reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18950.2 - Exception: Payments for Travel in Connection with a Bona Fide Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A payment made for transportation, lodging, or food, in
				  connection with a bona fide business, trade, or profession, and which satisfies
				  the criteria for federal income tax deductions for business expenses specified
				  in Sections
				  162 and
				  274 of the Internal Revenue Code,
				  is not an honorarium or gift unless the sole or predominant activity of the
				  business, trade or profession is making speeches.
1. New section
				  filed 12-23-2013; operative 1-1-2014 pursuant to section
				  18312(e)(1)(A),
				  title 2, California Code of Regulations. Submitted to OAL for filing pursuant
				  to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third Appellate District, nonpublished
				  decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
				  Procedure Act rulemaking requirements and not subject to procedural or
				  substantive review by OAL) (Register 2013, No.
				  52).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 82028,
					 82030 and
					 89501-
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18950.4 - Payments for Travel in Connection with Campaign Activities. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  and amendment of former section
				  18228 to section
				  18950.4 filed 1-27-93; operative
				  2-26-93 (Register 93, No. 5).
2. Change without regulatory effect
				  relocating section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Change without regulatory
				  effect amending section heading filed 7-18-96 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 96, No. 29).
4. Renumbering of former section
				  18950.4 to section
				  18950.3 filed 12-23-2013; operative
				  1-1-2014 pursuant to section
				  18312(e)(1)(A),
				  title 2, California Code of Regulations. Submitted to OAL for filing pursuant
				  to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil
				  C010924, California Court of Appeal, Third Appellate District, nonpublished
				  decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
				  Procedure Act rulemaking requirements and not subject to procedural or
				  substantive review by OAL) (Register 2013, No.
				  52).
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18951 - Surplus Funds, Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Section
				  89519:
(a) Campaign funds under the control of a
				candidate or elected officer will be considered surplus campaign funds on the
				following dates:
(1) Incumbent Candidates: The
				90th day after leaving an elective office for which the campaign funds were
				raised, or if the candidate is defeated for reelection, the 90th day after the
				end of the postelection reporting period following the candidate's defeat,
				whichever is later. An incumbent candidate who wishes to use funds for a future
				election must transfer those funds to a new committee for a future election no
				later than this date.
(2)
				Non-Incumbent Defeated and Withdrawn Candidates: The 90th day after the end of
				the postelection reporting period following the election in which the candidate
				was defeated or from which the candidate withdrew. A non-incumbent candidate
				who is defeated or withdraws from an election who wishes to use funds for a
				future election must transfer those funds to a new committee for a future
				election no later than this date.
(3) Deceased Candidates: Funds belonging to a
				candidate who dies while in office or while running for office will become
				surplus the 90th day after the end of the postelection reporting period
				following the candidate's death.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18954 - Gift Limit Adjustment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-6-93; operative 7-6-93 (Register 93, No. 28).
2. Change
				  without regulatory effect relocating section filed 11-17-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 46).
3. Amendment of subsections (a)
				  and (b)(1), repealer of subsection (c), subsection relettering and amendment of
				  newly designated subsection (c) filed 3-14-95; operative 3-14-95 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 95, No. 11).
4. Renumbering of former section
				  18954 to new section
				  18940.2 filed 10-23-96; operative
				  10-23-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 43).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 89504,
					 89505 and
					 89506,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18960 - Direct Personal Benefit Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Government Code sections
				89511(b)(3)
				and
				89521(b)(2),
				an expenditure of campaign funds results in a direct personal benefit when,
				within six months of the expenditure and without the assistance of any
				intervening influence or interruption, the candidate, elected officer,
				individual with authority to approve the expenditure of campaign funds held by
				a committee, or member of their immediate family:
(1) Realizes an increase in income or assets,
				or a decrease in expenses or liabilities from the expenditure; or
(2) Makes personal use of an asset obtained
				as a result of the expenditure.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 9.5 - Ethics › Section 18961 - Incidental Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of Government Code Sections
				89516(e)
				and
				89517(c),
				the use of any real property, appliance, equipment, or vehicle is incidental to
				its use for political, legislative, or governmental purposes only if all of the
				following apply:
(1) The use occurs in
				conjunction with its use for a purpose which is directly related to a
				political, legislative, or governmental purpose;
(2) The value of the use constitutes 5
				percent or less of the total use of the item in any one calendar month;
				and
(3) The value of the use does
				not exceed a fair market value of $100 in any one calendar
				month.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18991 - Audits of Campaign Reports and Statements of Local Candidates and Their Controlled Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Commission shall select local candidates and their controlled committees
				for audit by the Franchise Tax Board pursuant to Government Code section
				90001(i)
				and this section.
(b) Local
				candidates and committees shall be selected for audit each odd-numbered year,
				at the same time that candidates for the Legislature in a direct primary or
				general election are selected for audit, or as soon as feasible
				thereafter.
(c) The Commission
				shall select a total of 20 local jurisdictions to be audited, in accordance
				with the schedules in subdivisions (d), (e), (f) and (g). The Commission shall
				then determine, by random selection, the order in which the Franchise Tax Board
				shall conduct the audits of the 20 local jurisdictions.
If the Commission receives notice that the Franchise Tax
				  Board is able to conduct additional audits of local jurisdictions with the
				  funds available during a two-year cycle, the Commission shall select an
				  additional 20 local jurisdictions to be audited, in accordance with the
				  schedules in subdivisions (d), (e), (f) and (g). The Commission shall
				  determine, by random selection, the order in which the Franchise Tax Board
				  shall conduct the additional audits.
If the Franchise Tax Board is unable to audit all of the
				  jurisdictions selected with the funds available during a two-year audit cycle,
				  the remaining jurisdictions shall be subject to random audit during the next
				  audit cycle on the same basis as any other jurisdiction of the same
				  type.
(d) A total of 40
				percent of the jurisdictions selected for audit shall be counties, including
				any city and county. When a county is selected for audit, the audit shall
				include primary election candidates for county office, as defined in Elections
				Code section
				34, and
				general election candidates for county office, as defined in Elections Code
				section
				34, at the
				last county primary and general elections held prior to the audit selection.
				Those candidates who file pursuant to Government Code section
				84206
				shall not be audited under this provision.
Counties shall be grouped by population size, as determined
				  by the most recent population estimates published by the Department of Finance,
				  and the total number of jurisdictions selected for audit from each group, by
				  random selection, shall be:
(1)
				Counties with a population of 700,000 or more--15 percent of the total
				jurisdictions selected.
(2)
				Counties with a population of at least 150,000 but less than 700,000--15
				percent of the total jurisdictions selected.
(3) Counties with a population of less than
				150,000--10 percent of the total jurisdictions selected.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18992 - Terms Used in Section 90001

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The terms "committee ... primarily in
				support of his or her candidacy," as used in Section
				90001(b),
				"committee ... primarily supporting his or her candidacy," as used in Section
				90001(c) and
				(d)"committee primarily supporting or
				opposing a candidate," as used in Section
				90001(f), and
				"committee primarily supporting or opposing a state candidate," as used in
				Section 90001(h) mean any
				committee (other than a controlled committee and other than a committee defined
				in Section 82013(c)) which
				has made more than one half of its expenditures on behalf of any one candidate
				for the period to be audited pursuant to Section
				90002(a).
(b) The term "committee ... primarily in
				support of or in opposition to a state measure or state measures" as used in
				Section 90001(g) means any
				committee which has made more than one half of its expenditures in support of
				or against one or more state ballot measures for the period to be audited
				pursuant to Section
				90002(a).
1. Change
				  without regulatory effect renumbering former section
				  18913 to section
				  18992 filed 1-30-95 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 95, No. 5).
2. Editorial correction of HISTORY
				  1 (Register 95, No. 13).
3. Change without regulatory effect
				  amending section filed 3-22-2016; operative 4-21-2016 pursuant to
				  2 CCR
				  18312(e). Submitted to OAL
				  for filing pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements and
				  not subject to procedural or substantive review by OAL) (Register 2016, No.
				  13).
4. Amendment of section and NOTE filed 9-14-2020; operative
				  10-14-2020 pursuant to Cal. Code Regs., tit. 2, section
				  18312(e).
				  Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
				  Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
				  Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
				  regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2020, No. 38).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 90001 and
					 90002,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18993 - Contain in Detail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "contain in detail" as used in Government Code
				  Section
				  90004
				  means that the report of the Franchise Tax Board shall include specific
				  findings of noncompliance, if the Franchise Tax Board determines that the
				  noncompliance is material.
1. Change
				  without regulatory effect renumbering former section
				  18914 to section
				  18993 filed 1-30-95 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 95, No. 5).
2. Editorial correction of HISTORY
				  1 (Register 95, No. 13).
3. Repealer and new section filed 2-8-99;
				  operative 2-8-99 pursuant to Government Code section
				  11343.3(d)
				  (Register 99, No. 7).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 90000,
					 90001,
					 90004 and
					 90007,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18994 - Auditing and Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Audits and investigations conducted by the Franchise Tax
				  Board pursuant to Government Code Sections
				  90000, et
				  seq. shall be made as follows:
(a) To
				the extent applicable, in accordance with generally accepted auditing standards
				as prescribed by the authoritative bodies of the accounting profession;
				and
(b) To the extent necessary,
				using other tests of accounting records and auditing procedures appropriate
				under the circumstances of each audit or investigation.
1. Change
				  without regulatory effect renumbering former section
				  18915 to section
				  18994 filed 1-30-95 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 95, No. 5).
2. Editorial correction of HISTORY
				  1 (Register 95, No. 13).
3. Amendment of first paragraph filed
				  4-15-2019; operative 5-15-2019 pursuant to Cal. Code Regs., tit. 2, section
				  18312(e).
				  Submitted to OAL for filing and printing only pursuant to Fair Political
				  Practices Commission v. Office of Administrative Law, 3 Civil C010924,
				  California Court of Appeal, Third Appellate District, nonpublished decision,
				  April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure
				  Act rulemaking requirements and not subject to procedural or substantive review
				  by OAL) (Register 2019, No. 16).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 90000, et seq., Government
					 Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18995 - Standards and Guidelines for Auditing Statements and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements of 2 Cal. Code Regs., Section
				  18994, audits conducted pursuant to
				  Government Code Section
				  90001
				  shall meet the following standards:
(a) General.
(1) The audit is to be performed by a person
				or persons having adequate technical training and proficiency for the tasks
				required.
(2) In all matters
				relating to the audit work, the audit organization and the individual auditors
				shall maintain an independent mental attitude.
(3) Due professional care is to be used in
				conducting the audit work and in preparing the report.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18996 - Scope of Audits and Investigations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-8-99; operative 2-8-99 pursuant to Government Code section
				  11343.3(d)
				  (Register 99, No. 7).
2. Amendment of section and NOTE filed
				  1-14-2016; operative 2-13-2016, pursuant to title 2, section
				  18312(e) of the
				  California Code of Regulations. Submitted to OAL for filing and printing only
				  pursuant to Fair Political Practices Commission v. Office of Administrative
				  Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
				  nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
				  Administrative Procedure Act rulemaking requirements and not subject to
				  procedural or substantive review by OAL) (Register 2016, No. 3).
3.
				  Repealer filed 9-14-2020; operative 10-14-2020 pursuant to Cal. Code Regs.,
				  tit. 2, section
				  18312(e).
				  Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
				  Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
				  Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
				  regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2020, No. 38).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Sections
					 90001,
					 90002 and
					 90003,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18997 - Audits of Campaign Reports and Statements of Candidates for the Board of Administration of the Public Employees' Retirement System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall audit a candidate for an election to the
				  Board of Administration of the Public Employees' Retirement System if the
				  candidate receives contributions aggregating $5,000 or more for that
				  election.
1. New section
				  filed 12-21-2000. Submitted to OAL for filing pursuant to Fair Political
				  Practices Commission v. Office of Administrative Law, 3 Civil C010924,
				  California Court of Appeal, Third Appellate District, nonpublished decision,
				  April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure
				  Act rulemaking requirements) (Register 2000, No. 51).
2. Amendment
				  filed 9-12-2002 as a change without regulatory effect. Submitted to OAL for
				  filing pursuant to Fair Political Practices Commission v. Office of
				  Administrative Law, 3 Civil C010924, California Court of Appeal, Third
				  Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations
				  only subject to 1974 Administrative Procedure Act rulemaking requirements and
				  not subject to procedural or substantive review by OAL) (Register 2002, No.
				  37).
3. Repealer and new section filed 4-9-2008; operative 5-9-2008.
				  Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
				  Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
				  Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
				  regulations only subject to 1974 Administrative Procedure Act rulemaking
				  requirements and not subject to procedural or substantive review by OAL)
				  (Register 2008, No. 15).
Note: Authority cited: Section
					 83112,
					 Government Code. Reference: Section
					 90001,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 10 - Auditing › Section 18998 - Commission Audits and Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To the extent applicable, Commission
				staff shall apply the same auditing guidelines, standards, and scope when
				performing audits pursuant to Section
				90006 as the Franchise Tax Board
				when performing audits pursuant to Section
				90001. These guidelines, standards,
				and scope are enumerated in Section
				90002 and Regulations 18994-18995.
				Commission staff shall prepare reports consistent with the requirements in
				Section 90004 and Regulation
				18995.
(b) Audits and
				investigations conducted pursuant to Sections
				90003 or
				90008 shall be undertaken at the
				direction of the Chief of Enforcement and conducted consistent with the
				following standards:
(1) Auditors and
				investigators shall have adequate training and proficiency for the tasks
				required.
(2) Auditors and
				investigators shall maintain an independent mental attitude free of personal or
				political bias when conducting their work.
(3) Auditors and investigators shall use due
				professional care in conducting their work.
(4) Auditors and investigators shall be
				properly supervised.
(5) All
				records and other evidence shall be obtained through legal means and properly
				documented.
(6) The scope of audits
				and investigations shall not exceed that which is permissible by
				law.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19002 - Application of this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This Article shall apply to any person who directly or indirectly receives
				  voter registration information from any source agency.
(b) This Article shall not apply to any voter
				  requesting their own voter registration information through a publicly
				  available voter record lookup tool. However, when a voter requests additional
				  information about their own specific voter record than is available on such a
				  tool, they must submit an application for specific voter registration record
				  pursuant to this Article.
1. Repealer
					 and new section filed 5-11-2022; operative 7-1-2022. Transmission deadline
					 specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20 (Register 2022, No.
					 19).
Note: Authority cited: Section
						2188.2,
						Elections Code; and Sections
						6254.4 and
						12172.5,
						Government Code. Reference: Sections
						2188 and
						2194,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19003 - Permissible Uses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Voter
				  registration information obtained from a source agency shall be used solely for
				  the following purposes:
(1) Election: for any
				  person to communicate with voters in connection with an election by means that
				  shall include, but shall not be limited to, the following:
(A) Communicating with voters for or against
				  any candidate or ballot measure in any election;
(B) Communicating with voters regarding the
				  circulation or support of, or opposition to, any recall, initiative, or
				  referendum petition;
(C) Surveying
				  voters in connection with any specific election campaign or specific potential
				  election campaign in which any voter registered to vote may vote;
(D) Surveying voters in connection with an
				  election-related exploratory committee;
(E) Soliciting contributions or services as
				  part of any election campaign on behalf of any candidate for public office or
				  any political party or in support of or opposition to any ballot measure,
				  initiative, or referendum petition.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19004 - Impermissible Uses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Using
				  voter registration information in a manner contrary to the authorized uses
				  specified in Elections Code section
				  2194 is
				  impermissible. Impermissible uses include, but shall not be limited to:
(1) Any communication for any personal,
				  private, or commercial purpose other than for those purposes permitted by
				  Section 19003.
(2) Solicitation of contributions or services
				  for any personal, private, or commercial purpose.
(3) Conducting any survey of opinions of
				  voters other than for those purposes permitted by Section
				  19003, subdivision (a).
(4) Using the voter registration information
				  to harass any voter or the voter's household, including, but not limited to,
				  any conduct prohibited by Elections Code sections
				  18540 and
				  18543.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19005 - Transfers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only a vendor
				  may transfer voter registration information to another person, as described in
				  subdivision (c).
(b) A beneficiary,
				  including a vendor, may share voter registration information with their
				  agent(s) without prior written authorization from a source agency.
(1) An agent may only use the voter
				  registration information for the purposes specified in the approved
				  application.
(2) A beneficiary
				  sharing voter registration information with an agent must exercise reasonable
				  care that the agent uses the voter registration only for purposes approved by
				  the source agency and report any unauthorized use as described in Section
				  19012 of this Article.
(3) A beneficiary remains responsible for the
				  actions of their agent with respect to the use of the voter registration
				  information.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19006 - Charges; Deposits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  fee to obtain voter registration information from the Secretary of State is
				  $15.00 per one thousand records, up to a maximum of $100.00. The minimum fee is
				  $15.00.
(b) The fee to obtain a
				  specific voter registration record is $30.00 per record, up to a maximum of
				  $100.00. Each request for specific voter registration records is limited to 10
				  records.
(c) A source agency (other
				  than the Secretary of State) may designate the fee to obtain voter registration
				  information and specific voter registration record(s).
1. Repealer
					 and new section filed 5-11-2022; operative 7-1-2022. Transmission deadline
					 specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20 (Register 2022, No.
					 19).
Note: Authority cited: Section
						2188.2,
						Elections Code; and Sections
						6254.4 and
						12172.5,
						Government Code. Reference: Sections
						2188 and
						2194,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19007 - Penalties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 5-20-77; effective thirtieth day thereafter (Register 77, No.
					 21).
2. Repealer filed 5-11-2022; operative 7-1-2022. Transmission
					 deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20 (Register 2022, No.
					 19).
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19009 - Application Submission and Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant must submit the completed
				  application for voter registration information in the following manner:
(1) The applicant must deliver it to the
				  source agency in person or by U.S. mail or other delivery/courier service. A
				  wet signature is required on the application; therefore, a source agency shall
				  not accept emailed and faxed applications for voter registration
				  information.
(2) The applicant must
				  include a clear copy of their current photo identification issued by a federal
				  or state government agency with the completed application.
(3) The applicant must submit the appropriate
				  fee with the completed application.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19010 - Requests for Specific Voter Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If specific voter registration record(s)
				  are requested, the source agency shall only use the exact information provided
				  by the applicant to locate the record(s). The applicant shall provide as much
				  detail as is possible, including, but not limited to, the full name, date of
				  birth, and present and/or former residence address of the specific voter that
				  is the subject of the request.
(b)
				  The source agency will only use the exact information provided (full name, date
				  of birth, county of residence, and residence address, etc.) to identify
				  specific voter registration record(s).
(c) In the event there are insufficient
				  details for the source agency to fulfill the request for a specific voter
				  registration record, the source agency shall communicate that fact to the
				  applicant to determine if additional criteria to identify the voter(s) is
				  available.
(d) If the request
				  cannot be filled, the source agency shall send a letter to the applicant
				  stating such. Payment will not be processed for requests that cannot be
				  filled.
(e) An applicant may
				  request up to 10 specific voter registration records per application. A variant
				  of a name shall be considered a part of one request.
1. New
					 section filed 5-11-2022; operative 7-1-2022. Transmission deadline specified in
					 Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20 (Register 2022, No.
					 19).
Note: Authority cited: Section
						2188.2,
						Elections Code; and Sections
						6254.4 and
						12172.5,
						Government Code. Reference: Sections
						2188 and
						2194,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19011 - End User Technical Support

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A source agency that provides voter registration
					 information under this Article is not responsible for end-user technical
					 support for processing purchased data or for assistance on converting provided
					 data for usage.
1. New
					 section filed 5-11-2022; operative 7-1-2022. Transmission deadline specified in
					 Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20 (Register 2022, No.
					 19).
Note: Authority cited: Section
						2188.2,
						Elections Code; and Sections
						6254.4 and
						12172.5,
						Government Code. Reference: Section
						2194,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19012 - Requirements for Storage and Security of Voter Registration Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person who
				  has directly or indirectly obtained voter registration information from a
				  source agency must exercise due diligence in maintaining and securing the voter
				  registration information in order to reduce the risk of information exposure
				  and/or breach.
(b) Any person who
				  has directly or indirectly obtained voter registration information from a
				  source agency shall:
(1) Use a strong and
				  unique password ("strong password hygiene") per account with access to the
				  voter registration information or privileges to grant access.
(2) Apply security best practices, which
				  includes the following:
(A) Obtain training on
				  security awareness to avoid social engineering and phishing attacks.
(B) Practice the principles of "least
				  privilege" By restricting user access to the minimum need based on users' job
				  necessity.
(C) Ensure user accounts
				  are logged off or the session is locked after a period of inactivity, which
				  shall be no more than 15 minutes.
(D) Remove, deactivate, or disable accounts
				  or default credentials.
(E) Erase
				  or wipe voter registration information that is no longer needed for its
				  retention and sanitized following National Institute of Standards and
				  Technology (NIST) 800-88 Guidelines for media sanitization.
(F) Restrict physical access by not leaving
				  your computer in places unlocked and unattended.
(G) Limit the use of portable devices. If a
				  portable device is used, strong storage encryption procedures must be applied
				  utilizing Federal Information Processing Standards (FIPS) 197, commonly
				  referred to as "Advanced Encryption Standard" or "AES."
(H) Use wireless technology securely with
				  Wi-Fi Protected Access 2 (WPA2) or better.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 1 - Access to Voter Registration Information › Section 19013 - Reporting Requirement for Unauthorized Use and Data Breaches

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who has obtained voter registration information
					 from a source agency shall report detected unauthorized use, suspected breach,
					 or denial of service attack on the voter registration information or the system
					 containing the voter registration information to the Secretary of State
					 Elections Division Help Desk within twenty-four (24) hours of
					 discovery.
1. New
					 section filed 5-11-2022; operative 7-1-2022. Transmission deadline specified in
					 Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20 (Register 2022, No.
					 19).
Note: Authority cited: Section
						2188.3,
						Elections Code. Reference: Sections
						2188 and
						2194,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19050 - Voter Registration Card; Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The multipart voter registration card mandated by Elections
					 Code Sections
					 506,
					 102 and
					 507 shall
					 be substantially in the format set forth in Section
					 19055.
1. Amendment
					 filed 5-20-77; effective thirtieth day thereafter (Register 77, No.
					 21).
Note: Authority cited: Section
						506,
						Elections Code. Reference: Sections
						506,
						102,
						507,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19050.5 - Place of Execution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An elector's registration as a voter is valid
					 notwithstanding the failure to complete the place of execution portion of the
					 Voter Registration Card. It shall not be inferred from this regulation that
					 failure to complete other portions of the Voter Registration Card necessarily
					 invalidates or does not invalidate that elector's registration as a
					 voter.
1. New
					 section filed 10-15-76 as an emergency; effective upon filing (Register 76, No.
					 42).
2. Repealed by operation of Section
					 11422.1(c),
					 Government Code (Register 77, No. 21).
3. New section filed 5-20-77;
					 effective thirtieth day thereafter (Register 77, No.
					 21).
Note: Authority cited for Sections
						19050.5-19050.7: Statutes 1975,
						Chapter 1119, Section
						4. Reference: Sections
						19055(a)(1) and
						19055(a)(3), Title
						2, California Administrative Code; Section
						500,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19050.6 - Requirements for Valid Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that the county clerk receives an affidavit of
					 registration that does not include portions of the information for which space
					 is provided, the county clerk or registrar of voters shall apply the following
					 rebuttable presumptions:
(a) If no
				  middle name or initial is shown, it shall be assumed that none
				  exists.
(b) If no occupation is
				  shown, it shall be presumed that the person is unemployed or has no
				  occupation.
(c) If no party
				  affiliation is shown, it shall be assumed that the registrant has "declined to
				  state" a party affiliation.
(d) If
				  the year of birth is omitted, it shall be presumed that the year of birth was
				  eighteen years or more prior to the date of the next succeeding election, in
				  accordance with the voter's statement under penalty of perjury that he or she
				  will be eighteen years of age at the time of the next election.
(e) If no prior registration is shown, it
				  shall be presumed that the person is not registered to vote in California. An
				  elector's affidavit of registration as a voter shall be valid notwithstanding
				  the failure to complete the information to which the above presumptions apply,
				  absent evidence rebutting the presumption.
(f) If the date of execution is omitted but:
(1) the affidavit is received in the office
				  of the county clerk, on or before the 29th day prior to the election;
				  or
(2) the registration affidavit
				  is postmarked on or before the 29th day prior to the election and arrives in
				  the office of the county clerk not later than four days after the 29th day, it
				  shall be presumed that the affidavit was executed on or before the 29th day
				  prior to the election.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19050.7 - Receipt of Affidavit of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided herein, a registration
					 affidavit delivered to the county clerk shall be deemed to have been received
					 for all purposes:
(a) On the date it
				  actually arrives in the office of the county clerk authorized to receive
				  registration affidavits, if subdivision (b) does not apply; or
(b) On the 29th day prior to an election
				  scheduled to be held in the county in which the affiant resides, provided that
				  the registration affidavit was executed by the voter on or before said 29th day
				  and arrives by mail in the office of the county clerk to whom it is addressed
				  not later than four days after said 29th day.
1. New
					 section filed 5-20-77; effective thirtieth day thereafter (Register 77, No.
					 21).
2. Amendment filed 6-30-77 as an emergency; effective upon
					 filing (Register 77, No. 27).
3. Certificate of Compliance filed
					 10-26-77 (Register 77, No. 44).
4. New subsection (b)(3) filed
					 9-27-78 as an emergency; effective upon filing (Register 78, No.
					 39).
5. Expired by own terms (Register 79, No. 38).
6.
					 New subsection (b)(3) filed 9-21-79 as an emergency; effective upon filing
					 (Register 79, No. 38). A Certificate of Compliance must be filed within 120
					 days or emergency language will be repealed on 1-19-80.
7. Expired
					 by own terms (Register 80, No. 15).
8. Amendment filed 6-8-84;
					 effective thirtieth day thereafter (Register 84, No.
					 23).
Note: Authority cited: Section
						12172.5,
						Government Code. Reference: Sections
						301 and
						305,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19050.8 - Registration Affidavit: Secretary of State Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Registration affidavits printed by the
				  Secretary of State with the mailing address of the Secretary of State are
				  deemed to have been received by the county clerk upon arrival in the office of
				  the Secretary of State in the same manner as if received by a county clerk
				  under Elections Code Sections
				  301 and
				  311.
For affidavits referred to in subsection (a)
					 above:
(b) Within one
				  working day, the Secretary of State shall transmit the affidavit to the clerk
				  of the county of affiant's residence, as stated on the affidavit.
1. New
					 section filed 4-11-80 as an emergency; effective upon filing (Register 80, No.
					 15). A Certificate of Compliance must be transmitted to OAH within 120 days or
					 emergency language will be repealed on 8-10-80.
2. Certificate of
					 Compliance transmitted to OAL 8-7-80 and filed 8-20-80 (Register 80, No.
					 34).
Note: Authority cited: Section
						12172.5,
						Government Code. Reference: Sections
						301 and
						311,
						Elections Code.
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19051 - Provision by Secretary of State. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 5-20-77; effective thirtieth day thereafter (Register 77, No.
					 21).
2. Amendment filed 9-16-77 as an emergency; effective upon
					 filing (Register 77, No. 38).
3. Certificate of Compliance filed
					 1-6-78 (Register 78, No. 1).
4. Order of Repeal filed 6-3-85 by OAL
					 pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19052 - Official Affidavits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only those affidavits of registration provided by the
					 Secretary of State through the county clerks shall be used for the registration
					 of voters pursuant to Elections Code Section
					 301. Such
					 voter registration cards shall not be altered, defaced, or changed in any way,
					 other than by the insertion of a mailing address and the affixing of postage,
					 if mailed, or as otherwise specifically authorized by the Secretary of State,
					 prior to distribution to prospective registrants, nor shall the affidavit
					 portion of the voter registration cards be marked, stamped, or partially or
					 fully completed by anyone other than an elector attempting to register to vote
					 or by another person assisting such elector after being requested by such
					 elector to assist in completing the affidavit.
1. Amendment
					 filed 5-20-77; effective thirtieth day thereafter (Register 77, No.
					 21).
2. Amendment filed 9-16-77 as an emergency; effective upon
					 filing (Register 77, No. 38).
3. Certificate of Compliance filed
					 1-6-78 (Register 78, No. 1).
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19053 - Ninety Day Request Period for Shipments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The forms prescribed by Elections Code Sections
					 500,
					 506, and
					 508 shall
					 be supplied by the Secretary of State to the county clerks as requested by the
					 clerks ninety days prior to the desired date of receipt.
1. Amendment
					 filed 5-20-77; effective thirtieth day thereafter (Register 77, No.
					 21).
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19054 - Quantities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-3-76 as an emergency; designated effective 6-27-76 (Register 76, No.
					 22).
2. Reinstatement of section as it existed prior to emergency
					 amendment filed 6-3-76, by operation of Section
					 11422.1(b),
					 Government Code (Register 77, No. 21).
3. Amendment filed 5-20-77;
					 effective thirtieth day thereafter (Register 77, No. 21).
4. Order
					 of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No.
					 26).
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19055 - Voter Registration Card

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Postal Forms
(1) Affidavit of Registration Portion
Click
					 here to view image
(2) Reverse Side of Affidavit.
Click
					 here to view image
(3) Instructional Portion (English).
Click
					 here to view image
Instructional Portion (Spanish).
Click
					 here to view image
(4) Informational Portion
Click
					 here to view image
(5) Reverse Side of Spanish Instructions
				  (sent to voter upon verbal or written request).
Click
					 here to view image
California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 1 - Voter Registration › Article 2 - Postal Registration of Voters › Section 19057 - Reporting Requirement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 6-8-84; effective thirtieth day thereafter (Register 84, No.
					 23).
Note: Authority cited: Section
						12172.5,
						Government Code. Reference: Sections
						500,
						506 and
						508,
						Elections Code.