California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 8.2 - Election Observation: Rights and Responsibilities › Section 20873 - Rights of Election Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				provided in Elections Code sections
				15004(a) and
				(b), each political party qualified to
				participate in an election in California and any bona fide association of
				citizens or a media organization may employ, and may have present at the
				central counting site or sites, not more than two representatives to check and
				review the preparation and operation of the tabulating devices, their
				programming and testing, and have the representatives in attendance at any or
				all phases of the election.
(b) An
				election observer shall have the right to check and review the preparation and
				operation of the tabulating devices, their programming and testing, and observe
				any or all phases of the election.
(c) An election observer shall have the right
				to observe the processing of vote-by-mail identification envelopes and
				vote-by-mail ballots pursuant to Elections Code section
				15104.
				Observers shall be allowed sufficiently close access to enable them to observe
				the vote-by-mail identification envelopes, the signatures and dates thereon,
				and the manner in which vote-by-mail ballots are handled. The processing of
				vote-by-mail identification envelopes and vote-by-mail ballots includes, but is
				not limited to, the following:
(1) Securing
				vote-by-mail ballots to prevent tampering with them before, during, and after
				the ballots are counted.
(2)
				Verifying signatures on the vote-by-mail identification envelope, which may
				include the use of signature verification technology, in accordance with
				Section 20960.
(3) Identifying whether there are multiple
				signatures on the vote-by-mail identification envelope, and whether there is
				more than one ballot in the vote-by-mail identification envelope and verifying
				signatures accordingly pursuant to Section
				20991.
(4) Checking the opened vote-by-mail
				identification envelopes to ensure that all of the contents have been
				removed.
(5) Duplicating damaged or
				defective ballots, votes cast on a sample ballot, or ballots cast using a
				remote accessible vote-by-mail system in accordance with Elections Code section
				15210.
(6) Checking postmarks on vote-by-mail
				identification envelopes or the time and date stamps on envelopes or packages
				delivered by a bona fide private mail delivery company received after Election
				Day, and checking postmarks on vote-by-mail ballots that are enclosed in an
				envelope or package delivered by a bona fide private mail delivery
				company.
(7) Checking the statewide
				voter registration system to confirm that the voter has not already voted, or
				that the conditional voter registration is proper.
(8) Adjudicating hand-marked ballots, which
				may be done with a paper ballot or a scanned ballot image, where the ballot
				tabulator cannot discern the voter's choice.
(9) Counting valid ballots.
(10) Making notes on rejected ballots in
				accordance with Elections Code section
				15154.