Title ELEC — California Elec. Code

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 provi…

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 change and also the appropriate name as it is at the time the person votes, indicating on the roster on the same line by brac…

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 measures and instructions printed in Spanish or in other languages, as required by Section 14201, unless county voter informatio…

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

Only voters engaged in receiving, preparing, or depositing their ballots and persons authorized by the precinct board to keep order and enforce the law may be permitted to be within the voting booth area before the closing of the polls. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Nothing contained in this code shall prevent a voter from being accompanied by a child or children under the age of 18 years while the voter is within the voting booth area if the child is, or children are, under the voter’s care.

(a) Only members of the precinct board, and persons while signing their names on the roster, shall be permitted, during the hours within which voting is in progress, to sit at the desk or table used by the precinct board. (b) Any person may inspect the roster while voting is in p…

(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 under the assisted-voter provisions. (b) (1) Except as provided in paragraph (2), a voter shall not remain in or occupy a v…

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 by a member of the precinct board and handed to the voter. This section does not apply to a vote by mail ballot.

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 be lawfully permitted to communicate in English under the code. The member shall be subject to like penalty for any ille…

(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 voter enters the voting booth, as applicable, a member of the precinct board shall provide a uniform notification to the …

(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 prec…

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 by any member of the precinct board unless other evidence or testimony is also presented, nor shall the mailed matter, sta…

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 precinct in California and moving from that precinct within 14 days prior to an election.

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.”

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 …

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 person challenged this oath: “You do swear (or affirm) that you have not previously voted in this election, either by vote …

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 S…

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 time of the challenge. The precinct board may, at its discretion, also request any other person, present in the polling pla…

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 prescribed by Section 14249 and Article 2 (commencing with Section 2020) of Chapter 1 of Division 2. (Enacted by Stats. …

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 shall not be allowed to vote. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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) of Chapter 1 of Division 2. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Any doubt in the interpretation of the law shall be resolved in favor of the challenged voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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 identification as a voter, of each person offering information concerning any person’s qualifications to vote, or testify…

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 voting because of insufficient time or for fear of unwarranted intimidation, the board shall discontinue all challenges, an…

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

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

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 used, the voter shall be instructed to use only that device. The voter shall also be instructed how to fold the ballot and pl…

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 precinct board after he or she has finished marking his or her ballot. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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 counted electromechanically may be used for marking ballots to be counted manually. (Enacted by Stats. 1994, Ch. 920, Sec. …

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 be exposed, and the ballot stub will be outside of the envelope or other container, to be removed by the precinct board.…

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 voter, and deposit the ballot in the ballot container. If the ballot is to be transferred from the envelope to the ballot cont…

The precinct board shall give each voter only one ballot, as provided in Section 13102. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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

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 officer or officer authorized by law shall deliver a ballot to any voter. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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

(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 the voter, other than the voter’s employer, an agent of the voter’s employer, or an officer or agent of the union of which…

The 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 elections official and preserved with other election materials and records. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

(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 official. (b) If a ballot cannot be tabulated because of the marking device used, it shall be processed as specified in Secti…

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 candidates of the voter’s choice, up to the number of candidates to be elected.

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 to that measure. The voter, in marking the ballot, shall use the marking device provided.

No voter shall place personal information upon a ballot that identifies the voter. “Personal information” includes all of the following: (a) The signature of the voter. (b) The initials, name, or address of the voter. (c) A voter identification number. (d) A social security numbe…

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 total of three ballots, including his or her original ballot, in this manner. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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 each spoiled ballot in ink or indelible pencil and return the spoiled ballots with the unused ballots. (Enacted by Stats.…

(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 voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law.

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 visible and only the number on the ballot and the top margin are exposed. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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 ballot, hand the slip to the voter, and deposit the ballot in the ballot box in the presence of the voter. (Enacted by St…

(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 s…

No voter shall deliver to any member of the precinct board any ballot other than the one received from the board member. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

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 ballots, who shall immediately cancel it. All canceled ballots shall be returned to the ballot clerk in the same manner as sp…