenience of persons desiring to register, to the
end that registration may be maintained at a high level.
(b) It is also the intent of the Legislature that county elections officials, in order to promote and
encourage voter registrations, shall enlist the support and cooperation of interested citizens and
organizations, and shall deputize as registrars qualified citizens in such a way as to reach most effectively
every resident of the county. The persons so deputized shall be permitted to register voters anywhere
within the county, including at the places of residence of the persons to be registered, and the county
elections official shall not deny deputy registrars the right to register voters anywhere in the county.
(c) It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should
be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to
registration by citizens who lack sufficient skill in English to register without assistance.
(d) Where the county elections official finds that citizens described in subdivision (c) approximate 3
percent or more of the voting age residents of a precinct, or in the event that interested citizens or
organizations provide information which the county elections official believes indicates a need for
registration assistance for qualified citizens described in subdivision (c), the county elections official shall
make reasonable efforts to recruit deputy registrars who are fluent in a language used by citizens
described in subdivision (c) and in English. That recruitment shall be conducted through the cooperation
of interested citizens and organizations and through voluntarily donated public service notices in the
media, including newspapers, radio, and television, particularly those media that serve the non-Englishspeaking citizens described in subdivision (c). Deputy registrars so appointed shall facilitate registration
in the particular precincts concerned and shall have the right to register voters anywhere in the county.
(e) In furtherance of the purposes of this section, the governing board of any county, city, city and
county, district, or other public agency may authorize and assign any of its officers or employees to
become deputy registrars of voters and to register qualified citizens on any premises and facilities owned
or controlled by those public agencies during the regular working hours of the officers or employees.
With the exception of firefighters, any compensation to which the officer or employee may be entitled
in payment for the services of the officer or employee as a deputy registrar may be paid by the authority
that appointed the officer or employee as a deputy registrar to the public agency that regularly employs
the officer or employee.
(f) It is the intent of the Legislature that no limitation be imposed on the number of persons appointed
to act as deputy registrars of voters.
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(g) It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of
registration and voter registration cards, in all languages required by Section 203 (42 U.S.C. Sec. 1973aa1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b (f)(4)) of the federal Voting Rights Act of 1965, by using the
county' s Internet Web site.
CA Elections Code § 2180 provides:
(a) At least once, and more often if he or she deems it necessary, within each two-year period
commencing on the first day of January in each odd-numbered year, the county elections official shall
have printed a complete index, by precinct, to the affidavits of registration current at the date of
printing.
(b)
(1) The index shall contain the name, address, residence telephone number if furnished, and
political affiliation 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 on the roster
of voters.
(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."
(c) The index shall be printed in a size no smaller than eight-point roman type on eight-point body and
shall be arranged in alphabetical order in accordance with the surnames of the voters.
(d) A space of not less than one-quarter inch or one line of printing shall be left between the names of
voters beginning with one letter of the alphabet and those starting with the next letter of the alphabet.
(e) Supplements of the same content and style may be printed as need for them appears.
CA Elections Code § 2181 provides:
In addition to printing a complete index within and for each two-year period, as provided in Section
2180, the county elections official may print and maintain one complete and continuing index, by
precinct, to the affidavits of registration and keep the index current by supplements and deletions as
provided in Sections 2180 and 2183, and by reprinting portions of the index by precinct, as the need
appears, the reprinted portions to contain the same information concerning each voter and to be in the
same style, spacing, and type of print as provided in Section 2180.
CA Elections Code § 12220 provides:
The elections official shall divide the jurisdiction into precincts and prepare detail maps or exterior
descriptions thereof, or both, and as many copies as the elections official may determine. The county
surveyor, if requested by an elections official, shall provide assistance to the elections official in the
preparation of these maps or exterior descriptions.
CA Elections Code § 12286 provides:
(a) At least 29 days prior to the election, the elections official shall do all of the following:
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(1) Establish a convenient number of election precincts within the affected jurisdiction.
(2) Define the precinct boundaries.
(3) Designate a polling place for each precinct.
(4) Appoint for each precinct a precinct board pursuant to Sections 12302 to 12304, inclusive.
(5) Notify the members of each precinct board of their appointment and the location of the
precinct and polling place where they will serve.
(b) The elections official, in establishing precincts and defining their boundaries, shall, to the extent
practicable, provide for a single polling place where a voter entitled to vote in more than one district
may cast all of his or her ballots.
(c) In a landowner voting district, the county elections official shall designate the polling place at which a
nonresident landowner shall vote.
CA Elections Code § 12316 provides:
In constituting precinct boards, the elections official may excuse persons appointed whom the elections
official is satisfied ought to be excused. Substitutions may be made when any person appointed is
excused or found disqualified or incompetent, until a final or amended list of election officers is sent to
the inspector for that precinct.
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Eligibility for Registration:
Article 2, §§ 2 and 4 of the California Constitution provide:
Sec. 2: A United States citizen 18 years of age and resident in this State may vote.
Sec. 4: The Legislature shall prohibit improper practices that affect elections and shall provide for the
disqualification of electors while mentally incompetent or imprisoned or on parole for
the conviction of a felony.
CA Elections Code § 2000 provides:
(a) Every person who qualifies under Section 2 of Article II of the California Constitution and who
complies with this code governing the registration of electors may vote at any election held
within the territory within which he or she resides and the election is held.
b) Any person who will be at least 18 years of age at the time of the next election is eligible to register
and vote at that election.
CA Elections Code § 2101 provides:
A person entitled to register to vote shall be a United States citizen, a resident of California, not in
prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next
election.
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CA Elections Code § 2208 provides:
(a) 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 that the person is not capable of
completing an affidavit of voter registration in accordance with Section 2150 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 plead 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 paragraph (2) 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 that the person is not capable of completing an affidavit of voter registration before the
person shall be disqualified from voting.
(c) Whenever an order establishing a conservatorship is made and in connection with the order it is
found that the person is not capable of completing an affidavit of voter registration, the court shall
forward the order and determination to the county elections official of the person's county of residence.
CA Elections Code § 2211(a) provides:
(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.
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Residency Requirements:
CA Elections Code § 349 provides:
(a) "Residence" for voting purposes means a person's domicile.
(b) The domicile of a person is that place in which his or her habitation is fixed, wherein the person has
the intention of remaining, and to which, whenever he or she is absent, the person has the intention of
returning. At a given time, a person may have only one domicile.
(c) The residence of a person is that place in which the person's habitation is fixed for some period of
time, but wherein he or she does not have the intention of remaining. At a given time, a person may
have more than one residence.
CA Elections Code § 2021 provides:
(a) A person who leaves his or her home to go into another state or precinct in this state for
temporary purposes merely, with the intention of returning, does not lose his or her domicile.
(b) A person does not gain a domicile in any precinct into which he or she comes for temporary
purposes merely, without the intention of making that precinct his or her home.
CA Elections Code § 2027 provides:
The place where a person's family is domiciled is his or her domicile unless it is a place for temporary
establishment for his or her family or for transient objects.
Residence in a trailer or vehicle or at any public camp or camping ground may constitute a domicile for
voting purposes if the registrant complies with the other requirements of this article.
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Applications for Registration:
CA Elections Code § 2102 provides:
(a) A person may not be registered as a voter except by affidavit of registration. The affidavit shall be
mailed or delivered to the county elections official and shall set forth all of the facts required to be
shown by this chapter. A properly executed registration shall be deemed effective upon receipt of the
affidavit by the county elections official if received on or before the 15th day prior to an election to be
held in the registrant's precinct. A properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to the election and received by
mail by the county elections official.
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(2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other
public agency designated as a voter registration agency pursuant to the National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to the
election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative, or referendum petition or signatures on a
nomination paper or any other election petition or election paper, a properly executed affidavit of
registration shall be deemed effective for verification purposes if both of the following conditions are
satisfied:
(1) The affidavit is signed on the same date or a date prior to the signing of the petition or
paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of law to the contrary, the affidavit of registration required
under this chapter may not be taken under sworn oath, but the content of the affidavit shall be certified
as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d) A person who is at least 17 years of age and otherwise meets all eligibility requirements to vote may
submit his or her affidavit of registration as prescribed by this section. A properly executed registration
made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of
age, if the information in the affidavit of registration is still current at that time. If the information
provided by the affiant in the affidavit of registration is not current at the time that the registration
would otherwise become effective, for his or her registration to become effective, the affiant shall
provide the current information to the proper county elections official as prescribed by this chapter.
See CA Elections Code § 2103 above.
CA Elections Code § 2146 provides:
(a) The Secretary of State shall annually provide every high school, community college, and California
State University and University of California campus with voter registration forms. The number of forms
shall be consistent with the number of students enrolled at each school who are of voting age or will be
of voting age by the end of the year. The Secretary of State shall provide additional forms to any school,
free of charge, if so requested by a school.
(b) The Secretary of State shall provide a written notice with each registration form describing eligibility
requirements and informing each student that he or she may return the completed form in person or by
mail to the elections official of the county in which the student resides or to the Secretary of State.
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(c)
(1)
(A) Every community college and California State University campus that operates an
automated class registration system on or before January 1, 2008, shall, through an
automated program, in coordination with the Secretary of State, permit students, during
the class registration process, to elect to receive a voter registration form that is
preprinted with personal information relevant to voter registration by January 1, 2010.
(B) Any community college or California State University campus that does not operate an
automated class registration system on or before January 1, 2008, shall, within two years
of implementing an automated class registration system, through an automated program in
coordination with the Secretary of State, permit students, during the class registration
process, to elect to receive a voter registration form that is preprinted with personal
information relevant to voter registration.
(2) As soon as a community college or California State University or University of California
campus complies with paragraph (1), the Secretary of State may continue, at his or her
discretion, to provide the campus with voter registration forms unless the campus requests
not to receive the voter registration forms.
(3) The University of California is encouraged to comply with this subdivision.
(d) The Secretary of State shall submit to the Legislature, on or before January 1 of each year, a report
on its student voter registration efforts pursuant to this article. This report shall include estimates as to
how many voter registration forms were sent to high schools, community colleges, and California State
University and University of California campuses, how many voter registration forms were returned,
and how many voter registration forms were sent out to students through the automated program
described in subdivision (c).
(e) It is the intent of the Legislature that every high school and college student receive a voter
registration card with his or her diploma. It is also the intent of the Legislature that every school do all
in its power to ensure that students are provided the opportunity and means to register to vote. This
may include providing voter registration forms at the start of the school year, including voter
registration forms with orientation materials, placing voter registration forms at central locations,
including voter registration forms with graduation materials.
CA Elections Code § 2158 provides:
In addition to registration conducted by deputy registrars of voters, the county elections official 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 (42 U.S.C. Sec. 1973aa-1a)
or Section 4(f)(4) (42 U.S.C. Sec. 1973b(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 citizens or organizations who wish to distribute the cards other than to persons who
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have been convicted of violating this section within the last five years. Citizens and organizations shall be
permitted to distribute voter registration cards anywhere within the county.
(1) If, after completing his or her voter registration affidavit, 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.
(2) Any citizen 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 citizen or organization has a sufficient number of cards.
(3) 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 any person who wishes to register to vote and
requests a voter registration card.
(d) In addition to providing voter registration cards in his or her office, the county elections official may
provide cards on the county's Internet Web site for voters to print, complete, sign, and return to the
county elections office. Cards provided online shall be available in all languages required by Section 203
(42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act
of 1965.
[ Back to Applications for Registration or Changes to Registration Information ]
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Timing of Registration:
See CA Elections Code § 2102(a) above.
See CA Elections Code § 2103 above.
CA Elections Code § 2138 provides:
Individuals and organizations distributing voter registration cards pursuant to subdivision (b) of Section
2158 and who receive completed voter registration cards from voters shall return the completed cards
to the county elections official or shall deposit the cards in the postal service within three days,
excluding Saturdays, Sundays, and state holidays, of receipt from a voter.
[ Back to Timing of Registration ]
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Changes to Registration Information:
CA Elections Code § 2116 provides:
(a) Whenever a voter, between the time of that person's last voter registration and the time for the
closing of registration for any given election, has changed his or her residence address by moving, the
voter shall execute a new affidavit of registration or a notice or a letter of the change of address as
permitted in Section 2119, in order to be eligible to vote at the next election.
(b) Notwithstanding subdivision (a), a voter who has changed his or her residence address by moving
may vote at the election immediately following the change of residence if he or she is entitled to vote
under Section 2035 or 14311.
CA Elections Code § 2115 provides:
Whenever a voter, between the time of that person's last registration and the time for the closing of
registration for any given election in the same county, has lawfully changed his or her surname, the voter
may reregister under the new or changed name. The voter shall make an additional statement at the
time of reregistration, giving the name under which he or she was last registered in that county.
This additional statement shall be given in the prior registration portion of the affidavit of registration
before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the last
previous registration of the voter shall be canceled.
CA Elections Code § 2152 provides:
Whenever any voter has declined to disclose or has changed his or her party preference prior to the
close of registration for an election, he or she may either so disclose or have a change recorded by
executing a new affidavit of registration and completing the prior registration portion of the affidavit.
CA Elections Code § 2107 provides:
(a) Except as provided in subdivision (b), the county elections official shall accept affidavits of
registration at all times except during the 14 days immediately preceding any election, when registration
shall cease for that election as to electors residing in the territory within which the election is to be
held. Transfers of registration for an election may be made from one precinct to another precinct in the
same county at any time when registration is in progress in the precinct to which the elector seeks to
transfer.
(b) The county elections official shall accept an affidavit of registration executed as part of a voter
registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior
to the election, and if any of the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to the election and received by
mail by the county elections official.
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(2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other
public agency designated as a voter registration agency pursuant to the National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg) prior to the election.
(3) The affidavit is delivered to the county elections official by means other than those described
in paragraphs (2) and (3) on or before the 15th day prior to the election.
[ Back to Changes to Registration Information ]
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College Students:
CA Elections Code § 2025 provides:
A person does not gain or lose a domicile solely by reason of his or her presence or absence from a
place while employed in the service of the United States or of this state, nor while engaged in navigation,
nor while a student of any institution of learning, nor while kept in an almshouse, asylum or prison. This
section shall not be construed to prevent a student at an institution of learning from qualifying as an
elector in the locality where he or she domiciles while attending that institution, when in fact the
student has abandoned his or her former domicile.
[ Back to College Students ]
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Military Personnel and Other Voters Living Overseas:
See CA Elections Code § 2025 above.
The Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA") was enacted by Congress in
1986 and can be found at: http://www.justice.gov/crt/military/uocava_statute.htm.
[ Back to Military Personnel and Other Voters Living Overseas]
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Removal from Registration List:
CA Elections Code § 2201 provides:
The county elections official shall cancel the registration in the following cases:
(a) At the signed, written request of the person registered.
(b) When the mental incompetency of the person registered is legally established as provided in
Sections 2208, 2209, 2210, and 2211.
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(c) Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(d) Upon the production of a certified copy of a judgment directing the cancellation to be made.
(e) Upon the death of the person registered.
(f) Pursuant to Article 2 (commencing with Section 2220).
(g) Upon official notification that the voter is registered to vote in another county or state.
(h) Upon proof that the person is otherwise ineligible to vote.
CA Elections Code § 2225 provides:
(a) 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. Notification received through
NCOA or Operation Mail that a voter has moved and has given no forwarding address shall not require
the mailing of a forwardable notice to that voter.
(b) If change-of-address data indicates that the voter has moved to a new residence address in the same
county, the forwardable notice shall be in substantially the following form:
"We have received notification that the voter has moved to a new residence address in ____ County.
You will be registered to vote at your new address unless you notify our office within 15 days that the
address to which this card was mailed is not a change of your permanent residence. You must notify our
office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a
permanent residence, and if you do not notify us within 15 days, you may be required to provide proof
of your residence address in order to vote at future elections."
(c) If change-of-address data indicates that the voter has moved to a new address in another county, the
forwardable notice shall be in substantially the following form:
"We have received notification that you have moved to a new address not in ____ County. Please use
the attached postage-paid postcard to:
(1) advise us if this is or is not a permanent change of residence address, or
(2) to advise us if our information is incorrect. If you do not return this card within 15 days and
continue to reside in ____ County, you may be required to provide proof of your residence address in
order to vote at future elections and, if you do not offer to vote at any election in the period between
the date of this notice and the second federal general election following this notice, your voter
registration will be cancelled and you will have to reregister in order to vote. If you no longer live in
____ County, you must reregister at your new residence address in order to vote in the next election.
California residents may obtain a mail registration form by calling the county elections officer or 1-800345-VOTE."
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(d) If postal service change-of-address data received from a nonforwardable mailing indicates that a
voter has moved and left no forwarding address, a forwardable notice shall be sent in substantially the
following form:
"We are attempting to verify postal notification that the voter to whom this card is addressed has
moved and left no forwarding address. If the person receiving this card is the addressed voter, please
confirm your continued residence or provide current residence information on the attached postagepaid postcard within 15 days. If you do not return this card and continue to reside in ____ County, you
may be required to provide proof of your residence address in order to vote at future elections and, if
you do not offer to vote at any election in the period between the date of this notice and the second
federal general election following this notice, your voter registration will be cancelled and you will have
to reregister in order to vote. If you no longer live in ____ County, you must reregister at your new
residence address in order to vote in the next election. California residents may obtain a mail
registration form by calling the county elections office or the Secretary of State's Office."
(e) 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.
CA Elections Code § 2226 provides:
(a) Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or
change-of-address information provided directly by the voter, the county elections official shall take the
following actions as appropriate:
(1) If the information indicates the voter has moved to a new address within the same county,
the county elections official shall update and correct the voter's registration.
(2) If the information indicates the voter has moved to a new address in another county, if the
mailings have been returned as undeliverable, or if the voter fails to confirm his or her address
as required by Section 2224, the county elections official may place the voter's name on the
inactive file of registered voters who do not receive election materials and are not included in
calculations to determine the number of signatures required for qualification of candidates and
measures, precinct size, or other election administration related processes.
(3) If the voter verifies in writing that he or she has moved to a residence address in another
county, the county elections official shall cancel the voter registration in the county from which
the voter has moved.
(b) The voter registration of any voter whose name has been placed on the inactive file of registered
voters for failure to respond to a confirmation mailing as required by Section 2224 or an address
verification mailing required by Section 2225, and who does not offer to vote or vote at any election
between the date of the mailing and two federal general elections after the date of that mailing, may be
cancelled.
(c) Any voter whose name has been placed on the inactive file of registered voters and offers to vote at
any election between the date of the verification notice, and two federal general elections after the date
of notice, or who notifies the elections official of a continued residency, shall be removed from the
inactive file and placed on the active voter file.
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(d) All address corrections, cancellations, and inactive transactions made to the voter registration file
pursuant to this section shall be reflected on the voter index as required by Section 2191.
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2 CCR § 20108.25 provides:
(a) A registration record submitted for the purposes of updating Calvoter that does not contain
substantive information required to determine eligibility to vote shall not be accepted by Calvoter and
shall automatically be returned to the elections official who submitted the deficient registration record
with a deficiency notice. Within five (5) business days of receipt of a deficiency notice pursuant to this
subdivision the elections official shall correct and resubmit the registration record, to Calvoter in
accordance with Section 20108.15 and Section 20108.40. An individual who is the subject of the
deficient registration record shall not be registered to vote until the deficient registration record is
resubmitted to and accepted by Calvoter. For purposes of this subsection, "substantive information
required to determine eligibility to vote" means the facts necessary to determine eligibility to vote,
including the registrant's name, whether the registrant is a citizen of the; United States, place of
residence and if the registrant does not possess a residence address at which mail may be received, his
or her mailing address, date of birth, state or country of birth, and a statement that the registrant is not
currently imprisoned or on parole for the conviction of a felony. An individual who is not registered to
vote pursuant to this subsection may only vote by provisional ballot.
(b) When the Secretary of State identifies a registration record within Calvoter that lacks only
nonsubstantive information or does not conform to the Calvoter and Calvalidator Data Standards
(05/2007), the Secretary of State shall automatically send a deficiency notice in accordance with Section
20108.15 to the elections official who submitted the deficient registration record. Within five (5)
business days of receipt of a deficiency notice, the elections official shall submit the corrections to
Calvoter in accordance with Section 20108.15 and Section 20108.40. Voters whose registration records
are identified as deficient pursuant to this subdivision shall remain as active voters and shall be permitted
to vote using a regular ballot. For purposes of this subsection, "nonsubstantive information" means
information that is not required to determine eligibility to vote.
2 CCR § 20108.55 provides:
(a) The Secretary of State shall, on a weekly basis, compare all voter registration records with records
of deceased persons from the Department of Health Services and records of persons with felony
convictions ineligible to vote from the Department of Corrections and Rehabilitation.
(b) Whenever the Secretary of State receives new records of deceased persons from the Department
of Health Services or records of persons with a felony conviction which renders them ineligible to vote
from the Department of Corrections and Rehabilitation, the records shall be compared to the voter
registration records in Calvoter to identify potential matches.
(c) Upon identifying potential matches, the Secretary of State shall transmit notices of the potential
matches in accordance with Section 20108.15 and Section 20108.40 to the elections officials in the
counties in which the potential matches are identified.
(d) Within five (5) business days of receipt of a notice of potential match the elections official shall take
all necessary steps to determine whether or not the registration record matches a record of a deceased
person or person with a felony conviction which renders that person ineligible to vote. If a match is
confirmed by the elections official, the elections official shall update the registration records accordingly
and submit a registration update file or full load file to Calvoter in accordance with Section 20108.15
and Section 20108.40.
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(e) Whenever the Secretary of State receives records of persons with a federal felony conviction which
renders them ineligible to vote, the records shall be forwarded to the elections official of the person's
county of residence. The elections official shall process the record in accordance with Section 20108.12.
(f) County elections officials shall process county death records in accordance with California Elections
Code Section 2205 and Section 20108.12 of this chapter.
(g) County elections officials shall process county felony records in accordance with California Elections
Code Section 2212.
2 CCR § 20108.60 provides:
(a) The Secretary of State shall conduct checks at least once per month within the Calvoter statewide
registration list to identify potential duplicate registrations for the same voter within that list, based on
established rotating criteria. Upon identification of potential duplicate registration records, the Secretary
of State shall automatically send an electronic notice to the county with the record that has the oldest
date of registration.
(b) Within five (5) business days of receipt of a notice of potential duplicate registration the elections
official shall take all necessary steps to determine whether or not the registration record is a duplicate
of an existing newer registration, and if a duplicate registration is confirmed, shall cancel the older
duplicate registration and submit a registration update file or full load file to Calvoter in accordance with
Section 20108.15 and Section 20108.40.
[ Back to Removal from Registration List ]
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Restoration of Voting Rights:
CA Elections Code § 2212 provides:
The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to
the chief elections official of the county, not less frequently than the first day of April and the first day of
September of each year, a statement showing the names, addresses, and dates of birth of all persons
who have been convicted of felonies since the clerk's last report. The elections official shall, during the
first week of April and the first week of September in each year, cancel the affidavits of registration of
those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall
certify the statement under the seal of the court.
[ Back to Restoration of Voting Rights ]
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Third Party Voter Registrations:
CA Elections Code § 2138 provides:
Individuals and organizations distributing voter registration cards pursuant to subdivision (b) of Section
2158 and who receive completed voter registration cards from voters shall return the completed cards
to the county elections official or shall deposit the cards in the postal service within three days,
excluding Saturdays, Sundays, and state holidays, of receipt from a voter.
[ Back to Third Party Registration ]
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Electioneering Boundaries:
CA Elections Code § 18370 provides:
No person, on election day, or at any time that a voter may be casting a ballot, shall, within 100 feet of a
polling place, a satellite location under Section 3018, or an elections official's office:
(a) Circulate an initiative, referendum, recall, or nomination petition or any other petition.
(b) Solicit a vote or speak to a voter on the subject of marking his or her ballot.
(c) Place a sign relating to voters' qualifications or speak to a voter on the subject of his or her
qualifications except as provided in Section 14240.
(d) Do any electioneering as defined by Section 319.5.
As used in this section, "100 feet of a polling place, a satellite location under Section 3018, or an
elections official's office" means a distance 100 feet from the room or rooms in which voters are signing
the roster and casting ballots.
Any person who violates any of the provisions of this section is guilty of a misdemeanor.
[ Back to Electioneering Boundaries ]
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Challenges by Poll Workers:
CA Elections Code § 14240 provides:
(a) A person offering to vote may be orally challenged within the polling place only by a member of the
precinct board upon any or all of the following grounds:
(1) That the voter is not the person whose name appears on the index.
(2) That the voter is not a resident of the precinct.
(3) That the voter is not a citizen of the United States.
(4) That the voter has voted that day.
(5) That the voter is presently on parole for the conviction of a felony.
(b) On the day of the election no person, other than a member of a precinct board or other official
responsible for the conduct of the election, shall challenge or question any voter concerning the voter's
qualifications to vote.
(c) If any member of a precinct board receives, by mail or otherwise, any document or list concerning the
residence or other voting qualifications of any person or persons, with the express or implied suggestion,
request, or demand that the person or persons be challenged, the board member shall first determine
whether the document or list contains or is accompanied by evidence constituting probable cause to justify
or substantiate a challenge. In any case, before making any use whatever of such a list or document, the
member of the precinct board shall immediately contact the elections official, charged with the duty of
conducting the election, and describe the contents of the document or list and the evidence, if any,
received bearing on voting qualifications. The elections official shall advise the members of the precinct
board as to the sufficiency of probable cause for instituting and substantiating the challenge and as to the
law as herein provided, relating to hearings and procedures for challenges by members of the precinct
board and determination thereof by a precinct board. The elections official may, if necessary, designate a
deputy to receive and answer inquiries from precinct board members as herein provided.
See CA Elections Code § 2212 above.
See CA Elections Code § 2101 above.
[ Back to Challenges by Poll Workers ]
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Challenges by Other Voters:
See CA Elections Code § 14240 above.
[ Back to Challenges by Other Voters ]
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Intimidation by Poll Workers:
See CA Elections Code § 18370 above.
CA Elections Code § 18371 provides:
(a) No candidate or representative of a candidate, and no proponent, opponent, or representative of a
proponent or opponent, of an initiative, referendum, or recall measure, or of a charter amendment, shall
solicit the vote of a vote by mail voter, or do any electioneering, while in the residence or in the
immediate presence of the voter, and during the time he or she knows the vote by mail voter is voting.
(b) Any person who knowingly violates this section is guilty of a misdemeanor.
(c) This section shall not be construed to conflict with any provision of the federal Voting Rights Act of
1965, as amended, nor to preclude electioneering by mail or telephone or in public places, except as
prohibited by Section 18370, or by any other provision of law.
CA Elections Code § 18502 provides:
Any person who in any manner interferes with the officers holding an election or conducting a canvass,
or with the voters lawfully exercising their rights of voting at an election, as to prevent the election or
canvass from being fairly held and lawfully conducted, is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
CA Elections Code § 18520 provides:
A person shall not directly or through another person give, offer, or promise any office, place, or
employment, or promise to procure or endeavor to procure any office, place, or employment to or for
any voter, or to or for any other person, in order to induce that voter at any election to:
(a) Refrain from voting.
(b) Vote for any particular person.
(c) Refrain from voting for any particular person.
A violation of any of the provisions of this section shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
CA Elections Code § 18521 provides:
A person shall not directly or through any other person receive, agree, or contract for, before, during
or after an election, any money, gift, loan, or other valuable consideration, office, place, or employment
for himself or any other person because he or any other person:
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(a) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for any particular
person or measure.
(b) Remained away from the polls.
(c) Refrained or agreed to refrain from voting.
(d) Induced any other person to:
(1) Remain away from the polls.
(2) Refrain from voting.
(3) Vote or refrain from voting for any particular person or measure.
Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16 months or two or three years.
CA Elections Code § 18540 provides:
(a) Every person who makes use of or threatens to make use of any force, violence, or tactic of
coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any
election or to vote or refrain from voting for any particular person or measure at any election, or
because any person voted or refrained from voting at any election or voted or refrained from voting for
any particular person or measure at any election is guilty of a felony punishable by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.
(b) Every person who hires or arranges for any other person to make use of or threaten to make use
of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to
vote or refrain from voting at any election or to vote or refrain from voting for any particular person or
measure at any election, or because any person voted or refrained from voting at any election or voted
or refrained from voting for any particular person or measure at any election is guilty of a felony
punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years.
CA Elections Code § 18541 provides:
(a) No person shall, with the intent of dissuading another person from voting, within 100 feet of a
polling place, do any of the following:
(1) Solicit a vote or speak to a voter on the subject of marking his or her ballot.
(2) Place a sign relating to voters' qualifications or speak to a voter on the subject of his or her
qualifications except as provided in Section 14240.
(3) Photograph, video record, or otherwise record a voter entering or exiting a polling place.
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(b) Any violation of this section is punishable by imprisonment in a county jail for not more than 12
months, or in the state prison. Any person who conspires to violate this section is guilty of a felony.
(c) For purposes of this section, 100 feet means a distance of 100 feet from the room or rooms in
which voters are signing the roster and casting ballots.
CA Elections Code § 18544 provides:
(a) Any person in possession of a firearm or any uniformed peace officer, private guard, or security
personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who
is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of
the appropriate city or county elections official is punishable by a fine not exceeding ten thousand
dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years, or in a county jail not exceeding one year, or by both that fine and
imprisonment.
(b) This section shall not apply to any of the following:
(1) An unarmed uniformed guard or security personnel who is at the polling place to cast his or
her vote.
(2) A peace officer who is conducting official business in the course of his or her public
employment or who is at the polling place to cast his or her vote.
(3) A private guard or security personnel hired or arranged for by a city or county elections
official.
(4) A private guard or security personnel hired or arranged for by the owner or manager of the
facility or property in which the polling place is located if the guard or security personnel is not
hired or arranged solely for the day on which an election is held.
[ Back to Intimidation by Poll Workers ]
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Hours Polling Places Are Open:
See CA Elections Code § 14212 above.
CA Elections Code § 14401 provides:
When the polls are closed, the precinct board shall proclaim that fact aloud at the place of election.
After the proclamation no ballot shall be received. However, if at the hour of closing there are any
other voters in the polling place, or in line at the door, who are qualified to vote and have not been able
to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote.
[ Back to Hours Polling Places Are Open ]
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Duties of Precinct Election Officials a/k/a Poll Workers:
CA Elections Code § 14103 provides:
Before the opening of the polls at any election, the elections official shall cause to be delivered to the
precinct board in each precinct in which the election is to be held, the proper number of ballots of the
kinds to be used in that precinct. The ballots shall be delivered in sealed packages with marks on the
outside clearly designating the precinct or polling place for which they are intended, and the number of
ballots enclosed.
CA Elections Code § 14105 provides:
The elections official shall furnish to the precinct officers all of the following:
(a) Printed copies of the indexes.
(b) Necessary printed blanks for the roster, tally sheets, lists of voters, declarations, and returns.
(c) Envelopes in which to enclose returns.
(d) Not less than six nor more than 12 instruction cards to each precinct for the guidance of voters in
obtaining and marking their ballots. On each card shall be printed necessary instructions and the
provisions of Sections 14225, 14279, 14280, 14287, 14291, 14295, 15271, 15272, 15273, 15276, 15277,
15278, 18370, 18380, 18403, 18563, and 18569.
(e) A digest of the election laws with any further instructions the county elections official may desire to
make.
(f) An American flag of sufficient size to adequately assist the voter in identifying the polling place. The
flag is to be erected at or near the polling place on election day.
(g) A ballot container, properly marked on the outside indicating its contents.
(h) When it is necessary to supply additional ballot containers, these additional containers shall also be
marked on the outside, indicating their contents.
(i) Sufficient ink pads and stamps for each booth. The stamps shall be one solid piece and shall be made
so that a cross (+) may be made with either end. If ballots are to be counted by vote tabulating
equipment, an adequate supply of other approved voting devices shall be furnished. All voting stamps or
voting devices shall be maintained in good usable condition.
(j) When a candidate or candidates have qualified to have his or her or their names counted pursuant to
Article 3 (commencing with Section 15340) of Chapter 4 of Division 15, a sufficient number of ink pens
or pencils in the voting booths for the purpose of writing in on the ballot the name of the candidate or
candidates.
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(k) A sufficient number of cards to each polling place containing the telephone number of the office to
which a voter may call to obtain information about his or her precinct location. The card shall state that
the voter may call collect during polling hours.
(l) An identifying badge or insignia for each member of the precinct board. The member shall print his
or her name and the precinct number thereon and shall wear the badge or insignia at all times in the
performance of duties, so as to be readily identified as a member of the precinct board by all persons
entering the polling place.
(m) Facsimile copies of the ballot containing ballot measures and ballot instructions printed in Spanish
or other languages as provided in Section 14201.
(n) Sufficient copies of the notices to be posted on the indexes used at the polls. The notice shall read
as follows: "This index shall not be marked in any manner except by a member of the precinct board
acting pursuant to Section 14297 of the Elections Code. Any person who removes, tears, marks, or
otherwise defaces this index with the intent to falsify or prevent others from readily ascertaining the
name, address, or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty
of a misdemeanor."
(o) A roster of voters for each precinct in the form prescribed in Section 14107.
(p) In addition, the elections official may, with the approval of the board of supervisors, furnish the
original books of affidavits of registration or other material necessary to verify signatures to the precinct
officers.
(q) Printed copies of the Voter Bill of Rights, as supplied by the Secretary of State. The Voter Bill of
Rights shall be conspicuously posted both inside and outside every polling place.
This section shall become operative on January 1, 1990.
CA Elections Code § 14202 provides:
(a) Before opening the polls, the precinct board shall post in separate, convenient places at or near the
polling place, and of easy access to the voters, not less than two of the copies of the index to the
affidavits of registration for that precinct.
(b) In any county in which tabulating equipment is used to produce the index of registration, the copies
of the index posted pursuant to this section shall be by street addresses in numerical order, unless
otherwise provided by Section 2192.
CA Elections Code § 14203 provides:
The precinct officer shall post the signs required by Section 14106 in plain view within each voting booth
or compartment whenever an election has been canceled pursuant to Section 8026.
CA Elections Code § 14213 provides:
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Before the precinct board receives any ballots, it shall proclaim aloud at the place of election that the
polls are open.
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CA Elections Code § 14215 provides:
Before receiving any ballots, the precinct board, in the presence of any persons assembled at the polling
place, shall open and exhibit and close the ballot container or containers. Thereafter, the ballot
container or containers shall not be removed from the polling place or presence of the bystanders until
all the ballots are counted, nor opened until after the polls are finally closed.
CA Elections Code § 14220 provides:
At any election, a majority of the members of any precinct board shall be present at the polling place at
all times while the polling place is open.
CA Elections Code § 14400 provides:
At any election, all members of the precinct board shall be present at the closing of the polls.
See CA Elections Code § 14401 above.
CA Elections Code § 16100 provides:
Any elector of a county, city, or of any political subdivision of either may contest any election held
therein, for any of the following causes:
(a) That the precinct board or any member thereof was guilty of malconduct.
(b) That the person who has been declared elected to an office was not, at the time of the election,
eligible to that office.
(c) That the defendant has given to any elector or member of a precinct board any bribe or reward, or
has offered any bribe or reward for the purpose of procuring his election, or has committed any other
offense against the elective franchise defined in Division 18 (commencing with Section 18000).
(d) That illegal votes were cast.
(e) That eligible voters who attempted to vote in accordance with the laws of the state were denied
their right to vote.
(f) That the precinct board in conducting the election or in canvassing the returns, made errors
sufficient to change the result of the election as to any person who has been declared elected.
(g) That there was an error in the vote-counting programs or summation of ballot counts.
[ Back to Duties of Precinct Election Officials a/k/a Poll Workers ]
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Who May be Present at Polling Places:
CA Elections Code § 14221 provides:
Only voters engaged in receiving, preparing, or depositing their ballots and persons authorized by the
precinct board to keep order and enforce the law may be permitted to be within the voting booth area
before the closing of the polls.
CA Elections Code § 14222 provides:
Nothing contained in this code shall prevent a voter from being accompanied by a child or children
under the age of 18 years while the voter is within the voting booth area if the child is, or children are,
under the voter's care.
CA Elections Code § 14223 provides:
(a) Only members of the precinct board, and persons while signing their names on the roster, shall be
permitted, during the hours within which voting is in progress, to sit at the desk or table used by the
precinct board.
(b) Any person may inspect the roster while voting is in progress and while votes are being counted.
However, this shall not be done at a time or in a manner which will impede, interfere, or interrupt the
normal process of voting.
[ Back to Who May Be Present at Polling Places ]
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Identification Requirements:
Help America Vote Act, 42 U.S.C. § 15483(b) provides:
(b) Requirements for voters who register by mail:
(1) In general:
Notwithstanding section 6(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–
4 (c)) and subject to paragraph (3), a State shall, in a uniform and nondiscriminatory manner,
require an individual to meet the requirements of paragraph (2) if—
(A) the individual registered to vote in a jurisdiction by mail; and
(B)
(i) the individual has not previously voted in an election for Federal office in the State; or
(ii) the individual has not previously voted in such an election in the jurisdiction and the
jurisdiction is located in a State that does not have a computerized list that complies
with the requirements of subsection (a) of this section.
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(2) Requirements
(A) In general
An individual meets the requirements of this paragraph if the individual—
(i) in the case of an individual who votes in person—
(I) presents to the appropriate State or local election official a current and valid
photo identification; or
(II) presents to the appropriate State or local election official a copy of a current
utility bill, bank statement, government check, paycheck, or other government
document that shows the name and address of the voter; or
(ii) in the case of an individual who votes by mail, submits with the ballot—
(I) a copy of a current and valid photo identification; or
(II) a copy of a current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of the voter.
(B) Fail-safe voting
(i) In person An individual who desires to vote in person, but who does not meet the
requirements of subparagraph (A)(i), may cast a provisional ballot under section 15482
(a) of this title.
(ii) By mail An individual who desires to vote by mail but who does not meet the
requirements of subparagraph (A)(ii) may cast such a ballot by mail and the ballot shall
be counted as a provisional ballot in accordance with section 15482 (a) of this title.
(3) Inapplicability
Paragraph (1) shall not apply in the case of a person—
(A) who registers to vote by mail under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg–4) and submits as part of such registration either—
(i) a copy of a current and valid photo identification; or
(ii) a copy of a current utility bill, bank statement, government check, paycheck, or
government document that shows the name and address of the voter;
(B)
(i) who registers to vote by mail under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg–4) and submits with such registration either—
(I) a driver’s license number; or
(II) at least the last 4 digits of the individual’s social security number; and
(ii) with respect to whom a State or local election official matches the information
submitted under clause (i) with an existing State identification record bearing the same
number, name and date of birth as provided in such registration; or
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(C) who is—
(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act [42 U.S.C. 1973ff et seq.];
(ii) provided the right to vote otherwise than in person under section 1973ee–1
(b)(2)(B)(ii) of this title; or
(iii) entitled to vote otherwise than in person under any other Federal law.
(4) Contents of mail-in registration form
(A) In general
The mail voter registration form developed under section 6 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg–4) shall include the following:
(i) The question “Are you a citizen of the United States of America?” and boxes for the
applicant to check to indicate whether the applicant is or is not a citizen of the United
States.
(ii) The question “Will you be 18 years of age on or before election day?” and boxes for
the applicant to check to indicate whether or not the applicant will be 18 years of age
or older on election day.
(iii) The statement “If you checked ‘no’ in response to either of these questions, do not
complete this form.”.
(iv) A statement informing the individual that if the form is submitted by mail and the
individual is registering for the first time, the appropriate information required under
this section must be submitted with the mail-in registration form in order to avoid the
additional identification requirements upon voting for the first time.
(B) Incomplete forms
If an applicant for voter registration fails to answer the question included on the mail
voter registration form pursuant to subparagraph (A)(i), the registrar shall notify the
applicant of the failure and provide the applicant with an opportunity to complete the
form in a timely manner to allow for the completion of the registration form prior to the
next election for Federal office (subject to State law).
(5) Construction
Nothing in this subsection shall be construed to require a State that was not required to comply
with a provision of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.)
before October 29, 2002, to comply with such a provision after October 29, 2002.
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CA Elections Code § 14216 provides:
Any person desiring to vote shall announce his or her name and address in an audible tone of voice, and
when one of the precinct officers finds the name in the index, the officer shall in a like manner repeat
the name and address. The voter shall then write his or her name and residence address or, if the voter
is unable to write, shall have the name and residence address written by another person on a roster of
voters provided for that purpose, whereupon a challenge may be interposed as provided in this article.
2 CCR § 20108.38 provides:
(a) If a voter registration application is submitted by mail, the elections official shall determine if any of
the following conditions are met before the voter registration data is submitted to Calvoter:
(i) Applicant provided satisfactory proof of identity with the voter registration application or
otherwise provided satisfactory proof of identity prior to voting in a Federal election; or
(ii) California driver's license or state identification number or the last four digits of the social
security number provided was verified with Calvalidator or the Department of Motor Vehicles; or
(iii) Applicant is registered to vote under the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. § 1973ff-1 et seq.), or is entitled to vote other than in person under the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 1973ee-1(b)(2)(B)(ii)), or any
other Federal law; or
(iv) Applicant has previously registered to vote in the State and the elections official has
determined, after researching the applicant's voting history in the county election management
system and Calvoter, that the applicant has previously voted in a Federal election in the State.
(b) If any of the conditions in subdivision (a) are satisfied, the registrant shall be exempt from providing
further proof of identity under HAVA for the purpose of voting. The elections official shall enter into his
or her election management system the reason for the exemption from the HAVA identification
requirement and, if the registrant is determined to be otherwise eligible to vote, the elections official
shall transmit that data to Calvoter in accordance with Section 20108.15 and Section 20108.40.
(c) If the elections official determines that none of the conditions in subdivision (a) are satisfied, but the
registrant is determined to be otherwise eligible to vote, the elections official shall submit the record to
Calvoter in accordance with Section 20108.15 and Section 20108.40 and that record shall indicate that
proof of identity must be provided the first time the voter votes in a Federal election.
(d) Voters identified in subdivision (c) shall be required to provide proof of identity the first time they
vote in a Federal election.
(e) Once voters identified in subdivision (c) have voted in a Federal election, the elections official shall
update the county election management system and Calvoter to reflect that the voter is no longer
required to provide proof of identity in accordance with Section 20108.15 and Section 20108.40.
[ Back to Identification Requirements ]
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Registration Missing from the Rolls:
CA Elections Code § 14310 provides:
(a) At all elections, a voter claiming to be properly registered but whose qualification or entitlement to
vote cannot be immediately established upon examination of the index of registration for the precinct or
upon examination of the records on file with the county elections official, shall be entitled to vote a
provisional ballot as follows:
(1) An elections official shall advise the voter of the voter's right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written instructions regarding the process
and procedures for casting the provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall include the information set
forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an elections official, the written
affirmation stating that the voter is eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a provisional ballot envelope, and the ballot in its
envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their
envelopes for return to the elections official in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a color different than the color of, but
printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the
same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall examine the records with respect to all
provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail
ballots, the elections official shall compare the signature on each provisional ballot envelope with the
signature on the voter's affidavit of registration. If the signatures do not compare or the provisional
ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial or official canvass, except upon:
(A) the elections official's establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's residence. A voter may seek
the court order specified in this paragraph regarding his or her own ballot at any time
prior to\ completion of the official canvass. Any judicial action or appeal shall have priority
over all other civil matters. No fee shall be charged to the claimant by the clerk of the
court for services rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected
because the voter did not cast his or her ballot in the precinct to which he or she was assigned
by the elections official.
(A) If the ballot cast by the voter contains the same candidates and measures on which the
voter would have been entitled to vote in his or her assigned precinct, the elections
official shall count the votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or measures on which the voter
would not have been entitled to vote in his or her assigned precinct, the elections official
shall count only the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
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(d) The Secretary of State shall establish a free access system that any voter who casts a provisional
ballot may access to discover whether the voter's provisional ballot was counted and, if not, the reason
why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for purposes of ensuring the uniform
application of this section.
(f) This section shall apply to any vote by mail voter described by Section 3015 who is unable to
surrender his or her unvoted vote by mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged ballot" may be used until the supply is exhausted.
[ Back to Registration Missing From The Rolls ]
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Changes to Name or Address:
See CA Elections Code §§ 2115 above.
CA Elections Code §§ 2116 above.
See CA Elections Code §§ 2152 above.
See CA Elections Code § 2107 above.
[ Back to Changes to Name or Address ]
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Provisional Ballots:
See CA Elections Code § 14310 above.
CA Elections Code § 14312 provides:
This article shall be liberally construed in favor of the provisional voter.
[ Back to Provisional Ballots ]
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Assistance:
Help America Vote Act, 42 U.S.C. § 15481(a)(3) provides:
(3) Accessibility for individuals with disabilities.--The voting system shall-(A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for access and participation
(including privacy and independence) as for other voters;
(B) satisfy the requirement of subparagraph (A) through the use of at least one direct recording
electronic voting system or other voting system equipped for individuals with disabilities at each
polling place; and
(C) if purchased with funds made available under title II on or after January 1, 2007, meet the
voting system standards for disability access (as outlined in this paragraph).
CA Elections Code § 14282 provides:
(a) When a voter declares under oath, administered by any member of the precinct board at the time
the voter appears at the polling place to vote, that the voter is then unable to mark a ballot, the voter
shall receive the assistance of not more than two persons selected by the voter, other than the voter's
employer, an agent of the voter's employer, or an officer or agent of the union of which the voter is a
member.
(b) No person assisting a voter shall divulge any information regarding the marking of the ballot.
(c) In those polling places that are inaccessible under the guidelines promulgated by the Secretary of
State for accessibility by the physically handicapped, a physically handicapped person may appear outside
the polling place and vote a regular ballot. The person may vote the ballot in a place that is as near as
possible to the polling place and that is accessible to the physically handicapped. A precinct board
member shall take a regular ballot to that person, qualify that person to vote, and return the voted
ballot to the polling place. In those precincts in which it is impractical to vote a regular ballot outside the
polling place, vote by mail ballots shall be provided in sufficient numbers to accommodate physically
handicapped persons who present themselves on election day. The vote by mail ballot shall be
presented to and voted by a physically handicapped person in the same manner as a regular ballot may
be voted by that person outside the polling place.
CA Elections Code § 12280 provides:
When designating polling places, the elections official shall undertake necessary measures in the locating
of polling places to ensure that polling places meet the guidelines promulgated by the Secretary of State
for accessibility by the physically handicapped.
[ Back to Assistance ]
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