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 20143 - Ballot Collection Procedures and Chain of Custody

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The county elections official shall
				  develop early ballot retrieval collection and chain of custody procedures,
				  which shall be substantially similar to the following:
(1) The county elections official shall
				  assign at least two designated ballot retrievers to retrieve voted ballots from
				  polling places prior to the closing of the polls. Each designated ballot
				  retriever shall wear a badge or similar identification that readily identifies
				  them as a designated ballot retriever. In addition, each designated ballot
				  retriever must take the following oath prior to retrieving ballots: "I,
				  __________, do solemnly swear (or affirm) that I will support and defend the
				  Constitution of the United States and the Constitution of the State of
				  California against all enemies, foreign and domestic; that I will bear true
				  faith and allegiance to the Constitution of the United States and the
				  Constitution of the State of California; that I take this obligation freely,
				  without any mental reservation or purpose of evasion; and that I will well and
				  faithfully discharge the duties upon which I am about to enter."
(2) The names of the designated ballot
				  retrievers shall be communicated to the precinct inspector or vote center lead
				  immediately prior to the opening of the polls. In the event a designated ballot
				  retriever is unable to perform the duty of retrieving ballots, the elections
				  official shall notify the precinct inspector of that fact and provide the name
				  of the alternate designated ballot retriever.
(3) Only designated ballot retrievers may
				  transport the retrieved voted ballots identified under this Article.
(4) Upon arrival at the polling place, the
				  designated ballot retrievers shall each personally provide their identification
				  to the precinct inspector, and note, on a form prescribed by the elections
				  official, the time of arrival.
(5)
				  Immediately prior to the retrieval of the ballots, the precinct inspector shall
				  publicly announce to the voters in the polling place that voted ballots are
				  being retrieved prior to the closing of the polls for transportation to the
				  office of the county elections official, a ballot receiving center, a central
				  counting place, or a ballot processing location.
(6) Prior to departure from the polling
				  place, the precinct inspector and the designated ballot retrievers shall sign
				  the form described in Subdivision (a)(4) above, and shall note the location the
				  ballots were retrieved from and the time of departure.
(7) In no event shall a designated ballot
				  retriever conduct unofficial business or make any unscheduled stops while in
				  the possession of voted ballots.
(8) Upon arrival at the office of the county
				  elections official, a ballot receiving center, a central counting place, or a
				  ballot processing location, the designated ballot retrievers who retrieved the
				  ballots shall note the time of arrival on the form described in Subdivision
				  (a)(4) above.
(9) The county
				  elections official, or his or her designee, shall inspect the secure ballot
				  container for evidence of tampering and shall receive the retrieved ballots by
				  signing the retrieval form, and including the date and time of receipt. In the
				  event tampering is evident, that fact shall be noted on the retrieval
				  form.
(10) The completed retrieval
				  form shall be attached to the outside of the secure ballot container used to
				  transport the voted ballots retrieved from the polling place or maintained in a
				  manner prescribed by the elections official that ensures that the form is
				  traceable to its respective secure ballot container.
(11) The precinct inspector and the elections
				  official shall follow the procedures set forth in the Elections Code for the
				  reconciliation of the ballots retrieved pursuant to this
				  Article.