reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20112 - Audit Types

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The elections official shall use an RLA software tool
				  provided by the Secretary of State to perform one of the following:
(a) A ballot-level comparison audit, with a
				five percent risk limit.
(b) A
				ballot polling audit, with a five percent risk limit.
(c) A batch comparison audit, with a five
				percent risk limit.
(d) A hybrid
				audit, with a five percent risk limit.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. New subsections (c)-(d) and
				  amendment of NOTE filed 12-9-2021; operative 12-9-2021 pursuant to Government
				  Code section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15367,
					 Elections Code. Reference: Section
					 15367,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20113 - Audit Initiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				If the audit commences after all validly cast ballot(s) within the jurisdiction
				have been tabulated, the audit shall be conducted in a single phase as
				described in section
				20121.
(b) If the audit commences before all validly
				cast ballot(s) within the jurisdiction have been tabulated, it shall be
				conducted in two phases as described in section
				20122.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. Amendment of NOTE filed 12-9-2021;
				  operative 12-9-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15367,
					 Elections Code. Reference: Section
					 15367,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20114 - Contests to be Audited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Participating counties shall conduct a risk-limiting audit on
				  one or more contests fully contained within the county's borders. Participating
				  counties may conduct opportunistic reviews of contests not subject to audit,
				  including cross-jurisdictional contests, from the same sample of ballot cards
				  by entering voter selections from those contests into the RLA software tool.
				  The results of opportunistic reviews shall not be considered confirmation to
				  any risk limit of the outcomes of these contests.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. Amendment filed 9-10-2020 as an
				  emergency; operative 9-10-2020. Emergency expiration extended 60 days
				  (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20)
				  (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL
				  by 7-9-2021 or emergency language will be repealed by operation of law on the
				  following day.
4. Amendment refiled 7-26-2021 as an emergency;
				  operative 7-26-2021 (Register 2021, No. 31). A Certificate of Compliance must
				  be transmitted to OAL by 10-25-2021 or emergency language will be repealed by
				  operation of law on the following day.
5. Certificate of Compliance
				  as to 7-26-2021 order, including amendment of section and NOTE, transmitted to
				  OAL 10-25-2021 and filed 12-9-2021; amendments effective 12-9-2021 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15367,
					 Elections Code. Reference: Sections
					 15150 and
					 15367,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20115 - Audit Board Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The elections official shall appoint an audit board(s) to perform the duties
				specified in section
				20123 that meets the following
				criteria:
(1) Audit boards shall consist of
				no fewer than three members. At all times, at least one member shall serve as
				an observer of the audit and may not make determinations of voter choices. At
				least two members, excluding the observer, shall make determinations of voter
				choices for each ballot card examined by the audit board. Audit board members
				may rotate roles.
(2) Audit board
				members may be comprised of election office full-time or temporary staff,
				volunteers or a combination of staff and volunteers. When feasible, audit board
				members involved in adjudicating voter intent during the tabulation shall not
				be involved in ascertaining voter intent during the audit.
(3) Prior to conducting the audit, each
				member of an audit board shall complete and sign a declaration of intent to
				faithfully discharge audit board duties. Each audit board member shall do so in
				the presence of the elections official on a form provided by the elections
				official. The elections official shall countersign the declaration. The
				declaration shall be in 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 an audit board member for the election held on _____, 20 ___.
_____ (Printed Name) _____ _____ (Signature) _____
Signed in the presence of the elections official listed below
				  on _____, 20 ___.
_____ (Printed Name) _____ _____ (Signature) _____
Elections official name
Elections official
						  signature
(4)
				No fewer than two members of the audit board will be in possession of ballot
				cards at any time, including during the ballot card retrieval
				process.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20116 - Public Education on Risk-Limiting Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to conducting an RLA, the elections
				official shall provide public notice that includes descriptions of how the
				process will be conducted, the difference between 1% manual tally and an RLA,
				and the methods for ensuring ballot security. The elections official shall also
				provide information regarding the process for selection of their audit boards
				and procedures used to ascertain voter intent manually.
(b) The Secretary of State shall make the
				same materials described in (a) above available on its website.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. Amendment of NOTE filed 12-9-2021;
				  operative 12-9-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15367,
					 Elections Code. Reference: Section
					 15367,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20118 - Chain of Custody

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				elections official shall maintain and document uninterrupted chain of custody
				for each ballot card and each ballot storage container. Chain of custody logs
				should, at a minimum, include an identifying number of each ballot storage
				container and the number of a tamper-evident seal affixed to each ballot
				storage container. Chain of custody logs shall be available for public
				inspection after the canvass of the election pursuant to Division 15, Chapters
				2 through 4, of the Elections Code is complete.
(b) The elections official shall secure and
				maintain in sealed ballot containers all tabulated ballot cards.
(c) The elections official shall establish
				written procedures to ensure the security, confidentiality, and integrity of
				any ballot cards, cast vote records, or any other data collected, stored, or
				otherwise used pursuant to this section. These procedures shall be published on
				its website at least five days in advance of the audit.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. Amendment of subsections (b) and
				  (c) and NOTE filed 12-9-2021; operative 12-9-2021 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15367,
					 Elections Code. Reference: Section
					 15367,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20119 - Data Publication Prior to Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the elections official submits data
				to the RLA software tool before an audit phase begins they shall also publish
				the same data on their website before continuing with the audit. The elections
				official shall also publish any changes made to such data.
(b) Subject to Elections Code section
				2194(a),
				cast vote record data shall not be posted to the elections official's website,
				but shall be made available to the public at the location where the audit is
				being conducted. The cast vote records made available to the public must
				include all contests selected for audit, and may also include cast vote records
				for any other contest in the election not subject to the audit.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. Amendment of section and NOTE filed
				  12-9-2021; operative 12-9-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 15367,
					 Elections Code. Reference: Sections
					 2194 and
					 15367,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20120 - Random Seed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				random seed shall be generated in order by sequential rolls of one or more fair
				10-sided dice.
(b) The random seed
				shall be generated in a public meeting as follows:
(1) The elections official shall give at
				least five days public notice of this public meeting before generating the
				first random seed and public notice at least one hour before generating a
				second random seed, should a random seed be needed when conducting a two-phase
				audit.
(2) The elections official
				shall randomly select members of the public who attend the meeting to take
				turns rolling a die. At the election official's discretion, the elections
				official may designate one or more staff members to take turns rolling a
				die.
(3) In the event that no
				members of the public attend the meeting, the elections official may designate
				someone or themselves to roll the die.
(4) Members of the public attending the
				public meeting shall be permitted to video record or photograph the random seed
				generation.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20121 - Audit Procedures for Single-Phase Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The elections official conducting an RLA
				after all ballots cast within the jurisdiction have been tabulated and reported
				shall enter the following information into the RLA software tool:
(1) The ballot manifest for all ballot
				card(s);
(2) The results for all
				ballot card(s) tabulated;
(3) For
				ballot-level comparison audits, the cast vote records for all ballot card(s)
				tabulated;
(4) For batch comparison
				audits, vote totals from the voting system for each contest being audited for
				each batch; and
(5) For hybrid
				audits, all vote subtotals or cast vote records that were exported pursuant to
				paragraph (2) of subdivision (j) of Section
				20111.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20122 - Audit Procedures for Two-Phase Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An elections official conducting a two
				phase audit under subdivision (d) of section
				20117 shall do so in accordance
				with this section.
(b) In the first
				phase of the audit, the elections official shall enter the following
				information into the RLA software tool:
(1)
				The initial ballot manifest for all ballot card(s) tabulated as described in
				subdivision (d) of section
				20117;
(2) The results for all ballot card(s)
				tabulated that are included in the initial ballot manifest;
(3) For ballot-level comparison audits, the
				cast vote records for all ballot card(s) tabulated that are included in the
				initial ballot manifest;
(4) For
				batch comparison audits, vote totals from each contest being audited for each
				batch;
(5) For hybrid audits, all
				vote subtotals or cast vote records that were exported pursuant to paragraph
				(2) of subdivision (j) of Section
				20111; and
(6) The maximum number of ballot cards that
				remain to be tabulated.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20123 - Ballot Retrieval and Manual Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The audit board shall locate and
				retrieve, or observe the location of and retrieval by elections official or
				election staff of, each randomly selected ballot card from the appropriate
				storage container. The audit board shall verify that the seals on the
				appropriate storage containers are those recorded on the applicable chain of
				custody log.
(b) The audit board
				shall examine each randomly selected ballot card. If the selected ballot card
				was duplicated prior to tabulation, the audit board shall retrieve the original
				ballot card and report how the original (rather than the duplicate) was
				marked.
(c) The audit board shall
				interpret voter markings on ballot cards selected for audit in accordance with
				Elections Code section
				15154. If
				the audit board members cannot unanimously agree on the voter's intent, they
				shall indicate their disagreement in the final report in section
				20125. They shall then notify the
				elections official of the disagreement, who shall arbitrate the issue. The
				elections official may:
(1) Instruct the
				audit board members to replace the ballot card with another ballot card,
				selected at random, that contains the same contests as the previously selected
				ballot card;
(2) Instruct the audit
				board members to submit to the RLA software tool that no consensus can be
				reached on the voter choices; or
(3) Make a final determination of the voter
				markings and instruct the audit board to submit the voter markings or choices
				in all audited contests to the RLA software tool.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20124 - Public Observation and Verification of Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The elections official shall ensure that
				the audit process is observable and verifiable by the public. The elections
				official shall:
(1) Provide at least five days
				public notice prior to the first phase of the RLA. This notice shall include
				the time and place of the random seed generation described in section
				20120 and the date the ballot cards
				will be retrieved and manually examined.
(2) Describe in writing the process of
				manually examining ballot cards and the selection of the ballot cards to be
				used in the audit.
(3) Provide
				observers with an oral and/or written explanation of the RLA process, a written
				code of conduct for observation, and any documentation they will need for
				informed and effective observation.
(A) The
				code of conduct for observation shall be determined by the elections official.
				The code of conduct for observation shall explain the rights and
				responsibilities of observers.
(B)
				Documentation needed for informed and effective observation shall include but
				not be limited to any data the audit relies upon, including:
(i) The ballot manifest;
(ii) For ballot-level comparison audits, the
				cast vote records;
(iii) For batch
				comparison audits, vote totals from each contest being audited for each batch;
				and
(iv) For hybrid audits, all
				vote subtotals or cast vote records that were exported pursuant to paragraph
				(2) of subdivision (j) of Section
				20111.
(4) Disclose the methods used to select
				samples and to calculate the risk.
(5) Provide the public the opportunity to
				observe ballot cards being retrieved and examined during the audit.
(6) Provide the public the opportunity to
				observe the voters' marks on every audited ballot card during the
				audit.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20125 - Certification of Contest Results and Reporting of Audit Results

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The elections official conducting an RLA
				shall report the results of the audit in the certification of the official
				canvass of the vote specified by Section
				15372 of
				the Elections Code. The report shall contain the following:
(1) The type of RLA conducted (e.g. ballot
				comparison, ballot polling, batch comparison, or hybrid);
(2) The date and time the RLA commenced and
				finished, and the number of rounds of sampling;
(3) A list of contests audited, with final
				reported results for those contests and the final measured risk for each
				contest;
(4) A link to the website
				where the ballot manifest can be found;
(5) The random seed(s) the elections official
				generated for use with the RLA software tool, and when and how the random
				seed(s) was generated;
(6) Any
				inconsistencies between the number of ballot cards and the number of cast vote
				records, or inconsistencies in the data reported by RLA software tool,
				and--when possible--the reason(s) for those inconsistencies.
(7) The number of ballot card(s) examined for
				each contest under audit, noting whether a full manual tally was conducted. If
				the audit was conducted in stages or continued beyond the first sample, a
				description of how the sample was drawn and the number of ballot card(s)
				selected at each stage.
(8) Notes
				regarding any ballot card(s) for which the audit board could not determine the
				voter's intent, as described in subdivision (c) of section
				20123;
(9) A link to the website where the list of
				the particular ballot card(s) examined can be found;
(10) For ballot-level comparison audits:
(A) The number of discrepancies between
				ballot card(s) and the cast vote record, and a description of each discrepancy;
				and
(B) A link to the website where
				the cast vote record file only for the ballot card(s) examined in the audit can
				be found;
(11) For batch
				comparison audits, discrepancies between batches and batch totals, and a
				description of each discrepancy;
(12) For opportunistic reviews of contests
				not subject to audit, as described in Section
				20114, a list of contests reviewed
				and the result of the reviews.
(13)
				The person-hours required to prepare for the audit, and number of people
				involved;
(14) The person-hours
				required to conduct the audit, and number of people involved;
(15) The number of members of the public who
				observed the audit;
(16) Notes on
				anything unusual or problematic, or that would be useful to improve the
				process, or that might be of value to the Secretary of State or other elections
				officials; and
(17) An attestation
				from the elections official that the RLA was conducted in accordance with Title
				2, Division 7, Chapter 2 of the California Code of
				Regulations.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 2 - Risk Limiting Audits › Section 20126 - Redaction of Personally Identifiable Voter Choices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than the third business day following the expiration
				  of the deadline to request a recount under Elections Code sections
				  15620 or
				  15621, or
				  the completion of any recount, whichever is later, an elections official who
				  conducted an RLA shall review its cast vote records file that was published and
				  redact from the public record, but not its own files, the voter choices
				  corresponding to any ballot susceptible to being personally identified with an
				  individual voter.
1. New section
				  filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2020, No. 10).
2. Governor Newsom issued Executive Order
				  N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain
				  deadlines relating to the presidential primary and special general elections,
				  due to the COVID-19 pandemic.
3. Amendment of NOTE filed 12-9-2021;
				  operative 12-9-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 50).
Note: Authority cited: Section
					 12172.5 Government Code; and
					 Section
					 15367,
					 Elections Code. Reference: Sections
					 15367,
					 15620 and
					 15621,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20130 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to establish guidelines for
					 security measures and procedures if a county elections official establishes one
					 or more vote-by-mail ballot drop-off locations or vote-by-mail ballot drop
					 boxes. The provisions of this Article do not apply to polling
					 places.
1. New
					 chapter 3, article 1 (sections
					 20130-20138) and section filed
					 1-11-2018; operative 1-11-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 2). For prior history of chapter 3, see Register 2009, No.
					 31.
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						3025,
						Elections Code. Reference: Section
						3025,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20131 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Designated
				  ballot retrievers" shall mean authorized county employees, representatives,
				  poll workers, or vote center workers, authorized by the elections official to
				  retrieve ballots from drop boxes, or temporary workers or volunteers retained
				  and authorized by the elections official to retrieve ballots from drop
				  boxes.
(b) "Secure ballot
				  container" shall mean a lockable and secure container that is placed inside a
				  drop box or is a stand-alone container. If a secure ballot container is used
				  inside a drop box, ballots are deposited directly into that container. A secure
				  ballot container is not required for all drop boxes.
(c) "Secure ballot transfer device" shall
				  mean a sealable or lockable container that ballots deposited into the drop box
				  shall be placed in by the designated ballot retrievers for secure transport to
				  the office of the county elections official, a ballot receiving center, a
				  designated central count location, or a ballot processing location.
(d) "Staffed drop box" shall mean a drop box
				  or a secure ballot container that is placed in a location that is in the view
				  of a live person who is employed at the location of the drop box, a city or
				  county employee, or a temporary worker or volunteer retained for the purpose of
				  monitoring the drop box. A staffed drop box is typically not available for use
				  by a voter 24 hours a day.
(e)
				  "Unstaffed drop box" shall mean a secured drop box that is not within view of a
				  live person for monitoring and is available for use by a voter 24 hours a
				  day.
(f) "Vote-by-mail ballot drop
				  box" or "drop box" shall have the meaning set forth in California Elections
				  Code section
				  3025(a)(1).
(g) "Vote-by-mail ballot drop-off location"
				  or "drop-off location" shall have the meaning set forth in California Elections
				  Code section
				  3025(a)(2).
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						3025,
						Elections Code. Reference: Section
						3025,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20132 - Drop Box Design and Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To prevent physical damage and
				  unauthorized entry, an unstaffed drop box located outdoors shall be constructed
				  of durable material able to withstand vandalism, removal, and inclement
				  weather.
(b) To ensure that only
				  ballot material can be deposited and not be removed by anyone but designated
				  ballot retrievers, all drop boxes (both staffed and unstaffed) shall have an
				  opening slot that is not large enough to allow ballots to be tampered with or
				  removed. The opening slot shall be designed to minimize the ability for liquid
				  to be poured into the drop box or rain water to seep in.
(c) A drop box, and a secure ballot container
				  placed within the drop box, shall be designed such that any unauthorized
				  physical access results in physical evidence that unauthorized access has taken
				  place. An elections official may use a tamper-evident seal for purposes of this
				  section.
(d) A drop box or secure
				  ballot container shall provide specific points identifying where ballots are to
				  be inserted. A drop box may have more than one ballot slot (e.g. one for
				  drive-up ballot drop-offs and one for walk-up drop-offs).
(e) Each drop box shall be assigned a unique
				  identifying number that is readily identifiable to the designated ballot
				  retrievers and the public on the drop box.
(f) The drop box shall be clearly and visibly
				  marked, as an "Official Ballot Drop Box". The following information shall be
				  provided, in the manner prescribed by the elections official, at drop boxes and
				  drop-off locations in all languages required under the federal Voting Rights
				  Act of 1965 (52 U.S.C. Sec.
				  10503) and those languages applicable to a
				  particular county under Elections Code section
				  14201:
(1) Language stating that tampering with the
				  drop box is a felony pursuant to Elections Code section
				  18500.
(2) A toll free voter hotline connecting the
				  voter to either the county elections office or the Secretary of State's
				  hotline.
(3) A statement that no
				  postage is necessary when depositing the ballot into the drop box.
(4) A statement requesting that the county
				  elections official be notified immediately in the event the drop box is full,
				  not functioning
,
or has been damaged in any fashion.
(5) A statement informing the public that no
				  ballots will be accepted after 8:00 p.m. on Election Day, unless there are
				  voters in line or the time for the closing of the polls has been extended by a
				  court order.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20133 - Determination of Drop-off Locations and Number of Drop Boxes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Drop-off locations shall be determined by
				  the county elections official. In determining locations, the elections official
				  shall, at a minimum, consider concentrations of population, geographic areas,
				  voter convenience, proximity to public transportation, community-based
				  locations, security, and available funding.
(b) Staffed drop box locations may include,
				  but are not limited to, city offices, public libraries, county offices,
				  assisted living facilities, local businesses, and offices of community
				  organizations.
(c) The number of
				  drop-off locations and drop boxes shall be determined by the county elections
				  official.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						3025,
						Elections Code. Reference: Section
						3025,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20134 - Accessibility of Ballot Drop Boxes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) County elections officials shall ensure
				  that drop box locations are accessible to voters with disabilities, and shall
				  also ensure the following:
(1) If a location
				  has only one drop box, the design and placement of that drop box shall meet the
				  accessibility requirements outlined in subdivision (g) of Section
				  20132, and shall be placed as
				  outlined in subdivision (b).
(2) If
				  a location has more than one drop box, at least one of the drop boxes must meet
				  accessibility requirements outlined in subdivision (g) of Section
				  20132, and the design and placement
				  of drop boxes at that location shall in aggregate meet the accessibility
				  requirements outlined in subdivision (b).
(3) At a location with multiple drop boxes,
				  if not all drop boxes meet the accessibility requirements outlined in this
				  subdivision, then each inaccessible drop box shall have directional signage
				  indicating the location of an accessible drop box.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20135 - Drop-off Location and Drop Box Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unstaffed drop box placed outdoors
				  shall be securely fastened in a manner as to prevent moving or tampering, for
				  example, fastening the drop box to concrete or an immovable object.
(b) An unstaffed drop box placed inside a
				  building shall be secured in a manner that will prevent unauthorized
				  removal.
(c) A staffed drop box
				  shall be utilized in one of the following manners:
1) securely fastened to a stationary surface
				  or to an immovable object,
2)
				  placed behind a counter, or
3)
				  portable so it can be transported to a curbside area or a mobile voting
				  area.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20136 - Drop-off Location and Drop Box Hours. Public Notification. Collection Times

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  county elections official shall publicly announce the locations of drop-off
				  locations and drop boxes at least 30 days prior to the election. The
				  announcement must include the days and estimated times a particular staffed
				  drop box will be available. The announcement must also include information on
				  accessibility, including wheelchair access, for each drop-off location and drop
				  box. Information shall be included in the county's Voter Information Guide and
				  Sample Ballot publications, included in vote-by-mail materials sent to voters,
				  and conspicuously posted on the county elections official's website. In the
				  event any changes are made to locations and/or schedules, the information
				  posted on the elections official's website shall be updated within 24
				  hours.
(b) For the purpose of
				  posting the locations on the Secretary of State's website and to include
				  information in any relevant election materials, the county elections official
				  shall notify the Secretary of State of the drop-off and drop box locations, and
				  the dates and estimated hours of availability, at least 30 days prior to the
				  election. In the event any changes are made to locations and/or schedules, the
				  Secretary of State must be notified within 24 hours.
(c) Drop boxes shall be locked and covered,
				  or otherwise made unavailable to the public until the day the elections
				  official begins mailing vote-by-mail ballots, to ensure that no ballots or any
				  other materials may be deposited before the vote-by-mail period begins. The
				  elections official shall determine the appropriate method or design to make the
				  drop boxes unavailable for use. Prior to use before the election, all drop
				  boxes shall be inspected for damage and to ensure they are empty.
(1) A county elections official who provides
				  a drop box outside of their office throughout the year for the purpose of
				  voters delivering completed voter registration affidavits shall not be required
				  to lock and cover those drop boxes.
(2) In the event drop boxes are deployed on
				  the 60th day prior to an election for use by military and overseas voters, the
				  provisions of this Article must be followed.
(3) The elections official may make drop
				  boxes available prior to the date the elections official begins mailing
				  vote-by-mail ballots. If the elections official does so, the elections official
				  shall notify the Secretary of State of that action at the time the drop boxes
				  are made available.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3 - Voting Locations › Article 1 - Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations › Section 20138 - Processing of Retrieved Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any ballots retrieved from a drop box or drop-off location
					 shall be processed in the same manner as vote-by-mail ballots personally
					 delivered to the office of the county elections official by the voter, ballots
					 returned to a polling location, and ballots received via the United States
					 Postal Service or any other delivery service.
1. New
					 section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						3025,
						Elections Code. Reference: Section
						3025,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.5 - Early Ballot Retrieval › Article 1 - Retrieval of Voted Ballots Prior to the Closing of the Polls › Section 20140 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Article is to establish guidelines for
					 the secure delivery and transfer of voted ballots retrieved from a polling
					 place, including a vote center, prior to the closing of the polls to the office
					 of the county elections official, a ballot receiving center, a central counting
					 place, or a ballot processing location.
1. New
					 chapter 3.5, article 1 (sections
					 20140-20144) and section filed
					 1-8-2018; operative 1-8-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						14422,
						Elections Code. Reference: Section
						14422,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.5 - Early Ballot Retrieval › Article 1 - Retrieval of Voted Ballots Prior to the Closing of the Polls › Section 20141 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Designated
				  ballot retrievers" shall mean authorized county representatives, poll workers,
				  or vote center workers, assigned to retrieve voted ballots together from
				  polling places prior to the closing of the polls, or temporary workers or
				  volunteers retained for the purpose of retrieving voted ballots from polling
				  places prior to the closing of the polls.
(b) "Early ballot retrieval" shall mean the
				  collection and removal of voted ballots at any polling place prior to the
				  closing of the polls for delivery to the office of the county elections
				  official, a ballot receiving center, a central counting place, or a ballot
				  processing location.
1. New
					 section filed 1-8-2018; operative 1-8-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						14422,
						Elections Code. Reference: Section
						14422,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.5 - Early Ballot Retrieval › Article 1 - Retrieval of Voted Ballots Prior to the Closing of the Polls › Section 20142 - Notification of Places and Time of Early Ballot Retrieval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance with Elections Code section
				  14422, if
				  the county elections official directs the precinct board to seal ballot
				  containers for ballot retrieval prior to the closing of the polls, the
				  elections official must notify the public at least 48 hours prior to the
				  election.
(b) The notification
				  shall include the dates, estimated times, and places at which ballots will be
				  retrieved prior to the closing of the polls.
(c) The notification shall be conspicuously
				  posted on the county elections official's website, at the office of the
				  elections official, and at any satellite locations.
(d) The elections official shall provide a
				  copy of the notification to the Secretary of State's office in an electronic
				  format for posting on the Secretary of State's website.
(e) Notification of an early ballot retrieval
				  must be conspicuously posted at each polling place where early ballot retrieval
				  will occur immediately prior to the opening of the polls.
(f) In the event an immediate, unplanned,
				  ballot retrieval is necessary, notice is not required, but the procedures set
				  forth in Section
				  20143 below must be
				  followed.
1. New
					 section filed 1-8-2018; operative 1-8-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						14422,
						Elections Code. Reference: Section
						14422,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.5 - Early Ballot Retrieval › Article 1 - Retrieval of Voted Ballots Prior to the Closing of the Polls › Section 20144 - Processing of Retrieved Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All polling place ballots retrieved prior
				  to the closing of the polls shall be processed in the same manner as ballots
				  that are delivered to the office of the county elections official, a ballot
				  receiving center, a central counting place, or a ballot processing location
				  after the closing of the polls.
(b)
				  All vote-by-mail ballots retrieved prior to the closing of the polls shall be
				  processed in the same manner as vote-by-mail ballots personally delivered to
				  the office of the county elections official by the voter, ballots returned to a
				  polling location, and ballots received via the United States Postal Service or
				  any other delivery service.
1. New
					 section filed 1-8-2018; operative 1-8-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 2).
Note: Authority cited: Section
						12172.5,
						Government Code; and Sections
						10 and
						14422,
						Elections Code. Reference: Section
						14422,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.6 - Electronic Poll Books › Section 20150 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Electronic
				poll book" means a system containing an electronic list of registered voters
				that may be transported to the polling location.
(1) An electronic poll book shall contain, at
				a minimum, all of the following voter registration data:
i. Name.
ii. Address.
iii. District/Precinct.
iv. Party preference.
v. Voter status.
vi. Whether or not the voter has been issued
				a vote by mail ballot.
vii. Whether
				or not the vote by mail ballot has been recorded as accepted by the elections
				official.
viii. Whether or not the
				voter's identification must be verified.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.6 - Electronic Poll Books › Section 20151 - Local Election Management System Use at Polling Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Counties utilizing their local election management system at
				  polling locations, in whole or in part, shall adhere to sections
				  20158,
				  20160,
				  20161 and
				  20162 of these
				  regulations.
1. New section
				  filed 5-16-2018; operative 5-16-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 20).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 2550,
					 Elections Code. Reference: Section
					 2550,
					 Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 3.6 - Electronic Poll Books › Section 20152 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person, corporation, or public agency owning or having an
				  interest in the sale or acquisition of an electronic poll book may apply to the
				  Secretary of State for certification. The application shall include the
				  following:
(a) Information about the
				applicant, including name, standing to present application, entity type,
				principle address, mailing address, telephone number, fax number and email, if
				applicable.
(b) Identification of
				the specific electronic poll book to be evaluated for certification. Each
				electronic poll book or version of an electronic poll book requires a separate
				request for certification. Each component of the hardware, firmware, and
				software must be identified by version number.
(c) A signed confidentiality agreement
				providing the Secretary of State, upon demand, source code for all software and
				firmware and a working model of the electronic poll book.
(d) All the documentation necessary for the
				identification of the full system configuration submitted for evaluation and
				for the development of an appropriate test plan for conducting system
				certification testing, collectively referred to as the Technical Data Package
				(TDP) as described in section
				20153.
(e) Documentation and description of any
				known anomalies, including a description of the root cause and
				resolution.
(f) Documentation from
				election jurisdictions that have certified the proposed electronic poll
				book.
(g) Whether the proposed
				electronic poll book has ever been denied certification or had certification
				withdrawn in any other state.
(h) A
				list of election jurisdictions using or previously having used the proposed
				electronic poll book.
1. New section
				  filed 5-16-2018; operative 5-16-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 20).
Note: Authority cited: Section
					 12172.5,
					 Government Code; and Section
					 2550,
					 Elections Code. Reference: Section
					 2550,
					 Elections Code.