DIVISION 14. ELECTION DAY PROCEDURES [14000. - 14443.]
Division 14 enacted by Stats. 1994, Ch. 920, Sec. 2.
§§ 14000–14443 · 129 sections
CHAPTER 1. Privileges of Voters §§ 14000–14004 · 5 sections
- § 14000 (a) If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough…
- § 14001 Not less than 10 days before every statewide election, every employer shall keep posted conspicuously at the place of work, if practicable, or elsewhere where…
- § 14002 Sections 14000, 14001, and 14004 shall apply to all public agencies and the employees thereof, as well as to employers and employees in private industry.
- § 14003 Except in time of war or public danger, no voter is obliged to perform militia duty on any election day.
- § 14004 (a) An employer shall not require or request that an employee bring the employee’s vote by mail ballot to work or vote the employee’s vote by mail ballot at…
CHAPTER 1.5. Rights of Voters §§ 14025–14032 · 8 sections
- § 14025 This act shall be known and may be cited as the California Voting Rights Act of 2001.
- § 14026 As used in this chapter: (a) “At-large method of election” means any of the following methods of electing members to the governing body of a political…
- § 14027 An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its…
- § 14028 (a) A violation of Section 14027 is established if it is shown that racially polarized voting occurs in elections for members of the governing body of the…
- § 14029 Upon a finding of a violation of Section 14027 and Section 14028, the court shall implement appropriate remedies, including the imposition of district-based…
- § 14030 In any action to enforce Section 14027 and Section 14028, the court shall allow the prevailing plaintiff party, other than the state or political subdivision…
- § 14031 This chapter is enacted to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution.
- § 14032 Any voter who is a member of a protected class and who resides in a political subdivision where a violation of Sections 14027 and 14028 is alleged may file an…
CHAPTER 1.7. Voter Participation §§ 14050–14057 · 8 sections
- § 14050 This chapter shall be known and may be cited as the California Voter Participation Rights Act.
- § 14051 As used in this chapter: (a) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but…
- § 14052 (a) Except as provided in subdivision (b), a political subdivision shall not hold an election other than on a statewide election date if holding an election on…
- § 14053 Upon a finding of a violation of subdivision (a) of Section 14052, the court shall implement appropriate remedies, including the imposition of concurrent…
- § 14054 In an action to enforce subdivision (a) of Section 14052, the court shall allow the prevailing plaintiff other than the state or political subdivision of the…
- § 14055 A voter who resides in a political subdivision where a violation of subdivision (a) of Section 14052 is alleged may file an action pursuant to that section in…
- § 14056 This chapter does not apply to special elections.
- § 14057 This chapter shall become operative on January 1, 2018.
CHAPTER 2. Precinct Supplies §§ 14100–14113 · 17 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 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:…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
- § 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.
CHAPTER 3. Procedures at Polls §§ 14200–14314 · 70 sections
ARTICLE 1. Election Day Posting Requirements §§ 14200–14203 · 4 sections
- § 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…
- § 14201 (a) In counties and precincts where the Secretary of State has determined that it is appropriate, the county elections official shall provide facsimile copies…
- § 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…
- § 14203 The precinct officer shall post the signs required by Section 14106 in plain view within each voting booth or compartment whenever an election has been…
ARTICLE 2. Election Day Procedures §§ 14210–14227.5 · 18 sections
- § 14210 The members of each precinct board shall distribute the duties devolving upon the precinct board, which are in addition to their individual duties, in a manner…
- § 14211 The polling places shall be arranged so that neither the ballot containers nor the voting booths or compartments shall be hidden from the view of those present.
- § 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…
- § 14213 Before the precinct board receives any ballots, it shall proclaim aloud at the place of election that the polls are open.
- § 14214 Voting shall commence as soon as the polls are opened and shall be continued during the time the polls remain open.
- § 14215 Before receiving any ballots, the precinct board, in the presence of any persons assembled at the polling place, shall open and exhibit and close the ballot…
- § 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…
- § 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…
- § 14218 If the surname of any person offering to vote has been changed since the person has registered, the person shall sign his or her name as it was before the…
- § 14219 The precinct board shall provide, upon request, to a voter for use in the voting booth or compartment, a copy of the facsimile ballot containing ballot…
- § 14220 At any election, a majority of the members of any precinct board shall be present at the polling place at all times while the polling place is open.
- § 14221 Only voters engaged in receiving, preparing, or depositing their ballots and persons authorized by the precinct board to keep order and enforce the law may be…
- § 14222 Nothing contained in this code shall prevent a voter from being accompanied by a child or children under the age of 18 years while the voter is within the…
- § 14223 (a) Only members of the precinct board, and persons while signing their names on the roster, shall be permitted, during the hours within which voting is in…
- § 14224 (a) Except as provided in Section 14222, a voting booth or compartment shall not be occupied by more than one person at a time, unless the voter is eligible…
- § 14225 Members of the precinct board shall not deposit in the ballot container any ballot from which the slip containing the number of the ballot has not been removed…
- § 14227 Any member of the precinct board, when using a language other than English at the polls, shall communicate with voters in that language only as he or she would…
- § 14227.5 (a) At a partisan primary election, before providing a voter who has declined to disclose a political party preference with a nonpartisan ballot or before the…
ARTICLE 3. Challenging a Voter §§ 14240–14253 · 14 sections
- § 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…
- § 14241 A piece of mailed matter returned undelivered by the post office shall not be accepted or used as evidence upon which to initiate a challenge as to residency…
- § 14242 The ground for challenge set forth in paragraph (2) of subdivision (a) of Section 14240 shall not apply to any person duly registered as a voter in any…
- § 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…
- § 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…
- § 14245 If the challenge is on the ground that the person challenged has already cast a ballot for this election, a member of the precinct board shall tender to the…
- § 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,…
- § 14247 Challenges of voters that they are not residents of the precinct or citizens of the United States shall be tried and determined by the precinct board at the…
- § 14248 Before administering an oath to a person regarding his or her place of residence, a member of the precinct board shall read to the person challenged, the rules…
- § 14249 If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the questions concerning the matter of residence, that person…
- § 14250 The precinct board, in determining the place of residence of any person, shall be governed by the rules set forth in Article 2 (commencing with Section 2020)…
- § 14251 Any doubt in the interpretation of the law shall be resolved in favor of the challenged voter.
- § 14252 The precinct board shall compile a list showing all of the following: (a) The name and address of each person challenged. (b) The name, address, and any other…
- § 14253 In the event that the precinct board determines that persistent challenging of voters is resulting in a delay of voting sufficient to cause voters to forego…
ARTICLE 4. Issuing Ballots and Voting §§ 14270–14300 · 29 sections
- § 14270 The procedure at the polls where voting is conducted pursuant to this division shall be the same as at other polling places, except as provided in this article.
- § 14271 After the opening of the polls, the precinct board shall not allow any voter to enter the voting booth until it ascertains that he or she is entitled to vote.
- § 14272 Before each voter enters the voting booth, the precinct board shall inform him or her how to operate the voting device. If a marking or punching device is…
- § 14273 The device for marking the ballot may be handed to the voter with his or her ballot before the voter goes into the voting booth, and shall be returned to the…
- § 14274 In any election where ballots are to be counted both manually and by electromechanical tabulating devices, the marking device used for marking ballots to be…
- § 14275 Before leaving the voting booth or compartment, the voter shall fold or place the ballot card in the envelope so that the ballot markings of the voter will not…
- § 14277 The voter shall hand the folded ballot or the envelope containing the ballot to a precinct board member, who shall remove the ballot stub, hand it to the…
- § 14278 The precinct board shall give each voter only one ballot, as provided in Section 13102.
- § 14279 Unless otherwise provided by law, no person shall apply for or receive any ballot at any precinct other than that in which the voter is entitled to vote.
- § 14280 Unless otherwise provided by law, a voter shall not receive a ballot from any person other than one of the precinct officers. No person other than a precinct…
- § 14281 On receiving a ballot, the voter shall forthwith retire alone to one of the booths or compartments provided, and mark the ballot, unless Section 14222 or 14224…
- § 14282 (a) If a voter is unable to mark a paper ballot or the ballot marking device, the voter shall receive the assistance of not more than two persons selected by…
- § 14283 The precinct officers shall keep a list of the voters who have been assisted in marking their ballots. The list of assisted voters shall be returned to the…
- § 14284 (a) All ballots shall be marked only with the marking device provided by the elections official or, for vote by mail ballots, recommended by the elections…
- § 14285 To vote in a contest where two or more candidates for the same office are to be elected, a voter shall mark the voting targets next to the names of the…
- § 14286 When a measure is submitted to the voters, the voter shall place a mark on the ballot in the appropriate space next to the answer the voter desires to give as…
- § 14287 No voter shall place personal information upon a ballot that identifies the voter. “Personal information” includes all of the following: (a) The signature of…
- § 14288 If a voter spoils or defaces a ballot, the voter shall at once return it to the ballot clerk and receive another ballot. A voter shall not receive more than a…
- § 14290 The precinct board shall immediately cancel, without unfolding them, all the spoiled ballots returned. The board shall write the word “spoiled” on the back of…
- § 14291 (a) After the ballot is marked, a voter shall not show it to any person in a manner that reveals its contents, except as provided in subdivision (b). (b) A…
- § 14292 Before leaving the voting booth or compartment, the voter shall fold the ballot according to the instructions on it, so that the marks on its face are not…
- § 14293 Having folded the ballot, the voter shall deliver it folded to a member of the precinct board, who shall then separate the slip containing the number from the…
- § 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…
- § 14295 No voter shall deliver to any member of the precinct board any ballot other than the one received from the board member.
- § 14296 Any voter who does not vote the ballot he or she has received, shall, before leaving the polling place, return it to the board member having charge of the…
- § 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…
- § 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…
- § 14299 (a) If a precinct board is unable to furnish a ballot to a qualified voter because there is an insufficient number of ballots at the precinct, the elections…
- § 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…
ARTICLE 5. Provisional Voting §§ 14310–14314 · 5 sections
- § 14310 (a) At all elections, a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established upon…
- § 14311 (a) A voter who has moved from one address to another within the same county and who has not reregistered to vote at that new address may, at his or her…
- § 14312 This article shall be liberally construed in favor of the provisional voter.
- § 14313 (a) Upon the declaration of a state of emergency by the Governor and the issuance of an executive order authorizing an emergency worker to cast a ballot…
- § 14314 The Secretary of State shall promulgate regulations establishing guidelines for county elections officials relating to the processing of provisional ballots.
CHAPTER 4. Closing of the Polls §§ 14400–14443 · 21 sections
ARTICLE 1. General Provisions §§ 14400–14405 · 7 sections
- § 14400 At any election, all members of the precinct board shall be present at the closing of the polls.
- § 14401 When the polls are closed, the precinct board shall proclaim that fact aloud at the place of election. After the proclamation no ballot shall be received.…
- § 14402 Any one who arrives at the polling place after the time provided for closing the polls shall not be entitled to vote, even though the polls are open when the…
- § 14402.5 If the time for closing the polls is extended pursuant to a court order, all votes cast during the time that the closing of the polls is extended shall be by…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Elections Using Voting Systems §§ 14420–14422 · 3 sections
- § 14420 (a) Except as provided in subdivision (c), before or as soon as the polls are closed, the precinct board shall remove the voted ballots from the ballot…
- § 14421 Unless the county elections official has directed the precinct board to seal the ballot container and record information pursuant to subdivision (c) of Section…
- § 14422 (a) (1) Notwithstanding any other provision of law, the county elections official may direct a precinct board to seal the ballot container prior to the closing…
ARTICLE 2.5. Elections Using Vote Centers § 14428 · 1 section
- § 14428 (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…
ARTICLE 3. Return of Supplies to the Clerk §§ 14430–14435 · 6 sections
- § 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…
- § 14431 The precinct board shall enclose and seal in one or more packages, as determined by the elections official, all voted, spoiled, canceled, or unused ballots.
- § 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…
- § 14433 If ballots are counted at precincts pursuant to Article 3 (commencing with Section 15340) or Article 5 (commencing with Section 15360) of Chapter 4 of Division…
- § 14434 The sealed packages containing the lists, papers, and ballots shall be delivered by two of its members without delay, unopened, to the elections official or to…
- § 14435 No list, tally, paper, or certificate returned from any election shall be set aside or rejected for want of form, nor because it is not strictly in accordance…
ARTICLE 4. Snap Tallies §§ 14440–14443 · 4 sections
- § 14440 Before any election, the governing body of the jurisdiction holding the election shall decide that certain offices or measures to be voted on are of more than…
- § 14441 The elections official shall prepare and forward to each selected precinct forms containing a list of the offices and measures designated as being of more than…
- § 14442 Upon receipt from the precincts of the reports of votes cast on the specially designated offices and measures, the elections official shall tabulate the…
- § 14443 If ballots are counted by electronic or electromechanical means, the elections official may provide for early tabulation and announcement of the returns in a…