Code Section Group

Elections Code - ELEC

DIVISION 14. ELECTION DAY PROCEDURES [14000 - 14443]

  ( Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 2. Precinct Supplies [14100 - 14113]
  ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

14100.
  

The county elections official, in providing the materials required by this division, shall not be required to utilize the services of the county purchasing agent.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

14101.
  

(a) On or before the first day of January of each even-numbered year, the Secretary of State and the Attorney General shall prepare a brief digest containing the substance of those provisions of this code and of other statutes that pertain to the duties of precinct officers during the casting and the canvassing of the vote. This digest shall contain in each case a reference to the section of this code or other statute, by reference to which further examination of its provisions may be made.

(b) Immediately upon the completion of the digest set forth in subdivision (a), the Secretary of State shall send a copy to each county elections official.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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.

(Amended by Stats. 2017, Ch. 806, Sec. 44. (SB 286) Effective January 1, 2018.)

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.

(Amended by Stats. 2017, Ch. 806, Sec. 45. (SB 286) Effective January 1, 2018.)

14104.
  

The elections official shall prepare a receipt for each polling place, enumerating the packages and stating the date of delivery to the precinct board member. The precinct board member shall sign the receipt upon receipt of the packages. The signed receipt shall be returned to the elections official. Messengers may be employed to insure the safe and expeditious delivery of the ballots. The elections official shall fix a reasonable compensation for the services of these messengers, to be paid in the same manner as other election expenses.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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 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 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 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.

(Amended by Stats. 2017, Ch. 819, Sec. 2.5. (AB 837) Effective January 1, 2018.)

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.

(Amended by Stats. 2017, Ch. 806, Sec. 47. (SB 286) Effective January 1, 2018.)

14105.2.
  

(a) For a partisan primary election, the Secretary of State shall prepare and print posters or other materials that contain all of the following information:

(1) A statement that a voter who has declined to disclose a political party preference may vote in a political party’s partisan primary election if the political party, by party rule duly noticed to the Secretary of State, authorizes a voter who has declined to disclose a political party preference to vote in the next ensuing partisan primary election.

(2) The name of each political party that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election.

(3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in the partisan primary election.

(b) The Secretary of State shall supply the posters or other materials described in subdivision (a) to each elections official who shall furnish the materials to the precinct officers pursuant to Section 14105.

(Added by Stats. 2017, Ch. 819, Sec. 3. (AB 837) Effective January 1, 2018.)

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.

(Amended by Stats. 2017, Ch. 806, Sec. 48. (SB 286) Effective January 1, 2018.)

14105.5.
  

Members of the precinct board shall not display, distribute, or make available at the polling place any materials other than those required pursuant to this division without the express approval of the county elections official.

(Added by Stats. 1994, Ch. 1189, Sec. 8. Effective January 1, 1995.)

14106.
  

In addition to the materials required by Section 14105, the elections official shall provide signs, or materials for making signs, advising voters that an election has been canceled pursuant to Section 8026 due to the death of the candidate-incumbent and that a special election will be held to fill the vacancy.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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.

(Amended by Stats. 2017, Ch. 806, Sec. 49. (SB 286) Effective January 1, 2018.)

14109.
  

Notwithstanding Sections 14105 and 14107, the roster to be kept by each precinct board may be in a form of an index to the affidavits of registration for that precinct, in which case the index shall provide space of sufficient size to allow each voter to sign his or her name pursuant to Section 14216.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

14110.
  

All officers required by law to designate polling places shall furnish the polling places with a sufficient number of places, booths, or compartments, at or in which voters may conveniently mark their ballots, so that they may be screened from the observation of others. Each place, compartment, or booth shall be so adjusted as to conceal from any observation the voter’s marking of the ballot. The number of voting booths or compartments shall be determined by the officer conducting the election.

This section shall become operative on January 1, 1990.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

14111.
  

Translations of the ballot measures and ballot instructions, as required by Section 14201, shall be provided by a person selected by the elections official who is one of the following:

(a) A certified and registered interpreter on the Judicial Council Master List.

(b) An interpreter categorized as “certified” or “professionally qualified” by the Administrative Office of the United States Courts.

(c) From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.

(d) A current voting member in good standing of the American Translators Association.

(e) A current member in good standing of the American Association of Language Specialists.

(Amended by Stats. 2015, Ch. 144, Sec. 2. (SB 366) Effective January 1, 2016.)

14112.
  

All voting equipment shall be transferred to the polling places in charge of an authorized official, who shall certify to their delivery in good order.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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.

(Amended by Stats. 2017, Ch. 806, Sec. 50. (SB 286) Effective January 1, 2018.)

ELECElections Code - ELEC