SECTION 1.
Section 319.5 of the Elections Code is amended to read:
319.5.
(a) “Electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). 100 feet of a polling place, a vote center, an elections official’s office, or a satellite location under Section 3018. Prohibited electioneering information or activity includes, but is not limited to, any of the following:(1) (a) A display of a candidate’s name, likeness, or logo.
(2) (b) A display of a ballot measure’s number, title, subject, or logo.
(3) (c) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information.
(4) (d) Dissemination of audible electioneering information.
(5) (e) Obstructing access to, loitering near, At vote by mail ballot drop boxes, loitering near or disseminating visible or audible electioneering information at vote by mail ballot drop boxes. information.
(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:
(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.
(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.
SEC. 2.
Section 325 is added to the Elections Code, to read:
325.
“Inspector” means the supervisor of the precinct board of which he or she is a member. SEC. 3.
Section 336.5 of the Elections Code is amended to read:
336.5.
(a) “One percent manual tally” is the public process of manually tallying votes in 1 percent of the precincts, selected at random by the elections official, and in one precinct for each race not included in the randomly selected precincts. This procedure is conducted during the official canvass to verify the accuracy of the automated count.(b) In an election conducted using vote centers, a 1 percent manual tally can be conducted using the batch process set forth in Section 15360.
SEC. 4.
Section 338.5 is added to the Elections Code, to read:
338.5.
“Polling place” means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. A polling place can serve more than one precinct. SEC. 5.
Section 338.6 is added to the Elections Code, to read:
338.6.
“Precinct” means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. All voters from the same precinct are assigned to a specific polling place for an election. In an election conducted using vote centers, eligible voters from any precinct within the county can use any vote center located within the county. SEC. 6.
Section 339 of the Elections Code is amended to read:
339.
(a) “Precinct board” is the board appointed by the elections official to serve at a single precinct or a consolidated precinct. In an election conducted using vote centers, “precinct board” means the board appointed by the elections official to serve at a vote center.(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.
(c) “Precinct board member” is a member of the precinct board and includes an election officer.
SEC. 7.
Section 349.5 is added to the Elections Code, to read:
349.5.
“Roster” means the official list of voters for an election, which may be in paper or electronic form. The roster becomes the official list of voters who have voted in the election once signed by the voter or marked by the elections official. SEC. 8.
Section 357.5 is added to the Elections Code, to read:
357.5.
“Vote center” means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. SEC. 9.
Section 359.2 is added to the Elections Code, to read:
359.2.
“Voter list” means the list of registered voters in a single or consolidated precinct or in an entire county. The voter list may be in the form of a walking list, street index list, or other format, as provided by the elections official. The voter list is updated by the elections official with public information related to who has voted in an election. SEC. 10.
Section 2154 of the Elections Code is amended to read:
2154.
In the event that the county elections official receives an affidavit of registration, executed under penalty of perjury, that does not include portions of the information for which space is provided, the county elections official shall apply the following rebuttable presumptions:(a) If no middle name or initial is shown, it shall be presumed that none exists.
(b) If no party preference is shown, it shall be presumed that the affiant has declined to disclose a party preference. The county elections official shall designate the affiant’s party preference as “Unknown” on a roster under Article 5 (commencing with Section 2183) and the affiant shall otherwise be treated as a “No Party Preference” voter.
(c) If no execution date is shown, it shall be presumed that the affidavit was executed on or before the 15th day prior to the election, provided that (1) the affidavit is received by the county elections official on or before the 15th day before the election, or (2) the affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(d) If the affiant fails to identify his or her state of birth within the United States, it shall be presumed that the affiant was born in a state or territory of the United States if the birthplace of the affiant is shown as “United States,” “U.S.A.,” or other recognizable term designating the United States. The affiant’s failure to furnish his or her place of birth shall not preclude his or her affidavit of registration from being deemed complete.
SEC. 11.
Section 2155 of the Elections Code is amended to read:
2155.
Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:Party: (Name of political party)
The voter notification shall be substantially in the following form:
VOTER NOTIFICATION
You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1. Your recently completed affidavit of registration.
OR,
2. A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.
OR,
3. Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the roster kept at the polls.
Please contact our office if the information shown on the reverse side of this card is incorrect.
SEC. 12.
The heading of Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of the Elections Code is amended to read:
SEC. 13.
Section 2183 of the Elections Code is amended to read:
2183.
(a) The elections official shall supply an electronic copy, or paper copy upon request, of the roster and of supplements to the roster, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply copies of the roster and supplements as may be requested by the elections official of a city, school district, or other body. The name of each voter whose affidavit of registration has been canceled shall be removed from the roster and supplement. The county elections official may charge an amount sufficient to reimburse the county for the expense incurred in preparing and furnishing the roster and supplements.(b) (1) The roster shall contain the name, address, residence telephone number if furnished, and political party preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter.
(2) The name shall include the given name and the middle name or initials, if any. At the affiant’s option, the given name may be preceded by the designation “Miss,” “Ms.,” “Mrs.,” or “Mr.”
SEC. 14.
Section 2184 of the Elections Code is amended to read:
2184.
Upon request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee the roster for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund. SEC. 15.
Section 2185 of the Elections Code is amended to read:
2185.
Upon written request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the roster for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The county elections official shall furnish one copy per election in an electronic form, or in paper form upon request, of the rosters specified in this section. SEC. 16.
Section 2189 of the Elections Code is amended to read:
2189.
Before the first day of the opening of the polls for any election held throughout the county, the county elections official shall deliver to the precinct board in each precinct at least one printed or electronic copy of the roster for that polling place, with canceled names lined out or otherwise indicated and with necessary supplements to bring the roster up to date. SEC. 17.
Section 2191 of the Elections Code is amended to read:
2191.
(a) Upon request, the elections official shall compile a voter list or file, by precinct, of all persons who voted in previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3.(b) Information compiled pursuant to this section shall include the information that is required to appear in the index as set forth in Section 2183.
(c) Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the voter list or file compiled pursuant to this section. The elections official shall inform any recipient of this information whether the voter list or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information as a condition to furnishing the information contained in this section.
SEC. 18.
Section 2221 of the Elections Code is amended to read:
2221.
(a) Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions:(1) The voter affidavits of registration status of a voter persons whose residency confirmation postcard is postcards are returned by the post office as undeliverable and who has have no forwarding address shall be updated by the county elections official to inactive placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226, and the voter 2226. These persons shall be mailed a the confirmation notice, as notices described in subdivision (c) of Section 2225.
(2) The voter affidavits of registration record of a voter persons for whom a forwarding address addresses within the county or outside the county is are received shall be immediately updated by the county elections official to reflect the new address provided by the post office, office and the former address shall be maintained with the voter registration record, and the voter record. These persons shall be mailed a the confirmation notice, as notices described in subdivision (b) of Section 2225.
(b) All updates to a voter’s affidavits of registration record made pursuant to this section shall be reflected on the voter list as required by Section 2191.
SEC. 19.
Section 2226 of the Elections Code is amended to read:
2226.
(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 residence address in California, the county elections official shall immediately update the voter’s registration record. registration.
(2) If the mailings have been returned as undeliverable, or if NCOA, Operation Mail, a returned mailing, or postal service change-of-address data received from a nonforwardable mailing indicates that the voter has moved and left no forwarding address, or if any of these sources indicate that a voter has moved out of the state, the the voter fails to confirm his or her address as required by Section 2224, the county elections official shall update the status of the voter’s registration to inactive. Voters with an inactive voter registration status 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 a voter’s registration status is inactive based on the voter’s failure to confirm the voter’s address pursuant to Section 2224, the county elections official shall send a forwardable address verification mailing, as set forth in subdivision (c) of Section 2225. The voter registration record of a voter who fails to respond to the address verification mailing, and who does not offer to vote or vote at any election between the date of the mailing described in Section 2225 and two federal general elections after the date of that mailing, shall be canceled.
(b) The voter registration record of a any voter whose status is inactive name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing required by subdivision (c) of 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, shall may be canceled.
(c) A Any voter who has a registration status of inactive, who 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 mailing required by subdivision (c) of Section 2225 notice, and two federal general elections after the date of that mailing, notice, or who notifies the elections official of a continued residency, shall have the voter’s voter registration status updated to active. be removed from the inactive file and placed on the active voter file.
(d) All address updates, cancellations, and active and inactive transactions made to the voter registration records file pursuant to this section shall be reflected on the voter list as required by Section 2191.
(e) This section shall remain in effect only until the date that the Secretary of State certifies that the state’s statewide voter registration database, which was developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), has been modified to notify county elections officials when a voter confirms the voter’s registration record on the Secretary of State’s internet website, and as of that date is repealed.
SEC. 20.
Section 2300 of the Elections Code is amended to read:
2300.
(a) All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall convey all of the following to voters:(1) (A) You have the right to cast a ballot if you are a valid registered voter.
(B) A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not serving a state or federal prison term in prison or on parole for conviction of a felony, and who is registered to vote at their his or her current residence address.
(2) You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
(3) You have the right to cast a ballot if you are present and in line at the polling place before the close of the polls.
(4) You have the right to cast a secret ballot free from intimidation.
(5) (A) You have the right to receive a new ballot if, before casting your ballot, you believe you made a mistake.
(B) If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official before the closing of the polls.
(6) You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
(7) You have the right to return a completed vote by mail ballot to any precinct in the county.
(8) You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
(9) (A) You have the right to ask questions about election procedures and observe the election process.
(B) You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the precinct board or elections officials may discontinue responding to questions.
(10) You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of State’s office.
(b) Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct.
(c) The Secretary of State may do both of the following:
(1) Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a).
(2) Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms.
(d) The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows:
(1) The Voter Bill of Rights shall be printed in the state voter information guide, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights.
(2) Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105.
SEC. 21.
Section 3005 of the Elections Code is amended to read:
3005.
(a) Whenever, on the 88th day before the election, there are 250 or less persons registered to vote in any precinct, the elections official may furnish each voter with a vote by mail ballot along with a statement that there will be no polling place for the election. The elections official shall also notify each voter of the location of the two nearest polling places in the event the voter chooses to return the ballot on or before election day. The voter shall not be required to file an application for the vote by mail ballot and the ballot shall be sent as soon as the ballots are available. (b) A precinct shall not be divided in order to conform to this section.
SEC. 22.
Section 3015 of the Elections Code is amended to read:
3015.
(a) Notwithstanding subdivision (f) of Section 14310, vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be permitted to vote nonprovisional ballots if either of the following conditions is satisfied:(1) They surrender their vote by mail voter ballots to the inspector of the precinct board, a member of the vote center election board, or the elections official.
(2) They are unable to surrender their vote by mail voter ballots pursuant to paragraph (1) but the precinct board, vote center election board, or elections official does all of the following:
(A) Verifies that they have not returned their vote by mail ballots.
(B) Notates their voter records to ensure that their vote by mail ballots are not cast or tabulated after they vote at the polls.
(b) The precinct board and vote center election board shall return the unused vote by mail voters’ ballots surrendered pursuant to subdivision (a) to the elections official in an envelope designated for this purpose.
SEC. 22.5.
Section 3016 of the Elections Code is amended to read:
3016.
Vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be issued a provisional ballot in accordance with Section 14310 if neither of the conditions in subdivision (a) of Section 3015 is satisfied. SEC. 23.
Section 3017 of the Elections Code is amended to read:
3017.
(a) (1) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following:(A) Return the ballot by mail or in person to the elections official who issued the ballot.
(B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state.
(C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005.
(2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the close of polls on election day.
(3) (a) The ballot must All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following: (1) return the ballot by mail or in person to the elections official who issued the ballot, (2) return the ballot in person to a member of a precinct board at a polling place or vote center within the state, or (3) return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. However, a vote by mail voter who is unable to return the ballot may designate any person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The ballot must, however, be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt.
(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a polling place and the security, confidentiality, and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person returns has returned and an individual, group, or organization shall not provide compensation on this basis.
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) A Any person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.
SEC. 24.
Section 3021 of the Elections Code is amended to read:
3021.
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 for an election 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.
SEC. 25.
Section 3108 of the Elections Code is amended to read:
3108.
(a) A military or overseas voter who is qualified pursuant to paragraph (1) of subdivision (b) of Section 300 may apply in person to the voter’s elections official for permission to register after the closing date of registration under the following conditions:(1) If The a military or overseas voter is who is qualified pursuant to paragraph (1) of subdivision (b) of Section 300 is released from service after the closing date of registration for an election, returns election and has returned to the county of his or her residence, residence and is not a registered voter. To register, the elector shall furnish documentary proof that he or she was released voter, he or she may apply in person to the elections official for permission to register. If the elector furnishes documentary proof of release from service after the closing date of registration for the election. election, the elections official shall allow him or her to be registered and to vote in the election. On or before the day of election, or the first day a vote center opens, the elections official shall deliver to the precinct board a list of military or overseas voters registered under this section.
(2) The military or overseas voter is required to move under official active duty military orders after the closing date of registration. To register, the elector shall furnish a copy of his or her official military orders.
(b) On or before the day of election, or the first day a vote center opens, the elections official shall deliver to the precinct board a list of military or overseas voters who registered under this section.
SEC. 25.5.
Section 3108 of the Elections Code is amended to read:
3108.
(a) A military or overseas voter who is qualified pursuant to paragraph (1) of subdivision (b) of Section 300 may apply in person to the voter’s elections official for permission to register after the closing date of registration under the following conditions:(1) The military or overseas voter is released from service after the closing date of registration for an election, returns to the county of his or her residence, and is not a registered voter. To register, the elector shall furnish documentary proof that he or she was released from service after the closing date of registration for the election.
(2) The military or overseas voter is required to move under official active duty military orders after the closing date of registration. To register, the elector shall furnish a copy of his or her official military orders.
(b) On or before the day of election, or the first day a vote center opens, the elections official shall deliver to the precinct board a list of military or overseas voters who registered under this section.
SEC. 26.
Section 3109 of the Elections Code is amended to read:
3109.
If any military or overseas voter to whom a vote by mail ballot has been mailed and which ballot has not been voted by them him or her returns to the county in which they are he or she is registered, or for a military or overseas voter qualified pursuant to paragraph (2) of subdivision (b) of Section 321, to the county in which the applicant’s parent or legal guardian resided when the parent or legal guardian last lived within the territorial limits of the United States or the District of Columbia on or before election day, they he or she may apply for a replacement second vote by mail ballot pursuant to Section 3014. The elections official shall then issue another vote by mail ballot to the voter, or the elections official shall certify to the precinct board that the voter is eligible to vote in the election. SEC. 27.
Section 10545 of the Elections Code is amended to read:
10545.
The envelope, certificate with the roster, tally lists, and voter list, shall be all of the following:(a) Sealed in an envelope by the inspector in the presence of the judge and clerk.
(b) Endorsed “Election returns of (naming the precinct) precinct.”
(c) Directed to the county elections official.
(d) Immediately delivered by the inspector or by a responsible person designated by him, to the county elections official.
SEC. 28.
Section 12105.5 of the Elections Code is amended to read:
12105.5.
(a) Not less than one week before the election, the elections official shall post a list of all current polling places in each precinct and a list of political party preference of precinct board members appointed by the 15th day before the election. This list shall not include the names of the precinct board members. Not later than 28 days after the election, the elections official shall post an updated list of the political party preferences of precinct board members who actually served on election day. The election official shall post these lists in their his or her office and on their official website, his or her official Web site, if any.(b) In each jurisdiction in which the election official he or she determines that the public interest, convenience, and necessity requires the local posting of polling places, places and precinct board members, the elections official shall divide and distribute the lists for posting in any city clerk’s City Clerk’s office within the jurisdiction having the election.
(c) Each list required by this section shall remain posted for 30 days after completion of the canvass, shall then be archived by the elections official, and shall remain available for public inspection as long as election materials are required to be retained. Copies shall be made available upon request for a price not to exceed the cost of reproduction and mailing.
(d) This section does not apply to elections conducted using vote centers.
SEC. 29.
Section 12106 of the Elections Code is amended to read:
12106.
(a) The elections official shall publish, as provided in this section and Section 12105, the list of polling places designated for each election precinct in each jurisdiction where the elections official determines that the public interest, convenience, and necessity require the local publication of the list to afford adequate notice of this subject to the electorate.(b) After making a determination pursuant to subdivision (a), the elections official shall divide and distribute the list of polling places and cause the same to be published at least one week before the election in newspapers of general circulation published in different places in the jurisdiction.
(c) Divisions of the list of polling places may be published in that daily newspaper of general circulation published or circulated in one or more cities in the county, with the exception of the county seat, that is determined will give to the electorate in each city adequate notice of the election. If there is no daily newspaper, publication may be made in a semiweekly newspaper, a biweekly newspaper, or a weekly newspaper of general circulation that is determined will give the electorate in the city adequate notice of the election.
(d) The list of polling places designated for various portions of the unincorporated area of the county and of the county seat may be published in those daily, semiweekly, biweekly, or weekly newspapers of general circulation published or circulated within the various portions of the unincorporated area and the county seat, deemed by the county elections official to be those newspapers that will give adequate notice of the election to the voters of the respective portions of the unincorporated area and the county seat.
(e) This section does not apply to elections conducted using vote centers.
SEC. 30.
Section 12107 of the Elections Code is amended to read:
12107.
(a) The elections official shall let the contracts for publication, pursuant to Section 12106, of the list of polling places designated for each election precinct, and shall determine the rate to be paid for the publication of the list or any portion of the list.(b) The publication rate shall be based on a common denominator of measurement for all newspapers and may be graduated according to circulation.
Contracts for the publication shall include the publication of the proper portion of the list of polling places and all other items relating to that portion required by law to be published.
(c) This section does not apply to elections conducted using vote centers.
SEC. 31.
Section 12108 of the Elections Code is amended to read:
12108.
(a) The elections official In a case in which this chapter requires the posting or distribution of a list of the names of precinct board members, or a portion of the list, the officers charged with the duty of posting shall ascertain the name of the political party, if any, for which each precinct board member has expressed a preference, as shown in the affidavit of registration of that person. The elections official shall post a list When the list is posted or distributed, there shall be printed the name of the board member’s party preference or an abbreviation of the name of each precinct board member. The list required under this section shall not include the names of the precinct board members. to the right of the name, or immediately below the name, of each precinct board member. If a precinct board member has not expressed a preference for a political party, the word “None” shall be printed in place of the party name.(b) This section does not apply to elections conducted using vote centers.
SEC. 32.
Section 12224 of the Elections Code is amended to read:
12224.
(a) At the discretion of the elections official, the voters of the precinct may be divided into two or more groups, as nearly equal as possible, and one precinct board appointed to serve each group. When the voters of a precinct are so divided, there may be one or more polling places and a ballot box for and a set of returns from each group.(b) This section does not apply to elections conducted using vote centers.
SEC. 33.
Section 12281 of the Elections Code is amended to read:
12281.
(a) If, for any valid reason, the polling place designated for any precinct cannot be used, and this fact is known in sufficient time to allow a mailed notice to be received before the election, the elections official may designate another polling place and shall mail, to each voter in the precinct a notice showing this change.(b) If the information is not known in sufficient time for a mailing pursuant to subdivision (a), either the elections official or, in the case of an emergency, the precinct board on the day of election, shall designate another polling place as near the place first designated as possible, post notice on or near the place first designated, and conduct the election at the new location.
(c) This section does not apply to elections conducted using vote centers.
SEC. 34.
Section 12283 of the Elections Code is amended to read:
12283.
(a) For purposes of this section, “public building” means a building owned or controlled by any of the following:(1) A local governmental agency, including a city or county.
(2) The University of California.
(3) The California State University.
(4) A community college district.
(b) (a) (1) The governing body having jurisdiction over school buildings or other public buildings may authorize the use of its buildings for polling places, or for vote centers, as described in Section 4005, beginning up to 10 days before the election and continuing through election day, and it and may also authorize the use of its buildings, without cost, for the storage of voting machines and other vote-tabulating devices. However, if a city or county elections official specifically requests the use of a school building for polling places, the governing body having jurisdiction over the particular school building shall allow its use for the purpose requested. When allowing use of a school building for polling places, the governing body may, but is not required to, do any of the following:
(2) If a city or county elections official specifically requests the use of a school building or public building for polling places, or vote centers beginning up to 10 days before the election and continuing through election day, as well as during key dates necessary for drop-off, set-up, and pick-up of election materials, as determined by the elections official, the governing body having jurisdiction over the particular school building or public building shall allow its use for the purpose requested, except that the University of California is encouraged, but not required, to comply with a request made pursuant to this paragraph.
(3) When allowing use of a school building for polling places or vote centers, the governing body may, but is not required to, do any of the following:
(A) (1) Continue school in session, if provided that the governing body identifies shall identify to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places or vote centers. places.
(B) (2) Designate the day for staff training and development.
(C) (3) Close the school to students and certificated employees. nonclassified employees. Classified employees are those so defined by Section 41401 of the Education Code.
(c) (b) (1) An elections official requesting the making a request for use of a school building pursuant to subdivision (b) (a) shall include in the official’s his or her request a list of the schools from which the use of a building for polling places or vote centers is needed. Requests must be made within sufficient time in advance of the school year for the governing body to determine, on a school-by-school or districtwide basis, whether to keep the affected schools in session, designate the schoolday for staff training and development, or close the school to students and nonclassified employees before school calendars are printed and distributed to parents.
(2) An elections official requesting the use of a public building pursuant to subdivision (b) shall include in the official’s request a list of the buildings from which the use of a building for polling places or vote centers is needed. Requests shall be made sufficiently before election day for the governing body of the city, county, or other local governmental agency to adequately plan for the public building’s use as a polling place or vote center.
(d) (c) Once a governing body has approved the use of a school building or public building as a polling place or vote center, place, the governing body shall instruct the school district or other public administrator to provide the elections official a site with an adequate amount of space that will allow the precinct board or vote center to perform its duties in a manner that will not impede, interfere, or interrupt the normal process of voting and to make internet a telephone line for Internet access available for use by local elections officials, if requested. Beginning 10 days before the election and continuing through election day, if requested by the elections official, the district administrator shall make building parking available at no charge to the precinct or vote center board and voters. requested by those officials.
(e) (d) A public building, including, but not limited to, a building operated by a school district, that is used as a polling place or vote center shall comply with applicable accessibility requirements described in this article, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The school administrator shall also make a reasonable effort to ensure that the site is accessible to the handicapped.
SEC. 35.
Section 12286 of the Elections Code is amended to read:
12286.
(a) At least 29 days prior to the election, the elections official shall do all of the following:(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.
(d) This section does not apply to elections conducted using vote centers.
SEC. 36.
Section 12310 of the Elections Code is amended to read:
12310.
Each member of a precinct board shall receive compensation from the governing body of the jurisdiction. This sum shall be paid out of the treasury of the jurisdiction in which the election is held. The inspector may receive more compensation than the other members of the precinct board. The additional compensation to the inspector is for services rendered in securing precinct board members and other duties which may be directed by the elections official. SEC. 37.
Section 12312 of the Elections Code is amended to read:
12312.
A person shall not be suspended or discharged from any service or employment because of absence while serving as an election officer. SEC. 38.
Section 12313 of the Elections Code is amended to read:
12313.
(a) If any member of a precinct board does not appear at the opening of the polls on the morning of an election, those voters present, including members of the board, shall appoint a voter to fill the vacancy. If none of the members appointed appears at that time, the voters of the precinct present at that time may appoint a board.(b) This section does not apply to elections conducted using vote centers.
SEC. 39.
Section 12318 of the Elections Code is amended to read:
12318.
(a) Following the notification of the precinct board members appointed pursuant to Section 12307, the county elections official shall mail or deliver to the county central committee of each qualified political party a copy of the list, and the elections official may notify the same committee of any substitute appointments that are made until the time the notice of final order is sent to the precinct inspector. This list shall have the names of precinct board members in precinct order.(b) In addition, the elections official shall make available a copy of the list prescribed in subdivision (a) to any person requesting a copy. Any person requesting a copy of the list shall sign a roster specifying his or her name, telephone number, and address, and shall provide the elections official with adequate personal identification.
(c) This section does not apply to elections conducted using vote centers.
SEC. 40.
Section 12321 of the Elections Code is amended to read:
12321.
(a) (1) Each inspector shall sign a declaration of intention to faithfully discharge the duties of inspector and shall return it to the elections official at least 15 days before election day or the first day of service at a vote center. If the inspector fails or refuses to sign and file the declaration, the elections official shall appoint a substitute who shall make and file the application.(2) The declaration of an inspector and each of the declarations of other members of the precinct board provided for in this article shall be signed in the presence of a witness and shall be as binding on the signer as would be an oath of office.
(3) The declaration of an inspector shall be in substantially the following form:
State of California County of | ⎱
⎰ | ss. |
|
I do hereby solemnly declare that I will support the Constitution of the United States and the Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of inspector for polling place or vote center ______ for the election to be held on ______, 20__. |
|
| | . |
Signed in the presence of
_____
(Signature)
_____
on ______, 20__. |
(b) Before entering upon the performance of duties, each of the precinct board members, other than the inspector, shall sign a declaration of intention to faithfully discharge the duties of an election officer. The declaration shall be signed before any member of the precinct board. The form for each of the declarations shall be provided in the roster for the polling place. The declaration of the precinct board member shall be in substantially the following form:
State of California County of | ⎱
⎰ | ss. |
|
I do hereby solemnly declare that I will support the Constitution of the United States and the Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of precinct board member for polling place or vote center______ for the election to be held on ______, 20__. |
|
| | . |
Signed in the presence of
_____
(Signature)
_____
on ______, 20__. |
(c) Any precinct board member may administer and certify oaths required to be administered during the progress of an election. This authorization shall include the power to give any type of oath required of a public employee. There shall be no fee or charge for administering an oath.
(d) In lieu of signing and returning the declaration of the inspector, as provided in this chapter, the county elections official may require the inspector to sign the declaration for an election and before entering upon the performance of these duties.
SEC. 41.
Section 13101 of the Elections Code is amended to read:
13101.
(a) In the case of the prevention of an election in any precinct by the loss or destruction of the ballots intended for that precinct, the inspector or other precinct officer for that precinct shall make an affidavit setting forth the fact and transmit it to the Governor. Upon receipt of the affidavit, the Governor may, and upon the application of any candidate for any office to be voted for by the voters of that precinct the Governor shall, order a new election in that precinct.(b) This section does not apply to elections conducted using vote centers.
SEC. 41.5.
Section 13216.5 is added to the Elections Code, to read:
13216.5.
A ballot stub may be used, but is not required, for a ballot produced on demand if the quantity of ballots produced for the election can be reconciled by the ballot processing method used by the voting system. The ballots may contain printed and distinguishing marks if secrecy in voting is protected. SEC. 42.
Section 13303 of the Elections Code is amended to read:
13303.
(a) For each election, each appropriate elections official shall cause to be printed, on plain white paper or tinted paper, without watermark, at least as many copies of the form of ballot provided for use in each voting precinct as there are voters in the precinct. These copies shall be designated “county voter information guide” upon their face and shall include a substantial facsimile of the official ballots used in the election, except as otherwise provided by law. A county voter information guide shall be mailed, postage prepaid, no later than not more than 40 nor less than 21 days before the election to each voter who is registered at least 29 days before the election.(b) The elections official shall send notice of the polling place, which includes vote centers, to each voter with the county voter information guide. Only official matter shall be sent out with the county voter information guide as provided by law.
(c) The elections official shall send notice of the polling place, which includes vote centers, to each voter who registered after the 29th day before the election and is eligible to participate in the election. The notice shall also include information as to where the voter can obtain a county voter information guide and a state voter information guide before the election, a statement indicating that those documents will be available at the polling place at the time of the election, and the address of the Secretary of State’s internet website Internet Web site and, if applicable, of the county internet website Internet Web site where a county voter information guide may be viewed.
SEC. 43.
Section 13315 of the Elections Code is amended to read:
13315.
(a) The officer charged with the duty of providing county voter information guides for an election at which vote by mail voter ballots may be cast shall cause to be printed on the envelope containing the county voter information guide in heavy-faced gothic type, not smaller than 12-point, the following:Notice: Vote By Mail Ballot Application Enclosed.
(b) This section does not apply to the envelopes mailed to vote by mail voters.
SEC. 44.
Section 14102 of the Elections Code is amended to read:
14102.
(a) (1) For each statewide election, the elections official shall provide a sufficient number of official ballots in each precinct to reasonably meet the needs of the voters in that precinct on election day using the precinct’s voter turnout history as the criterion, but in no case shall this number be less than 75 percent of registered voters in the precinct, and for vote by mail and emergency purposes shall provide the additional number of ballots that may be necessary.(2) The number of party ballots to be furnished to any precinct for a primary election shall be computed from the number of voters registered in that precinct as intending to affiliate with a party, and the number of nonpartisan ballots to be furnished to any precinct shall be computed from the number of voters registered in that precinct without statement of intention to affiliate with any of the parties participating in the primary election.
(b) For all other elections, the elections official shall provide a sufficient number of official ballots in each precinct to reasonably meet the needs of the voters in that precinct on election day, using the precinct’s voter turnout history as the criterion, but in no case shall this number be less than 75 percent of the number of registered voters in the precinct, and for vote by mail and emergency purposes shall provide the additional number of ballots that may be necessary.
(c) Notwithstanding subdivisions (a) and (b), in elections conducted using voter centers, the elections official shall provide sufficient materials for voting.
SEC. 45.
Section 14103 of the Elections Code is amended to read:
14103.
(a) Before the opening of the polls at any election, the elections official shall cause to be delivered to the precinct board in each precinct in which the election is to be held, the proper number of ballots of the kinds to be used in that precinct. The ballots shall be delivered in sealed packages with marks on the outside clearly designating the precinct or polling place for which they are intended, and the number of ballots enclosed.(b) Notwithstanding subdivision (a), in elections conducted using vote centers, ballots or ballot stock shall be delivered in sealed packages indicating the number of ballots or the amount of ballot stock enclosed.
SEC. 46.
Section 14105 of the Elections Code is amended to read:
14105.
The elections official shall furnish to each polling place all of the following:(a) At least one accessible copy of the voter list.
(b) Necessary printed blanks for the roster, tally sheets, voter list, declarations, and returns.
(c) Not fewer less than 6 six nor more than 12 instruction cards to each polling place for the guidance of voters in obtaining and marking their ballots. On each card shall be printed necessary instructions and the provisions of Sections 14225, 14279, 14280, 14287, 14291, 14295, 15271, 15272, 15273, 15276, 15277, 15278, 18370, 18380, 18403, 18563, and 18569.
(d) A digest of the election laws with any further instructions the county elections official may desire to make.
(e) An American flag of sufficient size to adequately assist the voter in identifying the polling place. The flag is to be erected at or near the polling place.
(f) A ballot container, properly marked on the outside indicating its contents. If it is necessary to supply additional ballot containers, these additional containers shall also be marked on the outside indicating their contents.
(g) At least one copy of the certified write-in list, if applicable.
(h) A sufficient number of cards to each polling place containing the telephone number of the office to which a voter may call to obtain information about the voter’s his or her polling place. The card shall state that the voter may call collect during polling hours.
(i) An identifying badge or insignia for each member of the precinct board. The member shall print the member’s name on the badge or insignia, his or her name 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.
(j) Facsimile copies of the ballot containing ballot measures and ballot instructions printed in Spanish or other languages as provided in Section 14201.
(k) Sufficient copies of the notices to be posted on the voter list used at the polls. The notice shall read as follows: “This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14297. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.”
(l) A roster for each polling place in the form prescribed in Section 14107.
(m) Printed copies of the Voter Bill of Rights, as supplied by the Secretary of State. The Voter Bill of Rights shall be conspicuously posted both inside and outside every polling place.
(n) For a partisan primary election, printed copies of the posters or other materials described in Section 14105.2. The posters or other materials shall be conspicuously posted both inside and outside every polling place.
(o) Handheld magnifying glasses, displayed and available at the table or desk used by the precinct board.
(p) A signature guide card, to assist persons while signing their names on the roster, displayed and available at the table or desk used by the precinct board.
SEC. 46.5.
Section 14105 of the Elections Code is amended to read:
14105.
The elections official shall furnish to each polling place all of the following:(a) At least one accessible copy of the voter list.
(b) Necessary printed blanks for the roster, tally sheets, voter list, declarations, and returns.
(c) Not fewer than 6 six nor more than 12 instruction cards to each polling place for the guidance of voters in obtaining and marking their ballots. On each card shall be printed necessary instructions and the provisions of Sections 14225, 14279, 14280, 14287, 14291, 14295, 15271, 15272, 15273, 15276, 15277, 15278, 18370, 18380, 18403, 18563, and 18569.
(d) A digest of the election laws with any further instructions the county elections official may desire to make.
(e) An American flag of sufficient size to adequately assist the voter in identifying the polling place. The flag is to be erected at or near the polling place.
(f) A ballot container, properly marked on the outside indicating its contents. If it is necessary to supply additional ballot containers, these additional containers shall also be marked on the outside indicating their contents.
(g) At least one copy of the certified write-in list, if applicable.
(h) A sufficient number of cards to each polling place containing the telephone number of the office to which a voter may call to obtain information about the voter’s his or her polling place. The card shall state that the voter may call collect during polling hours.
(i) An identifying badge or insignia for each member of the precinct board. The member shall print the member’s his or her name on the badge or insignia, and shall wear the badge or insignia at all times in the performance of duties, so as to be readily identified as a member of the precinct board by all persons entering the polling place.
(j) Facsimile copies of the ballot containing ballot measures and ballot instructions printed in Spanish or other languages as provided in Section 14201.
(k) Sufficient copies of the notices to be posted on the voter list used at the polls. The notice shall read as follows: “This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14297. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.”
(l) A roster for each polling place in the form prescribed in Section 14107.
(m) Printed copies of the Voter Bill of Rights, as supplied by the Secretary of State. The Voter Bill of Rights shall be conspicuously posted both inside and outside every polling place.
(n) For a partisan primary election, printed copies of the posters or other materials described in Section 14105.2. The posters or other materials shall be conspicuously posted both inside and outside every polling place.
(o) Handheld magnifying glasses, displayed and available at the table or desk used by the precinct board.
(p) A signature guide card, to assist persons while signing their names on the roster, displayed and available at the table or desk used by the precinct board.
SEC. 47.
Section 14105.1 of the Elections Code is amended to read:
14105.1.
In addition to the materials identified in Section 14105, the elections official shall furnish to the polling place printed copies of the notices specified in Section 9083.5, as supplied by the Secretary of State. The notices shall be conspicuously posted both inside and outside every polling place. SEC. 48.
Section 14105.3 of the Elections Code is amended to read:
14105.3.
(a) The federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) requires voting information to be publicly posted at each polling place for each election for federal office. Voting information is defined as including general information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.(b) The Secretary of State shall print posters and other appropriate materials setting forth the voter rights listed in Section 2300. The posters shall be printed in as many languages as the Secretary of State determines are necessary, but, at a minimum, in sufficient languages to comply with Section 14201 and with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). The Secretary of State shall distribute the posters and materials to all county elections officials sufficiently in advance of statewide elections.
SEC. 49.
Section 14107 of the Elections Code is amended to read:
14107.
(a) The roster to be kept by each precinct board shall contain all of the following:(1) Space for the voter’s signature.
(2) The residence address of the voter.
(3) At the heading of each page or signature area, the following words: “WARNING: It is a crime punishable by imprisonment in the state prison or in county jail for anyone to fraudulently vote, fraudulently attempt to vote, vote more than once, attempt to vote more than one, impersonate a voter, or attempt to impersonate a voter (Sec. 18560, Elections Code).”
(4) Immediately below the final signature on the roster, the following statements:
(A) We hereby certify that all voters whose signatures appear hereinbefore in this roster voted this day excepting the following who, after signing the roster, failed to vote or were challenged and denied the right to vote.
No.
_____
Name |
| No.
_____
Name |
|
|
|
(B) We further certify that the number of voters who voted in this precinct at this election is ____, and that the above list of voters, less those who did not vote as enumerated, constitutes the roster of this precinct for this election.
We further certify that the total number of official ballots received, voted, rejected, spoiled and canceled, found in the ballot container and the number accounted for is as indicated on the ballot statement.
We further certify that the assisted voters list and challenge list show a complete list of all voters assisted or challenged.
_____
Clerk
_____
Clerk
_____
Clerk |
|
_____
Inspector |
All members of the precinct board shall sign this certificate.
(b) When votes are counted at the precinct, all members of the board shall also sign the certificate of performance prescribed in Section 15280.
SEC. 49.5.
Section 14108 of the Elections Code is repealed.
SEC. 50.
Section 14113 of the Elections Code is amended to read:
14113.
The containers of the ballots furnished to the polling places shall provide adequate protection for the ballots during storage and upon removing the ballots. SEC. 51.
Section 14200 of the Elections Code is amended to read:
14200.
A member of each precinct board shall cause the following voting information to be publicly posted at each polling place:(a) A sample version of the ballot that will be used for the election.
(b) Information regarding the date of the election and the hours during which polling places will be open.
(c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot.
(d) Instructions for mail-in registrants and first-time voters under Section 303(b) of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.
(f) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation as they pertain to elections.
(g) Information regarding the languages other than English in which members of the precinct board can assist voters. The information shall be provided in all of the languages other than English spoken by the members.
SEC. 51.5.
Section 14200 of the Elections Code is amended to read:
14200.
A member of each precinct board shall cause the following voting information to be publicly posted at each polling place:(a) A sample version of the ballot that will be used for the election.
(b) Information regarding the date of the election and the hours during which polling places will be open.
(c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot.
(d) Instructions for mail-in registrants and first-time voters under Section 303(b) of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated.
(f) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation as they pertain to elections.
(g) Information regarding the languages other than English in which members of the precinct board can assist voters. The information shall be provided in all of the languages other than English spoken by the members.
SEC. 52.
Section 14202 of the Elections Code is amended to read:
14202.
(a) Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, at least one printed copy of the voter list for that polling place. The copies of the voter list shall be by street address in numerical order.(b) Notwithstanding subdivision (a), in elections conducted using vote centers, at each polling place the elections official or the precinct board shall provide access to the voter list.
SEC. 53.
Section 14212 of the Elections Code is amended to read:
14212.
The polls shall be open at 7 a.m. of the day of any election, and shall be kept open until 8 p.m. of the same day, when the polls shall be closed, except as provided in Sections 4005 4005, 4007, and 14401. SEC. 54.
Section 14216 of the Elections Code is amended to read:
14216.
(a) Any person desiring to vote shall state or provide his or her name and address and, upon the precinct officers finding the name in the roster, the voter shall then sign his or her name in the space provided or, if the voter is unable to sign, shall have his or her name signed by another person on the roster provided for that purpose, whereupon a challenge may be interposed as provided in this article.(b) The signature shall be capable of being retained for the prescribed retention period for the election being conducted.
(c) This section does not prohibit the use of technology to capture the signature prescribed by subdivision (a).
SEC. 55.
Section 14217 of the Elections Code is amended to read:
14217.
If the precinct board is unable to find a voter’s name upon the roster, it shall inform the voter that he or she may cast a provisional ballot and the procedure for doing so. If the voter elects to cast a provisional ballot, the precinct board shall furnish the voter with a provisional ballot, in accordance with Section 14310. SEC. 56.
Section 14240 of the Elections Code is amended to read:
14240.
(a) A person offering to vote may be orally challenged within the polling place only by a member of the precinct board upon any or all of the following grounds:(1) That the voter is not the person whose name appears on the roster.
(2) That the voter is not a resident of the precinct, or in an election conducted using a voter center, not a resident of the county.
(3) That the voter is not a citizen of the United States.
(4) That the voter has voted in that election.
(5) That the voter is presently on parole for the conviction of a felony.
(b) A person, other than a member of a precinct board or other official responsible for the conduct of the election, shall not challenge or question any voter concerning the voter’s qualifications to vote.
(c) If any member of a precinct board receives, by mail or otherwise, any document or list concerning the residence or other voting qualifications of any person or persons, with the express or implied suggestion, request, or demand that the person or persons be challenged, the board member shall first determine whether the document or list contains or is accompanied by evidence constituting probable cause to justify or substantiate a challenge. In any case, before making any use whatever of such a list or document, the member of the precinct board shall immediately contact the elections official, charged with the duty of conducting the election, and describe the contents of the document or list and the evidence, if any, received bearing on voting qualifications. The elections official shall advise the members of the precinct board as to the sufficiency of probable cause for instituting and substantiating the challenge and as to the law as herein provided, relating to hearings and procedures for challenges by members of the precinct board and determination thereof by a precinct board. The elections official may, if necessary, designate a deputy to receive and answer inquiries from precinct board members as herein provided.
SEC. 57.
Section 14243 of the Elections Code is amended to read:
14243.
If the challenge is on the ground that the person seeking to vote is not the person whose name appears on the roster, a member of the precinct board shall tender the following oath: “You do swear (or affirm) that you are the person whose name is entered on the roster.” SEC. 58.
Section 14244 of the Elections Code is amended to read:
14244.
If the challenge is on the ground that the person seeking to vote is not a resident of the precinct, or in an election conducted using a voter center, not a resident of the county, the person challenged shall be sworn to answer questions, and after having been sworn, a member of the precinct board shall ask that person: “Are you a resident of this precinct?” or in an election conducted using a voter center, “Are you a resident of the county?”; If the answer to the question is “Yes,” without significant qualification, no other questions shall be asked. SEC. 59.
Section 14246 of the Elections Code is amended to read:
14246.
If the challenge is on the ground either that the person challenged is not the person whose name appears on the roster, or that he or she has voted that day, the challenge shall be determined in favor of the person challenged if that person takes the oath as set forth either in Section 14243 or 14245. SEC. 60.
Section 14294 of the Elections Code is amended to read:
14294.
(a) At all elections, a member of the precinct board shall mark, in the space provided on the voter list posted at or near the polling place, the name of each person who has voted, by drawing a line through the name of the voter, with a pen or indelible pencil. The board member shall mark off the names at least once each hour, to and including 6 p.m. In all counties not using the voter list, the board member shall draw a line under the last name signed in the roster at 6 p.m. or at the time of discontinuation of this procedure, whichever occurs last.(b) If an electronic poll book is used at the polling place, the elections official may use a printout or an electronic means of notification of the list of each person who has voted. The elections official shall provide the printout or electronic notification at least once each hour, to and including 6 p.m., or at the time of discontinuation of this procedure, whichever occurs last.
SEC. 61.
Section 14297 of the Elections Code is amended to read:
14297.
(a) No later than the time at which the voter delivers the voted ballot, a precinct board member in charge of the voter list shall write in the space opposite the name of the voter the line number designating the position of the name on the roster. In those counties using a combined roster, the voter’s name shall be crossed off of the voter list in lieu of numbering.(b) In an election conducted using vote centers, or if an electronic poll book is used, only the electronic roster shall be updated.
SEC. 62.
Section 14298 of the Elections Code is amended to read:
14298.
(a) The precinct board shall maintain at least one printed copy of the voter list posted during the whole time of voting. The copies of the voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294.(b) A member of the precinct board shall post a notice on each voter list that reads as follows: “This voter list shall not be marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who removes, tears, marks, or otherwise defaces this voter list with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.”
(c) If an electronic poll book is used, a notice shall be posted near the electronic poll book that reads as follows: “This electronic roster shall not be operated marked in any manner except by a member of the precinct board acting pursuant to Section 14294. Any person who tampers with, manipulates, removes, tears, marks, or otherwise operates or interacts with this device defaces this index with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.”
SEC. 63.
Section 14300 of the Elections Code is amended to read:
14300.
(a) In the case of an election for a state or federal office, each polling place using a direct recording electronic voting system, as defined by Section 19271, the elections official shall provide paper ballots equivalent to the following percentages:(1) For a statewide general election, no less than 10 percent of the registered voters in the polling place.
(2) For a statewide direct primary election, for each partisan ballot form for which at least 10 percent of the registered voters in the polling place are eligible to request, no less than 5 percent of the registered voters in the precinct eligible to request that ballot form at the polling place. For nonpartisan voters, the total number of paper ballots among all ballot forms that they are eligible to request shall be no less than 5 percent of registered nonpartisan voters at the polling place.
(3) For any other state or federal election contest, no less than 5 percent of registered voters at the polling place.
(4) For purposes of this section, the number of registered voters shall be based on the registration on the 88th day prior to the day of the election.
(b) The elections official shall establish procedures for the use of the paper ballots described in this section in the event the direct recording electronic voting system becomes nonfunctional.
(c) Upon request, the precinct board shall provide a paper ballot to a voter, regardless of the availability of the direct recording electronic voting system, as long as supplies remain available.
(d) The paper ballots described in this section may consist of provisional ballots.
(e) Any vote cast on a provisional ballot subject to this section by an otherwise qualified voter shall be counted as a regular ballot and shall not be subject to the requirements of Section 14310.
(f) In elections conducted using voter centers, the elections official shall provide a sufficient amount of ballot stock to be used for printing ballots in each vote center.
SEC. 64.
Section 14310 of the Elections Code is amended to read:
14310.
(a) At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon examination of the roster for the precinct or upon examination of the records on file with the county elections official, shall be entitled to vote a provisional ballot as follows:(1) An elections official shall advise the voter of the voter’s right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written instructions regarding the process and procedures for casting the ballot, and a written affirmation regarding the voter’s registration and eligibility to vote. The written instructions shall include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an elections official, the written affirmation stating that the voter is eligible to vote and registered in the county where the voter desires to vote.
(b) Once voted, the voter’s ballot shall be sealed in a provisional ballot envelope, and the ballot in its envelope shall be deposited in the ballot box. All provisional ballots voted shall remain sealed in their envelopes for return to the elections official in accordance with the elections official’s instructions. The provisional ballot envelopes specified in this subdivision shall be of a color different than the color of, but printed substantially similar to, the envelopes used for vote by mail ballots, and shall be completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall examine the records with respect to all provisional ballots cast. Using the procedures that apply to the comparison of signatures on vote by mail ballots pursuant to Section 3019, the elections official shall compare the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration or other signature in the voter’s registration record. If the signatures do not compare or the provisional ballot envelope is not signed, the ballot shall be rejected. A variation of the signature caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot.
(2) (A) Provisional ballots shall not be included in any semiofficial or official canvass, except under one or more of the following conditions:
(i) The elections official establishes prior to the completion of the official canvass, from the records in his or her office, the claimant’s right to vote.
(ii) The provisional ballot has been cast and included in the canvass pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.
(iii) Upon the order of a superior court in the county of the voter’s residence.
(B) A voter may seek the court order specified in this paragraph regarding his or her own ballot at any time prior to completion of the official canvass. Any judicial action or appeal shall have priority over all other civil matters. A fee shall not be charged to the claimant by the clerk of the court for services rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to vote shall not be rejected because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official.
(A) If the ballot cast by the voter contains the same candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count only the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system that any voter who casts a provisional ballot may access to discover whether the voter’s provisional ballot was counted and, if not, the reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for the purpose of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described by Section 3015 who is unable to surrender his or her unvoted vote by mail voter’s ballot.
(g) Any existing supply of envelopes marked “special challenged ballot” may be used until the supply is exhausted.
SEC. 65.
Section 14403 of the Elections Code is amended to read:
14403.
(a) Immediately upon the closing of the polls and before any voted ballot is taken from any of the ballot containers, the precinct board member shall, in the presence of all persons in the room who may desire to observe them, proceed to render the unused ballots unusable in one of the following ways:(1) By drawing across its face, in ink or indelible pencil, two lines that cross each other, the cross to be more than three inches square. The precinct board member shall thereupon, immediately and before any ballots are taken from any ballot container, place all defaced ballots within an envelope or other receptacle provided for that purpose.
(2) By tearing or cutting in a manner so that it is apparent that the ballot has been intentionally destroyed to prevent its use. If this method of destruction is used, it shall be done in a manner so that the serial number of the ballots is retained for the purposes of reconciliation.
(3) By placing all of the unused ballots into a special container provided for that purpose. A tamperproof seal containing spaces for entering the total number of unused ballots enclosed, the beginning and ending serial numbers thereof, and signature lines for all members of the precinct board following a statement certifying that all of the ballots were placed in the container in their presence and the information on the seal is true and correct, shall be provided. After signing the seal, it shall be placed on the container in a manner so that the container cannot be opened without tearing the seal.
(b) This section does not apply to elections conducted using vote centers.
SEC. 66.
Section 14404 of the Elections Code is amended to read:
14404.
(a) Immediately upon the arrival of the hour when the polls are required by law to be closed on election day, the elections official conducting the election shall openly, in the elections official’s main office, in the presence of any persons who are present to observe, according to the procedure set forth in Section 14403, proceed to render every unused ballot remaining in the control of the elections official unusable. The elections official shall forthwith make and file an affidavit, in writing, as to the number of ballots destroyed. If the procedure in subdivision (c) of Section 14403 is used, the tamperproof seal shall be signed by the elections official and at least one deputy or assistant elections official or registrar. The sealed container shall then be placed, with the sealed containers containing unused ballots from the precincts, in a security area by the elections official until disposition is made pursuant to Section 17301 or 17302.Alternatively, the elections official may, immediately upon the arrival of the hour when the polls are closed, recycle for any other lawful purpose any unused ballots remaining in the control of the elections official that clearly identify the election for which they were prepared. No later than 30 days following the last day to certify the official results of the election, the elections official shall make and file an affidavit, in writing, as to the number of ballots recycled. At the elections official’s discretion, the unused ballots may be recycled up to six months following an election or at the conclusion of an election contest proceeding, whichever is later.
(b) This section does not apply to elections conducted using vote centers.
SEC. 67.
Section 14405 of the Elections Code is amended to read:
14405.
(a) The members of the precinct board shall account for the ballots delivered to them by returning a sufficient number of unused ballots to make up, when added to the number of official ballots cast and the number of spoiled and canceled ballots returned, the number of ballots given to them. The accounting of ballots may either:(1) Take place at the polling place.
(2) Be performed by the county elections official at the central counting place.
(b) The precinct board shall complete the roster as required in Section 14107, and shall also complete and sign the certificate of performance prescribed in Section 15280, if that section applies.
(c) This section does not apply to elections conducted using vote centers.
SEC. 68.
Article 2.5 (commencing with Section 14228) is added to Chapter 4 of Division 14 of the Elections Code, to read:
Article
2.5. Elections Using Vote Centers
14228.
(a) Notwithstanding Section 14420, in elections conducted using vote centers, at the end of each voting day, the precinct board shall remove the voted ballots from the ballot container and deliver them to the central receiving center pursuant to Section 14422.(b) The precinct board shall certify to the election official the number of ballots cast at the vote center on the roster, as well as the number of ballots voted. If there is any discrepancy between the numbers, the discrepancy shall be noted with an explanation of the difference and signed by all members of the precinct board.
(c) The precinct board shall record on forms the information needed for the reconciliation of the ballots required by Section 14405.
(d) For vote centers using tabulating equipment, the precinct board shall record the number of ballots cast on each voting device and securely seal the device to prevent additional ballots from being cast until the next day of voting. The precinct board shall record all seals used for this procedure on a log for each vote center.
SEC. 69.
Section 14430 of the Elections Code is amended to read:
14430.
The precinct board, as soon after the polls are closed as possible, shall prepare the supplies, including the copies of the voter list or roster posted at or near the polling place, and records of the election for delivery to the elections official. SEC. 70.
Section 14432 of the Elections Code is amended to read:
14432.
The precinct board shall enclose and seal in one or two packages, as determined by the elections official, all of the following:(a) Two tally sheets, if ballots are to be tabulated manually at the precinct.
(b) The roster. If an electronic poll book is used, either or both the electronic poll book and the electronic media containing the roster shall be secured and returned to the elections official.
(c) The copy of the voter list. If an electronic voter list is used, either or both the electronic voter list and the electronic media containing the voter list shall be secured and returned to the elections official.
(d) The challenge list.
(e) The assisted voter’s list.
SEC. 71.
Section 15111 of the Elections Code is amended to read:
15111.
The elections official shall keep an accurate list of all voters who have received and voted a vote by mail ballot at each election and compare this list with the roster as provided in Section 15278. That list shall include the election precinct of the voter. SEC. 72.
Section 15201 of the Elections Code is amended to read:
15201.
(a) As soon as the polls are closed, the precinct board shall, in the presence of the public do all of the following:(1) Seal the container used to transport voted ballots and insure that the precinct number, or in an election conducted using a voter center, the vote center number, is designated on the ballot container.
(2) Certify, sign, and seal the several packages or envelopes as directed by the elections official.
(3) By not less than two of their number, deliver the ballot container and packages to the elections official at the central counting place in the manner prescribed by the elections official. The ballot container and packages shall remain in their exclusive possession until delivered to the elections official.
(b) This section also applies to ballots counted manually pursuant to Article 6 (commencing with Section 15290).
SEC. 73.
Section 15250 of the Elections Code is amended to read:
15250.
This article applies to all elections in which votes are counted by means of a voting machine at a polling place or vote center. SEC. 74.
Section 15250.5 of the Elections Code is amended to read:
15250.5.
(a) As soon as the polls are closed on election day, the precinct board, in the presence of the watchers and all others lawfully present, shall immediately lock the voting machine against voting and do all of the following:(1) Count the votes cast on voting machines and report the results pursuant to subdivisions (b) and (c).
(2) Complete, sign, and return to the elections official all furnished forms requiring its signatures.
(b) When votes are counted on one or more voting machines at the precinct, all members of the precinct board, upon the completion of their duties, shall sign a certificate of performance, which shall be substantially in the following form:
Certificate of Performance
This certificate of performance is for polling place or vote center ____, for the ____ election, held on the ____ day of ____, (year).
We hereby certify ONE of the following: (Please check only the one that applies.)
(A) RESULTS OF VOTES CAST FROM ALL VOTING MACHINES ARE POSTED.
(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure.
(2) The results of votes cast form provided to the county elections official shows the same numbers.
(B) RESULTS OF VOTES CAST ARE NOT POSTED FOR VOTING MACHINES THAT RECORDED FEWER THAN 10 BALLOTS. RESULTS OF VOTES CAST ON ALL OTHER VOTING MACHINES ARE POSTED.
(1) The results of the votes cast form posted outside the polling place includes the total number of votes cast on each voting machine for each candidate for each office, and the total number of votes cast on each voting machine for and against each ballot measure, except as provided in paragraph (2).
(2) For each voting machine recording fewer than 10 ballots, only the number of ballots cast on that machine is posted.
(3) The results of votes cast form provided to the county elections official shows the same numbers.
(C) RESULTS OF VOTES CAST ARE NOT POSTED FOR ANY VOTING MACHINES BECAUSE FEWER THAN 10 BALLOTS WERE CAST IN THE PRECINCT.
In this case, only the number of ballots cast on each voting machine is posted and included on the results of votes cast form provided to the county elections official.
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Inspector
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Assistant Inspector
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Judge
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Judge | |
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Clerk
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Clerk
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Clerk
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Clerk |
(D) RESULTS ARE A SUMMARY OF ALL PRECINCTS VOTING AT THE POLLING PLACE OR VOTER CENTER.
In this case, only the summary of votes for all precincts combined is reported. An additional report showing just the number of people who voted in each precinct may also be provided, but it will not show by precinct the votes cast for each candidate in each office.
(c) (1) The precinct board shall sign and post conspicuously on the outside of the polling place a copy of the results of votes cast form. The copy shall remain posted for at least 48 hours after the official time fixed for the closing of the polls.
(2) To protect a person’s right to cast a secret ballot under Section 7 of Article II of the California Constitution, in cases where fewer than 10 voters cast ballots on any single voting machine on which the results are tallied at the precinct, the precinct board shall post only the total number of people who voted on that voting machine, and shall not post the total number of votes cast on each voting machine for each candidate for each office or the total number of votes cast on each voting machine for and against each ballot measure.
SEC. 75.
Section 15251 of the Elections Code is amended to read:
15251.
Upon receipt of the result of votes cast from the precinct boards, the elections official shall do either of the following:(a) Compile and make available to the public the received results as to the offices and measures.
(b) Compare the received results to the results provided to the public from the central tabulation or tally system pursuant to Chapter 4 (commencing with Section 15300) of Division 15.
SEC. 76.
Section 15278 of the Elections Code is amended to read:
15278.
On completion of the canvass of the returns for each election, the elections official shall compare the vote by mail voters’ list with the roster for each precinct to determine if any voter cast more than one ballot at that election. SEC. 77.
Section 15320 of the Elections Code is amended to read:
15320.
Vote by mail ballots and mail ballot precinct ballots returned to the elections office and to the polls on or before election day that are not included in the semifinal official canvass phase of the election, including any ballots returned to another jurisdiction in the state and forwarded to the elections official who issued the ballot pursuant to Section 3017, shall be processed and counted during the official canvass in the manner prescribed by Chapter 2 (commencing with Section 15100) of Division 15, and pursuant to the requirements of Section 3019. SEC. 78.
Section 17001 of the Elections Code is amended to read:
17001.
The elections official shall keep a copy of the roster described in Section 2183 on file as a public record for election, political research, and governmental purposes for a period of five years. SEC. 79.
Section 17300 of the Elections Code is amended to read:
17300.
(a) (1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.
(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
SEC. 80.
Section 17303 of the Elections Code is amended to read:
17303.
(a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:
(1) Two tally sheets.
(2) The challenge lists. copy of the roster used as the voting record. If an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of creating a paper copy.
(3) The challenge lists.
(3) (4) The assisted voters’ list.
(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.
(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
SEC. 81.
Section 17304 of the Elections Code is amended to read:
17304.
(a) The following provisions apply to all state or local elections not provided for in subdivision (a) of Section 17303. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.(b) The elections official shall preserve the package or packages containing the following items for a period of six months:
(1) Two tally sheets.
(2) The copy of the roster used as the voting record. If an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of creating a paper copy.
(3) The challenge lists.
(4) The assisted voters’ list.
(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes, except that items that contain signatures of voters may not be copied or distributed.
(d) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
SEC. 82.
Section 17305 of the Elections Code is amended to read:
17305.
(a) The following provisions apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.(b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17301 ballot cards shall be kept by the elections official for 22 months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined.
(c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17301 voted ballot cards shall be determined by the elections official.
(d) Sealed ballot containers shall not may be opened unless if the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled.
SEC. 83.
Section 17306 of the Elections Code is amended to read:
17306.
(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17305. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.(b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17302 ballot cards shall be kept by the elections official for six months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined.
(c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17302 voted ballot cards shall be determined by the elections official.
(d) Sealed ballot containers shall not may be opened unless if the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled.
SEC. 84.
Section 18380 of the Elections Code is amended to read:
18380.
(a) A person, during any election, shall not do any of the following:(1) Remove or destroy any of the supplies or other conveniences placed in the voting booths or compartments for the purpose of enabling the voter to prepare his or her ballot.
(2) Remove, tear down, or deface the cards printed for the instruction of voters.
(3) Remove, tear, mark, destroy, or otherwise deface any voter list or roster with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted.
(4) Remove, tear down, or deface the signs identifying the location of a polling place or identifying areas within 100 feet of a polling place.
(b) Any person who violates any of the provisions of this section is guilty of a misdemeanor.
SEC. 85.
(a) Section 25.5 of this bill incorporates amendments to Section 3108 of the Elections Code proposed by both this bill and Assembly Bill 1403. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 3108 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1403, in which case Section 25 of this bill shall not become operative.(b) Section 46.5 of this bill incorporates amendments to Section 14105 of the Elections Code proposed by both this bill and Assembly Bill 837. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 14105 of the Elections Code, and (3) this bill is enacted after Assembly Bill 837, in which case Section 46 of this bill shall not become operative.
(c) Section 51.5 of this bill incorporates amendments to Section 14200 of the Elections Code proposed by both this bill and Assembly Bill 918. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 14200 of the Elections Code, and (3) this bill is enacted after Assembly Bill 918, in which case Section 51 of this bill shall not become operative.
SEC. 86.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.