California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 8.2 - Election Observation: Rights and Responsibilities › Section 20876 - Duties of Election Officials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				elections official shall make available written observation rules and
				procedures for the election process being observed to the election observers or
				post the written observation rules and any written procedures for the election
				process being observed conspicuously at any location where observation is
				taking place. If the elections official has their own website, the elections
				official shall make the written observation rules and procedures for the
				elections processes being observed available on that elections
				website.
(b) The elections official
				shall, consistent with the intent of this Chapter and the provisions of the
				Elections Code, establish written security rules for observation. These
				security rules may include, but shall not be limited to, the use of sign-in
				sheets and identification to be worn by observers and prohibiting or limiting
				the use of cell phones, pagers, cameras, and other audio or video equipment or
				electronic devices, if the use of such item(s) is interfering with or will
				interfere with the conduct of the elections process, the privacy of voters, or
				if the use of those items compromises the security of the location where
				observation is taking place. However, any limitation on the use of an
				electronic device shall be subject to the provisions of Elections Code section
				2302.
(c) The elections official shall maintain the
				integrity of the election process and shall, while considering the content of
				this Chapter, have the discretion to determine what constitutes election
				observer misconduct or interference. Examples of election observer misconduct
				or interference may include, but are not limited to, unauthorized touching of
				voting equipment or elections officials, obstructing ballot transportation and
				handling, threatening elections officials, election workers, and voters, and
				attempting to view confidential voter registration information.
(d) The elections official shall provide
				notice(s) to the public which shall contain the specific date(s), time(s) and
				place(s) of the election process or activity that may be observed by the
				public. If there is a change of schedule for an elections process or activity
				that has been noticed to the public, the elections official shall provide
				updated information to the public regarding the schedule changes as soon as the
				changes are made. The notices shall be conspicuously posted on the elections
				official's website if the elections official has their own website, and at the
				location where the elections activity or process is taking place. The elections
				official may also provide notice to voters via email. The following notice(s)
				are required, as applicable:
(1) one percent
				manual tally (Elections Code section
				15360),
(2) logic and accuracy testing (Elections
				Code section
				15000),
(3) early ballot retrieval (Elections Code
				section 14422; Section
				20142), and
(4) vote-by-mail processing and counting
				(Elections Code section
				15104, subdivision (c)).