California Elections Code

This is an unofficial copy of the California Elections Code, as of March. 6, 2007.

With this web page, you can search the entire code at once, rather than having to search each section separately. In addition, this copy also has next and previous links making it easier to scan quickly. However, the Elections Code is long and may not be practical to down load over dial-up connections. The detailed census track descriptions of districts in Division 21 have been omitted to make this web page load faster.

CALIFORNIA ELECTIONS CODE

TABLE OF CONTENTS

ELECTIONS CODE DIVISION 0.5. PRELIMINARY PROVISIONS CHAPTER 1. GENERAL PROVISIONS ..................................... 1-17 CHAPTER 2. PETITIONS AND PETITION SIGNERS ........................ 100-106 CHAPTER 3. NOMINATIONS ........................................... 200-201 CHAPTER 4. DEFINITIONS ........................................... 300-362

DIVISION 1. ESTABLISHED ELECTION DATES CHAPTER 1. ELECTION DATES ...................................... 1000-1003 CHAPTER 2. ELECTION DAY ........................................... 1100 CHAPTER 3. STATEWIDE ELECTIONS ................................. 1200-1202 CHAPTER 4. LOCAL ELECTIONS ..................................... 1300-1304 CHAPTER 5. SPECIAL ELECTIONS ................................... 1400-1415 CHAPTER 6. MAIL BALLOT ELECTIONS .................................. 1500

DIVISION 2. VOTERS CHAPTER 1. VOTER QUALIFICATIONS Article 1. General Provisions .................................... 2000 Article 2. Determination of Residence and Domicile ............ 2020-2035 Article 3. Visually Impaired Voters ........................... 2050-2053 CHAPTER 2. REGISTRATION Article 1. General Provisions ................................. 2100-2124 Article 2. Reimbursable Voter Outreach Costs .................. 2130-2131 Article 3. Registration Procedures ............................ 2135-2143 Article 3.5. Student Voter Registration ....................... 2145-2146 Article 4. Forms .............................................. 2150-2168 Article 5. Voter Registration Index ........................... 2180-2194 CHAPTER 3. CANCELLATION AND VOTER FILE MAINTENANCE Article 1. General Provisions ................................. 2200-2213 Article 2. Residency Confirmation Procedures .................. 2220-2226 Article 3. Reimbursable File Maintenance ...................... 2240-2241 CHAPTER 4. MOTOR VOTER ............................................ 2250 CHAPTER 5. VOTER BILL OF RIGHTS ................................... 2300

DIVISION 3. ABSENTEE VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING CHAPTER 1. ABSENTEE APPLICATION AND VOTING PROCEDURES .......... 3000-3024 CHAPTER 2. SPECIAL ABSENTEE APPLICATION AND VOTING PROCEDURES .. 3100-3112 CHAPTER 3. PERMANENT ABSENTEE APPLICATION AND VOTING PROCEDURES 3200-3206 CHAPTER 4. FEDERAL ABSENTEE APPLICATION AND VOTING PROCEDURES .. 3300-3311 CHAPTER 5. NEW RESIDENTS APPLICATION AND VOTING PROCEDURES ..... 3400-3408 CHAPTER 6. NEW CITIZENS APPLICATION AND VOTING PROCEDURES ...... 3500-3503

DIVISION 4. MAIL BALLOT ELECTIONS CHAPTER 1. CONDITIONS FOR MAIL BALLOT ELECTION ................. 4000-4004 CHAPTER 2. CONDUCT OF MAIL BALLOT ELECTIONS .................... 4100-4108

DIVISION 5. POLITICAL PARTY QUALIFICATIONS CHAPTER 1. NEW PARTY QUALIFICATIONS ............................ 5000-5006 CHAPTER 2. PARTIES QUALIFIED TO PARTICIPATE IN THE PRIMARY ELECTION ............................................ 5100-5102 CHAPTER 3. DISQUALIFICATION OF POLITICAL PARTIES .................. 5200

DIVISION 6. PRESIDENTIAL ELECTIONS PART 1. PARTISAN PRESIDENTIAL PRIMARIES CHAPTER 1. DEMOCRATIC PRESIDENTIAL PRIMARY Article 1. General Provisions ................................ 6000-6005 Article 2. Number and Certification of Delegates and Alternates ........................................ 6020-6024 Article 3. Selection of Candidates by the Secretary of State 6040-6043 Article 4. Qualification of Candidates and Uncommitted Delegations ....................................... 6060-6061 Article 5. Steering Committees ............................... 6080-6087 Article 6. Nomination Papers ................................. 6100-6108 Article 7. Circulators ....................................... 6122-6123 Article 8. Arrangement and Examination of Nomination Papers .. 6140-6146 Article 9. Notification of Qualification from Secretary of State 6160 Article 10. Certified List of Candidates and Uncommitted Delegations, Notice of Election ..................... 6180 Article 11. Selection of Delegates and Alternates ............ 6200-6201 Article 12. Canvass of Returns and Certificate of Selection .. 6220-6222 Article 13. Write-in Candidates .............................. 6240-6241 CHAPTER 2. REPUBLICAN PRESIDENTIAL PRIMARY Article 1. General Provisions ................................... 6300 Article 2. Number and Certification of Delegates ............. 6320-6323 Article 3. Selection of Candidates by the Secretary of State 6340-6343 Article 4. Nomination Papers ................................. 6360-6365 Article 5. Circulators ....................................... 6382-6383 Article 6. Arrangement and Examination of Nomination Papers .. 6400-6406 Article 7. Canvass of Returns. Certificate of Election ...... 6420-6422 Article 8. Write-in Candidates ............................... 6440-6443 Article 9. Selection of Delegates ............................ 6460-6461 Article 10. Republican Presidential Primary Ballot .............. 6480 CHAPTER 3. AMERICAN INDEPENDENT PARTY PRESIDENTIAL PRIMARY Article 1. General Provisions ................................ 6500-6502 Article 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot .............. 6520-6524 Article 3. Determination of Number of Delegates to National Convention ........................................ 6540-6543 Article 4. Qualification of Groups of Candidates for Delegate Selection Portion of Primary Ballot ............... 6560-6568 Article 5. Preparation, Circulation, and Filing of Nomination Papers ............................................ 6580-6599 Article 6. American Independent Presidential Primary Ballot .. 6620-6621 Article 7. Postelection Proceedings .......................... 6640-6647 CHAPTER 4. PEACE AND FREEDOM PARTY PRESIDENTIAL PRIMARY Article 1. General Provisions ................................ 6700-6702 Article 2. Qualification of Candidates for Presidential Preference Portion of Primary Ballot .............. 6720-6726 Article 3. Determination of Number to National Convention .... 6740-6745 Article 4. Qualification of Group of Candidates for National Convention Delegate Portion of Primary Ballot ..... 6760-6769 Article 5. Preparation, Circulation and Filing of Nominating Papers ............................................ 6780-6798 Article 6. Peace and Freedom Party Presidential Primary Ballot 6820-6822 Article 7. Certification of National Convention Delegates Elected and Postelection Proceedings .............. 6840-6849 PART 2. ELECTIONS FOR PRESIDENTIAL ELECTORS CHAPTER 1. GENERAL PROVISIONS ................................. 6900-6909 CHAPTER 2. DUTIES OF THE SECRETARY OF STATE ................... 6950-6954

DIVISION 7. POLITICAL PARTY ORGANIZATION AND CENTRAL COMMITTEE ELECTIONS PART 1. DUTIES OF THE SECRETARY OF STATE CHAPTER 1. MAINTENANCE OF RECORDS OF MEMBERSHIP OF STATE AND COUNTY CENTRAL COMMITTEES PART 2. DEMOCRATIC PARTY CHAPTER 1. GENERAL PROVISIONS .................................... 7050 CHAPTER 2. PRESIDENTIAL ELECTORS ................................. 7100 CHAPTER 3. STATE CENTRAL COMMITTEE Article 1. Members ........................................... 7150-7171 Article 2. Meetings ............................................. 7180 Article 3. Proxies ........................................... 7185-7188 Article 4. General Business .................................. 7190-7198 CHAPTER 4. COUNTY CENTRAL COMMITTEE Article 1. Members ........................................... 7200-7216 Article 2. Elections ......................................... 7225-7229 Article 3. Meetings .......................................... 7235-7236 Article 4. General Business .................................. 7240-7244 PART 3. REPUBLICAN PARTY CHAPTER 1. GENERAL PROVISIONS .................................... 7250 CHAPTER 2. PRESIDENTIAL ELECTORS ................................. 7300 CHAPTER 3. STATE CENTRAL COMMITTEE Article 1. Members ........................................... 7350-7366 Article 2. Proxies ........................................... 7375-7379 Article 3. General Business .................................. 7380-7389 CHAPTER 4. COUNTY CENTRAL COMMITTEE Article 1. Members ........................................... 7400-7414 Article 2. Election .......................................... 7420-7424 Article 3. Meetings .......................................... 7430-7431 Article 4. General Business .................................. 7440-7444 Article 5. District Committees ............................... 7460-7470 PART 4. AMERICAN INDEPENDENT PARTY CHAPTER 1. GENERAL PROVISIONS .................................... 7500 CHAPTER 2. STATE CONVENTION Article 1. Delegates ......................................... 7550-7561 Article 2. Meetings ............................................. 7570 Article 3. General Business .................................. 7575-7580 CHAPTER 3. STATE CENTRAL COMMITTEE Article 1. Members ........................................... 7600-7614 Article 2. Meetings ............................................. 7620 Article 3. Proxies .............................................. 7628 Article 4. General Business .................................. 7635-7645 CHAPTER 4. COUNTY CENTRAL COMMITTEE Article 1. Members ........................................... 7650-7661 Article 2. Election .......................................... 7670-7674 Article 3. Meetings .......................................... 7680-7683 Article 4. General Business .................................. 7690-7695 PART 5. PEACE AND FREEDOM PARTY CHAPTER 1. GENERAL PROVISIONS .................................... 7700 CHAPTER 2. MEMBERS OF CENTRAL COMMITTEES Article 1. Members ........................................... 7750-7755 Article 2. Election .......................................... 7770-7783 CHAPTER 3. STATE CENTRAL COMMITTEE Article 1. Members ........................................... 7800-7805 Article 2. Meetings ............................................. 7820 Article 3. General Business .................................. 7830-7843 CHAPTER 4. COUNTY CENTRAL COMMITTEE Article 1. Members ........................................... 7850-7857 Article 2. Meetings .......................................... 7870-7871 Article 3. General ........................................... 7880-7884

DIVISION 8. NOMINATIONS PART 1. PRIMARY ELECTION NOMINATIONS CHAPTER 1. DIRECT PRIMARY Article 1. General Provisions ................................ 8000-8004 Article 2. Nomination Documents .............................. 8020-8028 Article 3. Form of Nomination Documents ...................... 8040-8041 Article 4. Circulation and Signatures--Nomination Documents .. 8060-8070 Article 5. Verification of Nomination Signatures ............. 8080-8084 Article 6. Nomination Papers. Place of Filing. Fees ........ 8100-8107 Article 7. Certified List of Candidates ...................... 8120-8125 Article 8. Nominated Candidates .............................. 8140-8150 CHAPTER 2. JUDICIAL OFFICERS Article 1. Distinguishing Number on Ballot ................... 8200-8204 Article 2. Adoption of Subdivision (d) of Section 16 of Article VI of the California Constitution ......... 8220-8228 PART 2. INDEPENDENT NOMINATIONS CHAPTER 1. GENERAL PROVISIONS ................................. 8300-8304 CHAPTER 3. NOMINATION PAPERS .................................. 8400-8409 CHAPTER 4. CIRCULATORS ........................................ 8451-8454 CHAPTER 5. ARRANGEMENT AND EXAMINATION OF NOMINATION PAPERS ... 8500-8504 CHAPTER 6. AFFIDAVIT OF CANDIDATE ................................ 8550 PART 3. WRITE-IN CANDIDATES CHAPTER 1. GENERAL ............................................ 8600-8605 CHAPTER 2. PRESIDENTIAL ELECTORS .............................. 8650-8653 CHAPTER 3. TERM LIMITS ........................................... 8700 PART 4. WITHDRAWAL OF CANDIDATES: VACANCIES ................... 8800-8811

DIVISION 9. MEASURES SUBMITTED TO THE VOTERS CHAPTER 1. STATE ELECTIONS Article 1. Initiative and Referendum Petitions ................ 9000-9015 Article 2. Petition Signatures ................................ 9020-9022 Article 3. Filing Petitions ................................... 9030-9035 Article 4. Measures Proposed by the Legislature ............... 9040-9044 Article 5. Ballot Titles ...................................... 9050-9054 Article 6. Arguments Concerning Measures Submitted to Voters .. 9060-9069 Article 7. Ballot Pamphlet .................................... 9080-9096 CHAPTER 2. COUNTY ELECTIONS Article 1. Initiative ......................................... 9100-9126 Article 2. Referendum ......................................... 9140-9147 Article 3. Arguments Concerning County Measures ............... 9160-9168 Article 4. Mailings .............................................. 9180 Article 5. Public Examinations ................................... 9190 CHAPTER 3. MUNICIPAL ELECTIONS Article 1. Initiative ......................................... 9200-9226 Article 2. Referendum ......................................... 9235-9247 Article 3. City or City and County Charters ................... 9255-9269 Article 4. Arguments Concerning City Measures ................. 9280-9287 Article 5. Mailings .............................................. 9290 Article 6. Public Examination .................................... 9295 CHAPTER 4. DISTRICT ELECTIONS Article 1. Initiative ......................................... 9300-9323 Article 2. Referendum ......................................... 9340-9342 Article 3. Mailings .............................................. 9360 Article 4. Public Examination .................................... 9380 CHAPTER 5. BOND ISSUES ......................................... 9400-9405 CHAPTER 6. SCHOOL DISTRICT ELECTIONS ........................... 9500-9509 CHAPTER 7. GENERAL PROVISIONS .................................. 9600-9610

DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS PART 1. GENERAL PROVISIONS CHAPTER 1. VOTERS AND PROCEDURE ............................. 10000-10004 PART 2. MUNICIPAL ELECTIONS CHAPTER 1. GENERAL PROVISIONS ............................... 10100-10104 CHAPTER 2. REGULATIONS GOVERNING ELECTIONS IN CITIES Article 1. General Provisions .............................. 10200-10202 Article 1.2. The Congressional Term Limits Act ........ 10204.1-10204.11 Article 2. Nomination of Candidates ........................ 10220-10230 Article 3. Conduct of Elections ............................ 10240-10243 Article 4. Canvass of Ballots and Returns .................. 10260-10266 CHAPTER 3. EMERGENCY ELECTIONS IN CITIES .................... 10300-10312 PART 3. CONSOLIDATION OF ELECTIONS ........................... 10400-10418 PART 4. UNIFORM DISTRICT ELECTION LAW ........................ 10500-10556 PART 5. SCHOOL DISTRICT AND COMMUNITY COLLEGE DISTRICT GOVERNING BOARD ELECTIONS ............................ 10600-10604 PART 6. ELECTIONS TO FILL VACANCIES CHAPTER 1. NOMINATION OF CANDIDATES FOR LEGISLATIVE AND CONGRESSIONAL OFFICES AT SPECIAL ELECTIONS ....... 10700-10707 CHAPTER 2. VACANCY IN SENATE ..................................... 10720 CHAPTER 3. VACANCIES IN CONGRESSIONAL OFFICES CAUSED BY CATASTROPHE ...................................... 10730-10734

DIVISION 11. RECALL ELECTIONS CHAPTER 1. GENERAL PROCEDURES: GENERAL PROVISIONS AND INITIAL STEPS IN THE RECALL Article 1. General Provisions ............................... 11000-11007 Article 2. The Notice of Intention, Statement, and Answer ... 11020-11024 Article 3. Recall Petition .................................. 11040-11047 CHAPTER 2. RECALL OF STATE OFFICERS: INTERMEDIATE STEPS IN THE RECALL ........................................ 11100-11110 CHAPTER 3. RECALL OF LOCAL OFFICERS: INTERMEDIATE STEPS IN THE RECALL Article 1. General Provisions ............................... 11200-11201 Article 2. Recall Petitions ................................. 11220-11227 Article 3. The Recall Election .............................. 11240-11242 CHAPTER 4. GENERAL PROCEDURES: FINAL STEPS IN THE RECALL Article 1. General Provisions ............................... 11300-11303 Article 2. Ballots .......................................... 11320-11327 Article 3. Elections in General ............................. 11328-11329 Article 4. Recall Elections ................................. 11381-11386

DIVISION 12. PREELECTION PROCEDURES CHAPTER 1. PROCLAMATIONS AND ELECTION ORDERS ................. 12000-12001 CHAPTER 2. PREELECTION NOTICES ............................... 12101-12113 CHAPTER 3. PRECINCTS Article 1. General Provisions .................................... 12200 Article 2. Precinct Formation ............................... 12220-12225 Article 3. Precinct Consolidations ............................... 12241 Article 4. Precinct Boundary Changes ........................ 12260-12262 Article 5. Polling Places ................................... 12280-12288 CHAPTER 4. PRECINCT BOARDS Article 1. General Provisions ............................... 12300-12327

DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS CHAPTER 1. PURCHASING PROCEDURES ............................. 13000-13007 CHAPTER 2. FORMS OF BALLOTS: BALLOT ORDER ................... 13100-13121 CHAPTER 3. BALLOT PRINTING SPECIFICATIONS Article 1. General Provisions ............................... 13200-13220 Article 2. Allowable Changes in Ballot Format and Printing .. 13230-13233 Article 3. Vote Tabulating Devices .......................... 13240-13247 Article 4. Punchcards ....................................... 13260-13267 Article 5. Voting Machines .................................. 13280-13289 CHAPTER 4. SAMPLE BALLOTS AND VOTER PAMPHLETS ................ 13300-13317

DIVISION 14. ELECTION DAY PROCEDURES CHAPTER 1. PRIVILEGES OF VOTERS .............................. 14000-14003 CHAPTER 1.5. RIGHTS OF VOTERS ................................ 14025-14032 CHAPTER 2. PRECINCT SUPPLIES ................................. 14100-14113 CHAPTER 3. PROCEDURES AT POLLS Article 1. Election Day Posting Requirements ................ 14200-14203 Article 2. Election Day Procedures .......................... 14210-14227 Article 3. Challenging a Voter .............................. 14240-14253 Article 4. Issuing Ballots and Voting ....................... 14270-14299 Article 5. Provisional Voting ............................... 14310-14312 CHAPTER 4. CLOSING OF THE POLLS Article 1. General Provisions ............................... 14400-14405 Article 2. Elections Using Voting Systems ................... 14420-14421 Article 3. Return of Supplies to the Clerk .................. 14430-14435 Article 4. Snap Tallies ..................................... 14440-14443

DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS, RECOUNT, AND TIE VOTE PROCEDURES CHAPTER 1. PREPARATION FOR CANVASS ........................... 15000-15004 CHAPTER 2. ABSENTEE BALLOT PROCESSING ........................ 15100-15112 CHAPTER 3. SEMIFINAL OFFICIAL CANVASS Article 1. General Provisions ............................... 15150-15154 Article 2. Automated Count in a Central Location ............ 15200-15213 Article 3. Automated Vote Count in Precincts ................ 15250-15251 Article 4. Establishing Election Return Centers and Multiple Counting Centers ................................. 15260-15261 Article 5. Manual Vote Count in the Precinct ................ 15270-15281 Article 6. Manual Vote Count in a Central Place .................. 15290 CHAPTER 4. OFFICIAL CANVASS Article 1. General Provisions ............................... 15300-15304 Article 2. Processing Absentee Ballots and Mail Ballot Precinct Ballots ................................. 15320-15321 Article 3. Processing Write-In Votes ........................ 15340-15342 Article 4. Processing and Counting Provisional Ballots ........... 15350 Article 5. One Percent Manual Tally .............................. 15360 Article 6. Ballot Security and Reporting of Results ......... 15370-15376 CHAPTER 5. ANNOUNCEMENT OF RESULTS ........................... 15400-15402 CHAPTER 6. DETERMINATION OF ELECTED OR NOMINATED CANDIDATES Article 1. General Provisions ............................... 15450-15452 Article 2. Democratic Central Committee Conditions for Election of Candidate ................................. 15460 Article 3. Republican Central Committee Conditions for Election of Candidate ................................. 15470 Article 4. American Independent Central Committee Conditions for Election of Candidate ............................. 15480 Article 5. Peace and Freedom Central Committee Conditions for Election of Candidate ................................. 15490 CHAPTER 7. DUTIES OF THE SECRETARY OF STATE .................. 15500-15505 CHAPTER 8. DISPOSITION OF BALLOTS AND SUPPLIES BY THE ELECTIONS OFFICIAL ................................ 15550-15551 CHAPTER 9. RECOUNT Article 1. General Provisions ............................... 15600-15601 Article 2. Elections Official-Ordered Recounts ................... 15610 Article 3. Voter-Requested Recounts ......................... 15620-15634 Article 4. Court-Ordered Recounts ........................... 15640-15642 CHAPTER 10. TIE VOTES Article 1. Elections Other than Primary Elections ........... 15650-15654 Article 2. At Primary Elections ............................. 15670-15673 CHAPTER 11. EXTENSION OF DEADLINES ........................... 15700-15702

DIVISION 16. ELECTIONS CONTESTS CHAPTER 1. GENERAL PROVISIONS ................................ 16000-16003 CHAPTER 2. GROUNDS FOR CONTEST ............................... 16100-16101 CHAPTER 3. CONTESTS AT GENERAL ELECTIONS ..................... 16200-16204 CHAPTER 4. CONTESTS AT PRIMARY ELECTIONS .......................... 16300 CHAPTER 5. FORM OF CONTEST STATEMENT Article 1. General Elections ................................ 16400-16404 Article 2. Primary Elections ................................ 16420-16421 Article 3. Contests Other than Recount ...................... 16440-16444 Article 4. Contests Involving a Recount ..................... 16460-16467 CHAPTER 6. ELECTIONS OFFICIAL'S DUTIES Article 1. Contest Procedures at General Elections .......... 16500-16503 Article 2. Contest Procedures at Primary Elections: Contests Other than Recount ...................... 16520-16521 Article 3. Contest Procedures at Primary Elections: Involving a Recount ................................... 16540 CHAPTER 7. COURT'S DUTIES Article 1. General Elections ................................ 16600-16603 Article 2. Primary Elections: Contests Other than Recount ....... 16620 Article 3. Primary Elections: Contests Involving a Recount 16640-16643 CHAPTER 8. COURT'S DECISIONS, JUDGMENT, AND DETERMINATIONS Article 1. General Elections ................................ 16700-16703 Article 2. Primary Elections: Other than Recount ................ 16720 Article 3. Primary Elections: Involving a Recount .......... 16740-16742 CHAPTER 9. COSTS ............................................. 16800-16803 CHAPTER 10. APPEALS Article 1. General Elections ..................................... 16900 Article 2. Primary Elections: Other than a Recount .............. 16920 Article 3. Primary Elections: Involving a Recount ............... 16940

DIVISION 17. RETENTION AND PRESERVATION OF ELECTION RECORDS CHAPTER 1. AFFIDAVITS OF REGISTRATION AND VOTER REGISTRATION INDEXES ........................................... 17000-17001 CHAPTER 2. NOMINATION DOCUMENTS ................................... 17100 CHAPTER 3. INITIATIVE AND REFERENDUM PETITIONS .................... 17200 CHAPTER 4. PRECINCT SUPPLIES AND BALLOTS ..................... 17300-17306 CHAPTER 5. RECALL PETITIONS ....................................... 17400 CHAPTER 6. MISCELLANEOUS PROVISIONS .......................... 17501-17506

DIVISION 18. PENAL PROVISIONS CHAPTER 1. GENERAL PROVISIONS ................................ 18000-18002 CHAPTER 2. VOTER REGISTRATION ................................ 18100-18110 CHAPTER 3. NOMINATION OF CANDIDATES .......................... 18200-18205 CHAPTER 4. ELECTION CAMPAIGNS Article 1. Campaign Literature .............................. 18301-18304 Article 2. Political Party Caucuses ......................... 18310-18311 Article 3. Deceptive Online Activities ...................... 18320-18323 Article 4. Political Meetings .................................... 18340 Article 5. Misrepresentation by Candidates .................. 18350-18351 Article 6. Solicitation of Funds ............................ 18360-18361 Article 7. Electioneering ................................... 18370-18371 Article 8. Vandalism at Polling Places ........................... 18380 Article 9. Misuse of State Publications .......................... 18390 CHAPTER 5. BALLOTS ........................................... 18400-18403 CHAPTER 6. CORRUPTION OF THE VOTING PROCESS Article 1. General Provisions ............................... 18500-18502 Article 2. Corruption of Voters ............................. 18520-18524 Article 3. Intimidation of Voters ........................... 18540-18546 Article 4. Corruption of Voting ............................. 18560-18578 CHAPTER 7. INITIATIVE, REFERENDUM, AND RECALL Article 1. Improper Signature-Gathering Tactics ............. 18600-18603 Article 2. False or Ineligible Signatures on Petition ....... 18610-18614 Article 3. Improper Payments to Prevent Petition Circulation and Filing ....................................... 18620-18622 Article 4. Threats and Theft to Prevent Petition Circulation and Filing ....................................... 18630-18631 Article 5. Refusal of Circulators to Turn in Petitions ........... 18640 Article 6. Misuse of Signatures on Petition ...................... 18650 Article 7. False Affidavits Concerning Petitions ............ 18660-18661 Article 8. Filing Petitions to Defeat an Initiative or Referendum ....................................... 18670-18671 Article 9. Misuse of Campaign Funds .............................. 18680 CHAPTER 8. OBLIGATIONS OF PRECINCT BOARD .......................... 18700

DIVISION 19. APPROVAL OF VOTING SYSTEMS CHAPTER 1. GENERAL PROVISIONS ................................ 19001-19005 CHAPTER 2. SECRETARY OF STATE REQUIREMENTS ................... 19100-19103 CHAPTER 3. APPROVAL OF VOTING SYSTEMS Article 1. Procedures for Approval of Voting Systems ........ 19200-19216 Article 2. Inspection of Approved Voting Systems ............ 19220-19223 Article 2.5. Accessible Voting Systems .................... 19225-19229.5 Article 3. Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) .......................... 19230-19245 Article 4. Direct Recording Electronic Voting Systems ....... 19250-19254 CHAPTER 4. ELECTIONS USING VOTING MACHINES Article 1. General Provisions ............................... 19300-19304 Article 2. Pre-election Procedures .......................... 19320-19323 Article 3. Precincts and Board Members ...................... 19340-19341 Article 4. Procedures at the Polls .......................... 19360-19363 Article 5. Closing the Polls ................................ 19370-19371 Article 6. Counting Procedures .............................. 19380-19386

DIVISION 20. ELECTION CAMPAIGNS CHAPTER 1. ENDORSEMENTS OF CANDIDATES ........................ 20000-20010 CHAPTER 2. POLITICAL CORPORATIONS Article 1. Incorporation ......................................... 20100 CHAPTER 3. CAMPAIGN FUNDS Article 1. Solicitation ..................................... 20200-20203 CHAPTER 4. LIMITATIONS ON THE USE OF SURPLUS CAMPAIGN FUNDS ....... 20301 CHAPTER 5. FAIR CAMPAIGN PRACTICES Article 1. General Intent ........................................ 20400 Article 2. Definitions ........................................... 20420 Article 3. Code of Fair Campaign Practices .................. 20440-20444 CHAPTER 6. LIBEL AND SLANDER ................................. 20500-20502

DIVISION 21. STATE AND LOCAL REAPPORTIONMENT CHAPTER 1. GENERAL PROVISIONS ................................ 21000-21002 CHAPTER 2. SENATE DISTRICTS .................................. 21100-21140 CHAPTER 3. ASSEMBLY DISTRICTS ................................ 21200-21280 CHAPTER 4. BOARD OF EQUALIZATION DISTRICTS ................... 21300-21304 CHAPTER 5. CONGRESSIONAL DISTRICTS ........................... 21400-21453 CHAPTER 6. SUPERVISORIAL DISTRICTS ........................... 21500-21506 CHAPTER 7. CITY ELECTIONS Article 1. General Law Cities ............................... 21600-21606 Article 2. Chartered Cities ............................... 21620-21620.1 CHAPTER 8. SPECIAL DISTRICTS ...................................... 22000

TABLE OF CONTENTS

ELECTIONS CODE DIVISION 0.5. PRELIMINARY PROVISIONS CHAPTER 1. GENERAL PROVISIONS
Previous Top Next CA Codes (elec:1-17) ELECTIONS CODE
SECTION 1-17




1.  This act shall be known as the Elections Code.



2.  The provisions of this code, insofar as they are substantially
the same as existing statutory provisions relating to the same
subject matter, shall be construed as restatements and continuations,
and not as new enactments.


3.  If any provision of this code or the application thereof to any
person or circumstance is held invalid, the remainder of the code and
the application of that provision to other persons or circumstances
shall not be affected thereby.


4.  Unless the provision or the context otherwise requires, these
general provisions, rules of construction, and definitions shall
govern the construction of this code.



5.  Division, part, chapter, article, and section headings do not in
any manner affect the scope, meaning, or intent of this code.



6.  Whenever a power is granted to, or a duty is imposed upon, a
public officer, the power may be exercised or the duty may be
performed by a deputy of the officer or by a person authorized,
pursuant to law, by the officer, unless this code expressly provides
otherwise.



7.  Writing includes any form of recorded message capable of
comprehension by ordinary visual means.   Whenever any notice,
report, statement or record is required or authorized by this code,
it shall be made in writing in the English language unless it is
expressly provided otherwise.



8.  As used in this code, the present tense includes the past and
future tenses, and the future the present;  the masculine gender
includes the feminine;  and the singular includes the plural, and the
plural, the singular.


9.  (a) Counting of words, for purposes of this code, shall be as
follows:
   (1) Punctuation is not counted.
   (2) Each word shall be counted as one word except as specified in
this section.
   (3) All geographical names shall be considered as one word; for
example, "City and County of San Francisco" shall be counted as one
word.
   (4) Each abbreviation for a word, phrase, or expression shall be
counted as one word.
   (5) Hyphenated words that appear in any generally available
standard reference dictionary, published in the United States at any
time within the 10 calendar years immediately preceding the election
for which the words are counted, shall be considered as one word.
Each part of all other hyphenated words shall be counted as a
separate word.
   (6) Dates consisting of a combination of words and digits shall be
counted as two words.  Dates consisting only of a combination of
digits shall be counted as one word.
   (7) Any number consisting of a digit or digits shall be considered
as one word.  Any number which is spelled, such as "one," shall be
considered as a separate word or words.  "One" shall be counted as
one word whereas "one hundred" shall be counted as two words.  "100"
shall be counted as one word.
   (8) Telephone numbers shall be counted as one word.
   (9) Internet web site addresses shall be counted as one word.
   (b) This section shall not apply to counting words for ballot
designations under Section 13107.



10.  The Secretary of State is the chief elections officer of the
state, and has the powers and duties specified in Section 12172.5 of
the Government Code.


11.  On written call of the Secretary of State, the county elections
officials, city elections officials, and registrars of voters of
this state may meet with the approval of their legislative bodies, at
the time and place within this state designated in the call, to
discuss matters affecting the administration of the election laws and
to promote uniformity of procedure in those matters.   Meetings
shall not exceed three in any calendar year.  Any deputy of a county
elections official, city elections official, or registrar of voters,
designated for the purpose by his or her principal, may attend these
meetings, alone or with his or her principal.  The actual and
necessary expenses of the county elections official, city elections
official, or registrar of voters, and of a deputy, incurred in
traveling to and from meetings and in attending the same, for each
officer for any one meeting, shall be a charge of the county or city
of the elections official or registrar, and payable as other county
or city charges.


12.  Whenever any candidate files a declaration of candidacy,
nomination paper, or any other paper evidencing an intention to be a
candidate for any public office at any election in this state with
either the Secretary of State or a county elections official, the
candidate shall by the filing irrevocably appoint the Secretary of
State or the county elections official with whom the filing is made,
and their successors in office, the candidate's attorneys upon whom
all process in any action or proceeding against him or her concerning
his or her candidacy or the election laws may be served with the
same effect as if the candidate had been lawfully served with
process.  The appointment shall continue until the day of the
election.
   If in any action or proceeding arising out of or in connection
with any matters concerning his or her candidacy or the election laws
it is shown by affidavit to the satisfaction of a court or judge
that personal service of process against the candidate cannot be made
with the exercise of due diligence, the court or judge may make an
order that the service be made upon the candidate by delivering by
hand to the Secretary of State or the county elections official
appointed as the candidate's attorney for service of process, or to
any person employed in his or her office in the capacity of assistant
or deputy, one copy of the process for the defendant to be served,
together with a copy of the order authorizing the service.  Service
in this manner constitutes personal service upon the candidate.   The
Secretary of State and the county elections officials of all
counties shall keep a record of all process served upon them under
this section, and shall record therein the time of service and their
action with reference thereto.
   Upon the receipt of service of process the Secretary of State or
the county elections official shall immediately give notice of the
service of the process to the candidate by forwarding the copy of the
process to the candidate at the address shown on his or her
declaration, nomination paper, affidavit, or other evidence of
intention to be a candidate filed with that officer, by special
delivery registered mail with request for return receipt.



13.  (a) No person shall be considered a legally qualified candidate
for any office or party nomination for a partisan office under the
laws of this state unless that person has filed a declaration of
candidacy or statement of write-in candidacy with the proper official
for the particular election or primary, or is entitled to have his
or her name placed on a general election ballot by reason of having
been nominated at a primary election, or having been selected to fill
a vacancy on the general election ballot as provided in Section
8806, or having been selected as an independent candidate pursuant to
Section 8304.
   (b) Nothing in this section shall be construed as preventing or
prohibiting any qualified voter of this state from casting a ballot
for any person by writing the name of that person on the ballot, or
from having that ballot counted or tabulated, nor shall any provision
of this section be construed as preventing or prohibiting any person
from standing or campaigning for any elective office by means of a
"write-in" campaign.  However, nothing in this section shall be
construed as an exception to the requirements of Section 15341.
   (c) It is the intent of the Legislature, in enacting this section,
to enable the Federal Communications Commission to determine who is
a "legally qualified candidate" in this state for the purposes of
administering Section 315 of Title 47 of the United States Code.



13.5.  (a) (1) Notwithstanding subdivision (a) of Section 13, no
person shall be considered a legally qualified candidate for any of
the offices set forth in subdivision (b) unless that person has filed
a declaration of candidacy, nomination papers, or statement of
write-in candidacy, accompanied by documentation, including, but not
necessarily limited to, certificates, declarations under penalty of
perjury, diplomas, or official correspondence, sufficient to
establish, in the determination of the official with whom the
declaration or statement is filed, that the person meets each
qualification established for service in that office by the provision
referenced in subdivision (b).
   (2) The provision of "documentation," for purposes of compliance
with the requirements of paragraph (1), may include the submission of
either an original, as defined in Section 255 of the Evidence Code,
or a duplicate, as defined in Section 260 of the Evidence Code.
   (b) This section shall be applicable to the following offices and
qualifications therefor:
   (1) For the office of county auditor, the qualifications set forth
in Sections 26945 and 26946 of the Government Code.
   (2) For the office of county district attorney, the qualifications
set forth in Sections 24001 and 24002 of the Government Code.
   (3) For the office of county sheriff, the qualifications set forth
in Section 24004.3 of the Government Code.
   (4) For the office of county superintendent of schools, the
qualifications set forth in Sections 1205 to 1208, inclusive, of the
Education Code.
   (5) For the office of judge of the superior court, the
qualifications set forth in Section 15 of Article VI of the
California Constitution.
   (6) For the office of county treasurer, county tax collector, or
county treasurer-tax collector, the qualifications set forth in
Section 27000.7 of the Government Code, provided that the board of
supervisors has adopted the provisions of that section pursuant to
Section 27000.6 of the Government Code.



14.  In case of a disaster in which a portion or all of the voting
records of any county are destroyed, the Governor may appoint an
election commission to outline and recommend procedures to be
followed in the conduct of regular or special elections.  The
commission shall consist of the Governor, the Secretary of State, the
Attorney General, and the county elections official of each county
in which destruction occurs.



15.  Notwithstanding any other provision of law, if the last day for
the performance of any act provided for or required by this code
shall be a holiday, as defined in Chapter 7 (commencing with Section
6700) of Division 7 of Title 1 of the Government Code, the act may be
performed upon the next business day with the same effect as if it
had been performed upon the day appointed.
   For purposes of this section, the Friday in November immediately
after Thanksgiving Day shall be considered a holiday.



16.  A copy of Section 84305 of the Government Code shall be
provided by the elections official to each candidate or his or her
agent at the time of filing the declaration of candidacy and to the
proponents of a local initiative or referendum at the time of filing
the petitions.



17.  The Secretary of State shall establish and maintain
administrative complaint procedures, pursuant to the requirements of
the Help America Vote Act of 2002 (42 U.S.C. Sec. 15512), in order to
remedy grievances in the administration of elections.  The Secretary
of State may not require that the administrative remedies provided
in the complaint procedures established pursuant to this section be
exhausted in order to pursue any other remedies provided by state or
federal law.

CHAPTER 2. PETITIONS AND PETITION SIGNERS

Previous Top Next CA Codes (elec:100-106) ELECTIONS CODE
SECTION 100-106




100.  Notwithstanding any other provision of law, whenever any
initiative, referendum, recall, nominating petition or paper, or any
other petition or paper, is required to be signed by voters of any
county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign it.  Each
signer shall at the time of signing the petition or paper personally
affix his or her signature, printed name, and place of residence,
giving street and number, and if no street or number exists, then a
designation of the place of residence which will enable the location
to be readily ascertained.  A space at least one inch wide shall be
left blank after each name for the use of the elections official in
verifying the petition or paper.  The part of a petition for the
voters' signatures, printed names, and residence addresses and for
the blank spaces for verification purposes shall be numbered
consecutively commencing with the number one and continuing through
the number of signature spaces allotted to each section.  The
petition format shall be substantially in the following form:



Official
                                                                 Use
                                                                 Only


__________________________________________________________________
      '                           '                           '
  '
      '  (Print Name)             ' (Residence Address ONLY)  '
  '
      '                           '                           '
  '
      '  1.   ____________________  ' ________________________  '
'
      '       (Signature)         '   (City)                  '
  '
      '                           '                           '
  '
      '___________________________'___________________________'
________'
      '                           '                           '
  '
      '  (Print Name)             ' (Residence Address ONLY)  '
  '
      '                           '                           '
  '
      '  2.   ____________________  ' ________________________  '
'
      '       (Signature)         '   (City)                  '
  '
      '                           '                           '
  '
      '___________________________'___________________________'
________'



100.5.  Notwithstanding Section 100, a voter who is unable to
personally affix on a petition or paper the information required by
Section 100 may request another person to print the voter's name and
place of residence on the appropriate spaces of the petition or
paper, but the voter shall personally affix his or her mark or
signature on the appropriate space of the petition or paper, which
shall be witnessed by one person by subscribing his or her name
thereon.


101.  Notwithstanding any other provision of law, any state or local
initiative petition required to be signed by voters shall contain in
12-point type, prior to that portion of the petition for voters'
signatures, printed names, and residence addresses, the following
language:

      "NOTICE TO THE PUBLIC

THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER.   YOU HAVE THE RIGHT TO ASK."




102.  A person who is a voter or who is qualified to register to
vote in this state may circulate an initiative or referendum petition
in accordance with this code.  A person who is a voter may circulate
a recall petition in accordance with this code.



103.  Any voter who has signed an initiative, referendum or recall
petition pursuant to the Constitution or laws of this state shall
have his or her signature withdrawn from the petition upon filing a
written request therefor with the appropriate county elections
official or city elections official prior to the day the petition is
filed.



104.  (a) Wherever any petition or paper is submitted to the
elections official, each section of the petition or paper shall have
attached to it a declaration signed by the circulator of the petition
or paper, setting forth, in the circulator's own hand, the
following:
   (1) The printed name of the circulator.
   (2) The residence address of the circulator, giving street and
number, or if no street or number exists, adequate designation of
residence so that the location may be readily ascertained.
   (3) The dates between which all the signatures to the petition or
paper were obtained.
   (b) Each declaration submitted pursuant to this section shall also
set forth the following:
   (1) That the circulator circulated that section and witnessed the
appended signatures being written.
   (2) That according to the best information and belief of the
circulator, each signature is the genuine signature of the person
whose name it purports to be.
   (c) The circulator shall certify to the content of the declaration
as to its truth and correctness, under penalty of perjury under the
laws of the State of California, with the signature of his or her
name at length, including given name, middle name or initial, or
initial and middle name.   The circulator shall state the date and
the place of execution on the declaration immediately preceding his
or her signature.



105.  For purposes of verifying signatures on any initiative,
referendum, recall, nomination, or other election petition or paper,
the elections official shall determine that the residence address on
the petition or paper is the same as the residence address on the
affidavit of registration.  If the addresses are different, or if the
petition or paper does not specify the residence address, or, in the
case of an initiative or referendum petition, if the information
specified in Section 9020 is not contained in the petition, the
affected signature shall not be counted as valid.
   Any signature invalidated pursuant to this section shall not
affect the validity of other valid signatures on the particular
petition or paper.



106.  Notwithstanding any other provision of law:
   (a) Any registered voter who is a candidate for any office may
obtain signatures to and sign his or her own nomination papers.  The
candidate's signature shall be given the same effect as that of any
other qualified signer.
   (b) Any person engaged in obtaining signatures to the nomination
papers of a candidate for any office or to any recall, initiative or
referendum petition, may, if otherwise qualified to sign the papers
or petition, sign the papers or petition.  The signature of the
person shall be given the same effect as that of any other qualified
signer.

CHAPTER 3. NOMINATIONS

Previous Top Next CA Codes (elec:200-201) ELECTIONS CODE
SECTION 200-201




200.  Notwithstanding any provision of law to the contrary, there
shall be set forth in full in the declaration of candidacy required
for any primary or final election the oath or affirmation set forth
in Section 3 of Article XX of the Constitution.



201.  Unless otherwise specifically provided, no person is eligible
to be elected or appointed to an elective office unless that person
is a registered voter and otherwise qualified to vote for that office
at the time that nomination papers are issued to the person or at
the time of the person's appointment.

CHAPTER 4. DEFINITIONS

Previous Top Next CA Codes (elec:300-362) ELECTIONS CODE
SECTION 300-362




300.  (a) "Absent voter" means any voter casting a ballot in any way
other than at the polling place.
   (b) "Special absentee voter" means an elector who is any of the
following:
   (1) A member of the armed forces of the United States or any
auxiliary branch thereof.
   (2) A citizen of the United States temporarily living outside of
the territorial limits of the United States or the District of
Columbia.
   (3) Serving on a merchant vessel documented under the laws of the
United States.
   (4) A spouse or dependent of a member of the armed forces or any
auxiliary branch thereof.



301.  A "ballot" means any of the following:
   (a) A single card with prescored, number positions that is marked
by the voter with a punching device and the accompanying reference
page or pages containing the names of candidates and the ballot
titles of measures to be voted on with numbered positions
corresponding to the numbers on the card.
   (b) One or more cards upon which are printed the names of the
candidates and the ballot titles of measures to be voted on by
punching or marking in the designated area.
   (c) One or more sheets of paper upon which are printed the names
of candidates and the ballot titles of measures to be voted on by
marking the designated area and that are tabulated manually or by
optical scanning equipment.
   (d) A large sheet of paper upon which is printed the names of
candidates and ballot titles of measures to be voted on by pressing
the designated area on a direct-recording electronic device.
   (e) An electronic touchscreen upon which appears the names of
candidates and ballot titles of measures to be voted on by touching
the designated area on the screen of a direct-recording electronic
device.



302.  "Ballot card" means a card or a number of cards upon which are
printed, or identified by reference to the ballot, the names of
candidates for nomination or election to one or more offices or the
ballot titles of one or more measures.  The ballot card shall also
contain proper blank spaces to allow the voter to write in names not
printed on the ballot unless a separate write-in ballot is used.  The
separate write-in ballot may be a paper ballot, a card, or the
envelope used to enclose a ballot card.  Determination of the format
of a separate write-in ballot shall be within the discretion of the
elections board.  The separate write-in ballot shall provide a blank
space followed by the word "office" and a second blank space followed
by the word "name" for purposes of facilitating write-in votes for
offices for which write-in votes may be cast, or may provide a space
for writing in the name followed by a space for punching or slotting
in order that the vote may be tabulated.  All separate write-in
ballots may, in the discretion of the elections board, have attached
thereto two stubs that comply with Section 13261 regarding the stubs
attached to a ballot card, except that the information required under
subdivisions (c) through (g) of Section 13261 and instructions to
voters on how to vote for persons whose names do not appear on the
ballot may be printed on the write-in ballot and not upon a stub.
Any serial numbers appearing on the write-in ballot stubs need not be
identical to the serial numbers appearing on the stubs attached to
the ballot card or cards handed to the voter.  Sections 13002 through
13007 shall not apply to the preparation and composition of separate
write-in ballots authorized by this section.  Sections 14403 and
14404 shall not apply to separate write-in ballots used in an
election in which a punchcard voting system is used.



303.  "Ballot label," means that portion of cardboard, paper or
other material placed on the front of a voting machine, containing
the names of the candidates or a statement of a measure.



304.  "Campaign advertising or communication" means a communication
authorized by a candidate or a candidate's controlled committee, as
defined in Section 82016 of the Government Code, or by a committee
making independent expenditures, as defined in Section 82031 of the
Government Code, or by a committee formed primarily to support or
oppose a ballot measure, as defined in Section 82047.5 of the
Government Code, for the purpose of advocating the election or defeat
of a qualified candidate or ballot measure through any broadcasting
station, newspaper, magazine, outdoor advertising facility, direct
mailing, or any other type of general, public, political advertising.



305.  (a)"Candidate," for purposes of Section 2184, includes any
person who declares in writing, under penalty of perjury that he or
she is a candidate, naming the office.
   (b) "Candidate," as used in Article 1 (commencing with Section
20200) of Chapter 3 of Division 20, means an individual listed on the
ballot, or who has qualified to have write-in votes on his or her
behalf counted by election officials, for nomination or for election
to any elective state or local office, or who receives a contribution
or makes an expenditure or gives his or her consent for any other
person to receive a contribution or makes an expenditure with a view
to bringing about his or her nomination or election to any elective
state or local office, whether or not the specific elective office
for which he or she will seek nomination or election is known at the
time the contribution is received or the expenditure is made.   The
term "candidate" includes any officeholder who is subject to a recall
election.
   (c) "Candidate for public office," as used in Chapter 5
(commencing with Section 20400) of Division 20, means an individual
who has qualified to have his or her name listed on the ballot of any
election, or who has qualified to have written votes on his or her
behalf counted by election officials, for nomination for, or election
to, any state, regional, county, municipal, or district office which
is filled at an election.


306.  "City measure" includes any proposed city charter, any
proposed amendment to a city charter, any proposition for the
issuance of bonds by the city, any advisory question, or any other
question or proposition submitted to the voters of a city.




307.  "Clerk" means the county elections official, registrar of
voters, city clerk, or other officer or board charged with the duty
of conducting any election.



308.  "District elections official," for the purposes of initiative
and referendum under Article 1 (commencing with Section 9300) of
Chapter 4 of Division 9, includes the county elections official or
other officer or board charged with performing the duties required of
the clerk of the district by that chapter.



309.  "Committee," as used in Article 1 (commencing with Section
20200) of Chapter 3 of Division 20, means any person or combination
of persons who, directly or indirectly, receive contributions or make
expenditures or contributions for the purpose of influencing or
attempting to influence the action of voters for or against the
nomination or election of one or more candidates, or the passage, or
defeat of any measure, and who is required to file campaign reports
or statements under Chapter 4 (commencing with Section 84100) of
Title 9 of the Government Code.



310.  "County" and "city" both include "city and county."



312.  "County measure" includes any proposed county charter, any
proposed amendment to a county charter, any proposition for the
issuance of funding or refunding bonds of the county, any other
question or proposition submitted to the voters of a county at any
election held throughout an entire single county, any advisory
question, or any bond proposal or any advisory question submitted to
the voters of any public district although the boundaries of the
district may be coterminous with those of the county.



313.  "County office" means the office filled by any county officer.



314.  "County officer" means any elected officer enumerated in
Division 2 (commencing with Section 24000) of Title 3 of the
Government Code.


315.  "Demonstrator" means a model or facsimile of the voting device
or the portion of the face of the voting machine that shows the
voter how to operate the machine.



316.  "Direct primary" is the primary election held on the first
Tuesday after the first Monday in June in each even-numbered year, to
nominate candidates to be voted for at the ensuing general election
or to elect members of a party central committee.



317.  "District," for purposes of initiative and referendum under
Chapter 4 (commencing with Section 9300) of Division 9, includes any
regional agency that has the power to tax, to regulate land use, or
to condemn and purchase land.


318.  "Election" means any election including a primary that is
provided for under this code.



319.  "Election board" means the board of supervisors of each
county, the city council or other governing body of a city, or any
board or officer to whom similar powers and duties are given by any
charter.


320.  "Elections official" means any of the following:
   (a) A clerk or any person who is charged with the duty of
conducting an election.
   (b) A county clerk, city clerk, registrar of voters, elections
supervisor, or governing board having jurisdiction over elections
within any county, city, or district within the state.




321.  "Elector" means any person who is a United States citizen 18
years of age or older and a resident of an election precinct at least
15 days prior to an election.



322.  "Electoral jurisdiction," as used in Division 11 (commencing
with Section 11000), means the area within which the voters reside
who are qualified to vote for the officer sought to be recalled.



323.  "Federal election" means any presidential election, general
election, primary election, or special election held solely or in
part for the purpose of selecting, nominating, or electing any
candidate for the office of President, Vice President, presidential
elector, Member of the United States Senate, or Member of the United
States House of Representatives.



324.  (a) "General election" means either of the following:
   (1) The election held throughout the state on the first Tuesday
after the first Monday of November in each even-numbered year.
   (2) Any statewide election held on a regular election date as
specified in Section 1000.
   (b) At each general election there shall be elected to the
Congress of the United States:
   (1) One Representative for each congressional district.
   (2) One Senator, when the general election immediately precedes
the commencement of a full term.


326.  "Judicial office" means the office filled by any judicial
officer.


327.  "Judicial officer" means any Justice of the Supreme Court,
justice of a court of appeal, or judge of the superior court.



328.  "Local election" is a municipal, county, or district election.



329.  "Measure" means any constitutional amendment or other
proposition submitted to a popular vote at any election.



330.  "Municipal election" means elections in general law cities and
where applicable in chartered cities.



331.  "New citizen" means any person who meets all requirements of
an elector of, and has established residency in, the State of
California, except that he or she will become a United States citizen
after the 15th day prior to an election but on or before the seventh
day prior to that election.



332.  "New resident" means a person who meets all requirements of an
elector of the State of California except that his or her residency
was established subsequent to the 15th day prior to the election.
   The new resident is eligible to vote for President and Vice
President and for no other office.



333.  "Nomination documents" means declaration of candidacy and
nomination papers.



334.  "Nonpartisan office" means an office for which no party may
nominate a candidate.  Judicial, school, county, and municipal
offices are nonpartisan offices.



335.  "Oath" includes affirmation.



335.5.  The "official canvass" is the public process of processing
and tallying all ballots received in an election, including, but not
limited to, provisional ballots and absentee ballots not included in
the semifinal official canvass.  The official canvass also includes
the process of reconciling ballots, attempting to prohibit duplicate
voting by absentee and provisional voters, and performance of the
manual tally of 1 percent of all precincts.



336.  The "official summary date" is the date a summary of a
proposed initiative measure is delivered or mailed by the Attorney
General to the proponents for a proposed initiative measure.  The
Attorney General shall immediately notify the Secretary of State of
that date and send the Secretary of State a copy of the summary.  The
Secretary of State immediately shall notify the proponents and
county elections official of each county of the official summary date
and mail a copy of the summary to each county elections official.
This notification shall also include a complete schedule showing the
maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
   No petitions for a proposed initiative measure shall be circulated
for signatures prior to the official summary date.  Petitions with
signatures on a proposed initiative measure shall be filed with the
county elections official not later than 150 days from the official
summary date, and no county elections official shall accept petitions
on the proposed initiative measure after that period.



336.5.  "One percent manual tally" is the public process of manually
tallying votes in 1 percent of the precincts, selected at random by
the elections official, and in one precinct for each race not
included in the randomly selected precincts.  This procedure is
conducted during the official canvass to verify the accuracy of the
automated count.



337.  "Partisan office" means an office for which a party may
nominate a candidate.



338.  "Party" means a political party or organization that has
qualified for participation in any primary election.



339.  (a) "Precinct board" is the board appointed by the elections
official to serve at a single precinct or a consolidated precinct.
   (b) "Precinct board," when used in relation to proceedings taking
place after the polls have closed, likewise includes any substitutive
canvassing and counting board that may have been appointed to take
the place of the board theretofore serving.



340.  "Presidential primary" is the primary election that is held on
the first Tuesday after the first Monday in June in any year which
is evenly divisible by the number four, and at which delegations to
national party conventions are to be chosen.



341.  "Primary election" includes all primary nominating elections
provided for by this code.



342.  "Proponent or proponents of an initiative or referendum
measure" means, for statewide initiative and referendum measures, the
person or persons who submit a draft of a petition proposing the
measure to the Attorney General with a request that he or she prepare
a title and summary of the chief purpose and points of the proposed
measure;  or for other initiative and referendum measures, the person
or persons who publish a notice or intention to circulate petitions,
or, where publication is not required, who file petitions with the
elections official or legislative body.



343.  "Proponent or proponents of a recall petition" means the
person or persons who have charge or control of the circulation of,
or obtaining signatures, to such petitions.



344.  "Punchcard" means a tabulating card on which the voter may
record his or her vote by punching, marking, or slotting.



345.  "Punching" includes marking a ballot card to record a vote.



346.  "Rebuttable presumption" shall be deemed a presumption which
affects the burden of producing evidence.



348.  "Regular election" is an election, the specific time for the
holding of which is prescribed by law.



349.  (a) "Residence" for voting purposes means a person's domicile.

   (b) The domicile of a person is that place in which his or her
habitation is fixed, wherein the person has the intention of
remaining, and to which, whenever he or she is absent, the person has
the intention of returning.  At a given time, a person may have only
one domicile.
   (c) The residence of a person is that place in which the person's
habitation is fixed for some period of time, but wherein he or she
does not have the intention of remaining.  At a given time, a person
may have more than one residence.



350.  "School measure" means any proposition, including but not
limited to, a proposal for the issuance of bonds by a school district
or community college district, an increase in the maximum tax rate
of a school district or community college district, or the
acceptance, expenditure, and repayment of state funds by a school
district or community college district to enable the district to
construct buildings and other facilities, submitted to the voters of
the district at any election held in the district.



351.  "School office" means the office filled by any school officer.



352.  "School officer" means the Superintendent of Public
Instruction and the superintendent of schools of a county.



353.  "Section" means a section of this code unless some other
statute is specifically mentioned.



353.5.  The "semifinal official canvass" is the public process of
collecting, processing, and tallying ballots and, for state or
statewide elections, reporting results to the Secretary of State on
election night.  The semifinal official canvass may include some or
all of the absentee and provisional vote totals.



354.  "Shall" is mandatory and "may" is permissive.



354.5.  (a) "Signature" includes a person's mark if the name of the
person affixing the mark is written near the mark by a witness over
the age of 18 years designated by the person and the designee
subscribes his or her own name as a witness thereto.
   (b) A mark attested as provided in subdivision (a) may serve as a
signature for any purpose specified in this code, including a sworn
statement.



355.  "Software" includes all programs, voting devices, cards,
ballot cards or papers, operating manuals or instructions, test
procedures, printouts, and other nonmechanical or nonelectrical items
necessary to the operation of a voting system.




356.  "Special election" is an election, the specific time for the
holding of which is not prescribed by law.



357.  "Statewide election" is an election held throughout the state.



358.  "Vote tabulating device" means any piece of equipment, other
than a voting machine, that compiles a total of votes cast by means
of ballot card sorting, ballot card reading, paper ballot scanning,
electronic data processing, or a combination of that type of
equipment.



359.  "Voter" means any elector who is registered under this code.



360.  "Voting device" means any device used in conjunction with a
ballot card or cards to indicate the choice of the voter by marking,
punching, or slotting the ballot card.



361.  "Voting machine" means any device upon which a voter may
register his or her vote, and which, by means of counters, embossing,
or printouts, furnishes a total of the number of votes cast for each
candidate or measure.


362.  "Voting system" means any mechanical, electromechanical, or
electronic system and its software, or any combination of these used
to cast or tabulate votes, or both.

DIVISION 1. ESTABLISHED ELECTION DATES CHAPTER 1. ELECTION DATES

Previous Top Next CA Codes (elec:1000-1003) ELECTIONS CODE
SECTION 1000-1003




1000.  The established election dates in each year are as follows:
   (a) The second Tuesday of April in each even-numbered year.
   (b) The first Tuesday after the first Monday in March of each
odd-numbered year.
   (c) The first Tuesday after the first Monday in June in each year.

   (d) The first Tuesday after the first Monday in November of each
year.


1001.  Elections held in June and November of each even-numbered
year are statewide elections and these dates are statewide election
dates.


1002.  Except as provided in Section 1003, notwithstanding any other
provisions of law, all state, county, municipal, district, and
school district elections shall be held on an established election
date.


1003.  This chapter shall not apply to the following:
   (a) Any special election called by the Governor.
   (b) Elections held in chartered cities or chartered counties in
which the charter provisions are inconsistent with this chapter.
   (c) School governing board elections consolidated pursuant to
Section 1302.2 or initiated by petition pursuant to Section 5091 of
the Education Code.
   (d) Elections of any kind required or permitted to be held by a
school district located in a chartered city or county when the
election is consolidated with a regular city or county election held
in a jurisdiction that includes 95 percent or more of the school
district's population.
   (e) County, municipal, district, and school district initiative,
referendum, or recall elections.
   (f) Any election conducted solely by mailed ballot pursuant to
Division 4 (commencing with Section 4000).
   (g) Elections held pursuant to Article 1 (commencing with Section
15100) of Chapter 1, or pursuant to Article 4 (commencing with
Section 15340) of Chapter 2 of, Part 10 of the Education Code.

CHAPTER 2. ELECTION DAY

Previous Top Next CA Codes (elec:1100) ELECTIONS CODE
SECTION 1100




1100.  No election shall be held on any day other than a Tuesday,
nor shall any election be held on the day before, the day of, or the
day after, a state holiday.

CHAPTER 3. STATEWIDE ELECTIONS

Previous Top Next CA Codes (elec:1200-1202) ELECTIONS CODE
SECTION 1200-1202




1200.  The statewide general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year.


1201.  (a) The statewide direct primary shall be held on the first
Tuesday after the first Monday in June of each even-numbered year.
   (b) Notwithstanding subdivision (a), in any year which is evenly
divisible by the number four, the statewide direct primary shall be
held on the first Tuesday after the first Monday in June and shall be
consolidated with the presidential primary held in that year.




1202.  The presidential primary shall be held on the first Tuesday
after the first Monday in June in any year evenly divisible by the
number four.

CHAPTER 4. LOCAL ELECTIONS

Previous Top Next CA Codes (elec:1300-1304) ELECTIONS CODE
SECTION 1300-1304




1300.  Except as otherwise provided in the Government Code, an
election to select county officers shall be held with the statewide
primary at which candidates for Governor are nominated.  In the event
that county officers are not elected pursuant to Sections 8140 and
8141, this election shall be deemed a primary election and a county
general election shall be held with the statewide general election to
select county officers.



1301.  (a) Except as required by Section 57379 of the Government
Code, and except as provided in subdivision (b), a general municipal
election shall be held on an established election date pursuant to
Section 1000.
   (b) (1) Notwithstanding subdivision (a), a city council may enact
an ordinance, pursuant to Division 10 (commencing with Section
10000), requiring its general municipal election to be held on the
same day as the statewide direct primary election, the day of the
statewide general election, on the day of school district elections
as set forth in Section 1302, the first Tuesday after the first
Monday of March in each odd-numbered year, or the second Tuesday of
April in each year.  Any ordinance adopted pursuant to this
subdivision shall become operative upon approval by the board of
supervisors.
   (2) In the event of consolidation, the general municipal election
shall be conducted in accordance with all applicable procedural
requirements of this code pertaining to that primary, general, or
school district election, and shall thereafter occur in consolidation
with that election.
   (c) If a city adopts an ordinance described in subdivision (b),
the municipal election following the adoption of the ordinance and
each municipal election thereafter shall be conducted on the date
specified by the city council, in accordance with subdivision (b),
unless the ordinance in question is later repealed by the city
council.
   (d) If the date of a general municipal election is changed
pursuant to subdivision (b), at least one election shall be held
before the ordinance, as approved by the board of supervisors, may be
subsequently repealed or amended.



1302.  (a) Except as provided in subdivision (b), the regular
election to select governing board members in any school district,
community college district, or county board of education shall be
held on the first Tuesday after the first Monday in November of each
odd-numbered year.
   (b) (1) Notwithstanding any other provision of law, and except as
provided in Section 1302.5, after the initial election of governing
board members in any school district, community college district, or
of members of a county board of education, the election of governing
board members for the district or of members of the county board of
education may be established, upon the adoption of an appropriate
resolution by the governing board or the county board of education,
respectively, to regularly occur on the same day as the statewide
direct primary election, the statewide general election, or the
general municipal election as set forth in Section 1301.  The
resolution shall become operative upon approval by the board of
supervisors pursuant to Section 10404.5 or 10405.7, as applicable.
If a school district, community college district, or county board of
education is located in more than one county, the district may not
consolidate an election if any county in which the district is
located denies the request for consolidation.
   (2) If the board of supervisors approves the resolution pursuant
to Section 10404.5 or 10405.7, as applicable, the election of the
governing board members of the school district or community college
district or of members of the county board of education shall be
conducted on the date specified by the board of supervisors, in
accordance with paragraph (1), unless the approval is later rescinded
by the board of supervisors.
   (3) In the event of consolidation, the election of governing board
members of the school district or community college district or of
members of the county board of education shall be conducted in
accordance with all applicable procedural requirements of the
Elections Code pertaining to that primary, general, or municipal
election, and shall thereafter occur in consolidation with that
election.
   (4) If the date of an election is changed pursuant to this
section, at least one election shall be held before the resolution,
as approved by the board of supervisors, may be subsequently repealed
or amended.


1302.1.  In a community college district that includes the trustee
areas authorized to be established pursuant to the second paragraph
of Section 72022 of the Education Code, the consolidation of the
election of trustees on the same date as the statewide general
election pursuant to Section 1302 may be approved by any county or
counties for the trustee areas located entirely within the county or
counties.  Approval by any county or counties in which the other
trustee areas are located shall be deemed to meet the requirement of
staggered terms set forth in Section 72022 of the Education Code.



1302.2.  (a) Notwithstanding any other provision of law, when an
elementary, unified, high school, or community college district
includes within its boundaries the same territory, or territory that
is in part the same, as a chartered city, the governing board member
elections of the elementary, unified, high school, or community
college district may be consolidated with the city election pursuant
to Part 3 (commencing with Section 10400) of Division 10.  The
consolidation shall be effected by the officer conducting the
election having jurisdiction of the elementary, unified, high school,
or community college district, upon the written request of the
governing board of the elementary, unified, high school, or community
college district and with the written consent of the legislative
body of the city.  This section shall control in the event of any
conflict with a prior order of the county superintendent of schools
made pursuant to Section 5340 of the Education Code.
   (b) When a high school district or community college district
election is consolidated with that of a city pursuant to this
section, and the high school district or community college district
has within its boundaries component districts whose elections would
otherwise be held on a date specified in this code, the elections in
the component districts may be consolidated with the election in the
high school district or community college district.  The
consolidation shall be effected by the officer conducting the
election having jurisdiction of the component districts upon the
written request of the governing boards thereof and with the written
consent of the governing boards of the districts whose governing
board member elections are to be consolidated with those of the
component districts.
   (c) Successors to incumbents holding office upon the effective
date of this section, who in the absence of this section would have
been elected at a different time, shall be chosen for office at the
election nearest the time the terms of office of the incumbents would
have otherwise expired.  If an incumbent's term of office is
extended because of this section, he or she shall hold office until a
successor qualifies for the office, but in no event shall the term
of an incumbent be extended to more than four years.



1302.3.  An annual election for members of the board of education
shall be held in each unified district that is coterminous with or
includes in its boundaries all or any portion of a chartered city or
city and county the charter of which provides for a board of
education, of five members with five-year terms, with the term of one
member expiring each year.  The election shall be held annually on
the first Tuesday after the first Monday in November.  The election
shall be called by the county superintendent of schools and conducted
in substantially the same manner as prescribed by Section 5000 of
the Education Code.


1302.4.  Notwithstanding any other provision of law, a regular
election for members of the Long Beach Community College District
governing board may be held, upon the adoption of an appropriate
resolution by the governing board, on the same date upon which the
election for members of the City Board of Education of the Long Beach
Unified School District is held pursuant to the City Charter of the
City of Long Beach and Article 3 (commencing with Section 5340) of
Chapter 3 of the Education Code.



1302.5.  (a) Notwithstanding any other provision of law, upon
recommendation of the county superintendent of schools and with the
approval of the county board of supervisors, the election of
governing board members of school districts whose boundaries are
coterminous with the boundaries of the county, shall be consolidated
with the November general election pursuant to Part 3 (commencing
with Section 10400) of Division 10.
   (1) The terms of members of the governing board elected pursuant
to this section shall begin at noon on the first Monday after the
first day in January following the general election and shall end at
noon on the first Monday after the first day in January four years
thereafter.
   (2) The terms of members of the governing board expiring on March
31 of any odd-numbered year next succeeding any general election
shall expire at noon on the first Monday after the first day in
January following the general election.
   (b) When the term of an incumbent expires at midnight on March 31
of an odd-numbered year and no successor has been elected because of
the provisions of subdivision (a), the members of the board whose
terms have not expired shall appoint a successor to serve until a
successor is elected and qualifies pursuant to subdivision (a).




1303.  (a) Unless the principal act of a district provides that an
election shall be held on one of the other dates specified in Chapter
1 (commencing with Section 1000) of Division 1, or except as
provided in Section 1500, or except as provided in subdivision (b), a
general district election to elect members of the governing board
shall be held in each special district subject to Division 10
(commencing with Section 10000) on the first Tuesday following the
first Monday in November of each odd-numbered year.
   (b) Notwithstanding any other provision of law, a governing body
of a special district may require, by resolution, that its elections
of governing body members be held on the same day as the statewide
general election.  The resolution shall become operative upon the
approval of the board of supervisors pursuant to Section 10404.



1304.  Unless the principal act of a district provides that an
election shall be held on one of the other dates specified in Chapter
1 (commencing with Section 1000) of Division 1, a general district
election shall be held in each district on the first Tuesday after
the first Monday in November in each odd-numbered year to choose a
successor for each elective officer the term of whose office will
expire on the following first Friday in December.

CHAPTER 5. SPECIAL ELECTIONS

Previous Top Next CA Codes (elec:1400-1415) ELECTIONS CODE
SECTION 1400-1415




1400.  Each special election shall be held on one of the established
election dates set by this division or on the date of any statewide
special election except as provided in Section 1003.



1405.  (a) Except as provided below, the election for a county,
municipal, or district initiative that qualifies pursuant to Section
9116, 9214, or 9310 shall be held not less than 88 nor more than 103
days after the date of the order of election.
   (1) When it is legally possible to hold a special election on an
initiative measure that has qualified pursuant to Section 9116, 9214,
or 9310 within 180 days prior to a regular or special election
occurring wholly or partially within the same territory, the election
on the initiative measure may be held on the same date as, and be
consolidated with, that regular or special election.
   (2) When it is legally possible to hold a special election on an
initiative measure that has qualified pursuant to Section 9116, 9214,
or 9310 during the period between a regularly scheduled statewide
direct primary election and a regularly scheduled statewide general
election in the same year, the election on the initiative measure may
be held on the same date as, and be consolidated with, the statewide
general election.
   (3) To avoid holding more than one special election within any
180-day period, the date for holding the special election on an
initiative measure that has qualified pursuant to Section 9116, 9214,
or 9310, may be fixed later than 103 days but at as early a date as
practicable after the expiration of 180 days from the last special
election.
   (4) Not more than one special election for an initiative measure
that qualifies pursuant to Section 9116, 9214, or 9310 may be held by
a jurisdiction during any period of 180 days.
   (b) The election for a county initiative that qualifies pursuant
to Section 9118 shall be held at the next statewide election
occurring not less than 88 days after the date of the order of
election.  The election for a municipal or district initiative that
qualifies pursuant to Section 9215 or 9311 shall be held at the
jurisdiction's next regular election occurring not less than 88 days
after the date of the order of election.



1410.  The election for a county or municipal referendum that
qualifies pursuant to Section 9144 or 9237 shall be held at the
jurisdiction's next regular election occurring not less than 88 days
after the date of the order of election or at a special election
called for that purpose not less than 88 days after the date of the
order of election.



1415.  City or city and county charter proposals that qualify
pursuant to Section 9255 shall be submitted to the voters at either
the next regular general municipal election occurring not less than
88 days after the date of the order of election, or at a special
election called for that purpose or on any established election date
pursuant to Section 1000 occurring not less than 88 days after the
date of the order of election.

CHAPTER 6. MAIL BALLOT ELECTIONS

Previous Top Next CA Codes (elec:1500) ELECTIONS CODE
SECTION 1500




1500.  The established mailed ballot election dates are as follows:

   (a) The first Tuesday after the first Monday in May of each year.

   (b) The first Tuesday after the first Monday in March of each
even-numbered year.
   (c) The last Tuesday in August of each year.

DIVISION 2. VOTERS CHAPTER 1. VOTER QUALIFICATIONS Article 1. General Provisions

Previous Top Next CA Codes (elec:2000) ELECTIONS CODE
SECTION 2000




2000.  (a) Every person who qualifies under Section 2 of Article II
of the California Constitution and who complies with this code
governing the registration of electors may vote at any election held
within the territory within which he or she resides and the election
is held.
   (b) Any person who will be at least 18 years of age at the time of
the next election is eligible to register and vote at that election.

Article 2. Determination of Residence and Domicile

Previous Top Next CA Codes (elec:2020-2035) ELECTIONS CODE
SECTION 2020-2035




2020.  The term of domicile is computed by including the day on
which the person's domicile commenced and by excluding the day of the
election.


2021.  (a) A person who leaves his or her home to go into another
state or precinct in this state for temporary purposes merely, with
the intention of returning, does not lose his or her domicile.
   (b) A person does not gain a domicile in any precinct into which
he or she comes for temporary purposes merely, without the intention
of making that precinct his or her home.



2022.  If a person moves to another state with the intention of
making it his or her domicile, the voter loses his or her domicile in
this state.


2023.  If a person moves to another state as a place of permanent
residence, with the intention of remaining there for an indefinite
time, he or she loses his or her domicile in this state,
notwithstanding that he or she intends to return at some future time.




2024.  The mere intention to acquire a new domicile, without the
fact of removal avails nothing, neither does the fact of removal
without the intention.


2025.  A person does not gain or lose a domicile solely by reason of
his or her presence or absence from a place while employed in the
service of the United States or of this state, nor while engaged in
navigation, nor while a student of any institution of learning, nor
while kept in an almshouse, asylum or prison.  This section shall not
be construed to prevent a student at an institution of learning from
qualifying as an elector in the locality where he or she domiciles
while attending that institution, when in fact the student has
abandoned his or her former domicile.



2026.  The domicile of a Member of the Legislature or a
Representative in the Congress of the United States shall be
conclusively presumed to be at the residence address indicated on
that person's currently filed affidavit of registration.




2027.  The place where a person's family is domiciled is his or her
domicile unless it is a place for temporary establishment for his or
her family or for transient objects.
   Residence in a trailer or vehicle or at any public camp or camping
ground may constitute a domicile for voting purposes if the
registrant complies with the other requirements of this article.



2028.  If a person has a family fixed in one place, and he or she
does business in another, the former is his or her place of domicile,
but any person having a family, who has taken up an abode with the
intention of remaining and whose family does not so reside with him
or her, is a domiciliary where he or she has so taken up the abode.




2029.  The domicile of one spouse shall not be presumed to be that
of the other, but shall be determined independently in accordance
with this article.


2030.  A domiciliary of this state who marries a person employed
temporarily in this state in the service of the United States
government, may elect to retain his or her domicile for the purpose
of qualifying as an elector only, except that his or her domicile in
this state shall terminate if the domiciliary qualifies as an elector
in any other state or any territory.



2031.  If a person has more than one residence and that person
maintains a homeowner's property tax exemption on the dwelling of one
of the residences pursuant to Section 218 of the Revenue and
Taxation Code, there shall be a rebuttable presumption that the
residence subject to the homeowner's property tax exemption is that
person's domicile.  However, this presumption shall not apply in the
event any other residence is listed as the person's current residence
address on any driver's license, identification card or vehicle
registration issued to that person by, and on file with, the
Department of Motor Vehicles.
   If a person has more than one residence and that person claims a
renter's tax credit for one of the residences pursuant to Section
17053.5 of the Revenue and Taxation Code, there shall be a rebuttable
presumption that the residence subject to the renter's tax credit is
that person's domicile.  However, this presumption shall not apply
in the event any other residence is listed as the person's current
residence address on any driver's license, identification card, or
vehicle registration issued to that person by, and on file with, the
Department of Motor Vehicles.
   This section shall not be applicable to state or federal elected
officials.


2032.  Except as provided in this article, if a person has more than
one residence and that person has not physically resided at any one
of the residences within the immediate preceding year, there shall be
a rebuttable presumption that those residences in which he or she
has not so resided within the immediate preceding year are merely
residences as defined in subdivision (c) of Section 349 and not his
or her domicile.



2033.  Whenever the house number or the mailing address of a voter
has been changed and the voter's domicile is the same, the public
agency authorizing the change shall notify the county elections
official in writing of the change and the county elections official
shall make the change on the voter's affidavit of registration and a
new affidavit shall not be required.



2034.  A person domiciled in a house or apartment lying in more than
one precinct shall be registered as domiciled in the precinct
designated by the county elections official on the basis of the
street address or other precinct the county elections official
considers appropriate unless the person requests, either by letter or
in person at the office of the county elections official, that he or
she wishes to be domiciled for registration purposes in another
precinct in which his or her house or apartment lies.  In order to
fulfill the requirements of this section, the letter of request shall
include the name, signature, and residence address of the requester.




2035.  A person duly registered as a voter in any precinct in
California who removes therefrom within 14 days prior to an election
shall, for the purpose of that election, be entitled to vote in the
precinct from which the person so removed until the close of the
polls on the date of that election.

Article 3. Visually Impaired Voters

Previous Top Next CA Codes (elec:2050-2053) ELECTIONS CODE
SECTION 2050-2053




2050.  This article shall be known, and may be cited, as the
Visually Impaired Voter Assistance Act of 1989.



2051.  As used in this article, "visually impaired" means a person
having central visual acuity not to exceed 20-200 in the better eye,
with corrected lenses, or visual acuity greater than 20-200, but with
a limitation in the field of vision such that the widest diameter of
the visual field subtends at an angle of not greater than 20
degrees.



2052.  It is the intent of the Legislature to promote the
fundamental right to vote of visually impaired individuals, and to
make efforts to improve public awareness of the availability of
ballot pamphlet cassette tapes and improve their delivery to these
voters.



2053.  (a) The Secretary of State shall establish a Visually
Impaired Voter Assistance Advisory Board.  This board shall consist
of the Secretary of State or his or her designee and the following
membership, appointed by the Secretary of State:
   (1) A representative from the State Advisory Council on Libraries.

   (2) One member from each of three private organizations.  Two of
the organizations shall be representative of organizations for blind
persons in the state.
   (b) The board shall do all of the following:
   (1) Establish guidelines for reaching as many visually impaired
persons as practical.
   (2) Make recommendations to the Secretary of State for improving
the availability and accessibility of ballot pamphlet cassette tapes
and their delivery to visually impaired voters.  The Secretary of
State may implement the recommendations made by the board.
   (3) Increase the distribution of public service announcements
identifying the availability of ballot pamphlet cassette tapes at
least 45 days before any federal, state, and local election.
   (4) Promote the Secretary of State's toll-free voter registration
telephone line for citizens needing voter registration information,
including information for those who are visually handicapped, and the
toll-free telephone service regarding the California State Library
and regional library service for the visually impaired.
   (c) No member shall receive compensation, but each member shall be
reimbursed for his or her reasonable and necessary expenses in
connection with service on the board.

CHAPTER 2. REGISTRATION Article 1. General Provisions

Previous Top Next CA Codes (elec:2100-2124) ELECTIONS CODE
SECTION 2100-2124




2100.  No person shall be registered except as provided in this
chapter except upon the production and filing of a certified copy of
a judgment of the superior court directing registration to be made.



2101.  A person entitled to register to vote shall be a United
States citizen, a resident of California, not in prison or on parole
for the conviction of a felony, and at least 18 years of age at the
time of the next election.


2102.  (a) A person may not be registered as a voter except by
affidavit of registration.  The affidavit shall be mailed or
delivered to the county elections official and shall set forth all of
the facts required to be shown by this chapter.  A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct.  A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.

   (2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec.  1973gg) on or before the 15th day prior to
the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
   (b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both (a) the affidavit is signed on the same date or a
date prior to the signing of the petition or paper, and (b) the
affidavit is received by the county elections official on or before
the date on which the petition or paper is filed.
   (c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.



2103.  (a) It is the intent of the Legislature that the election
board of each county, in order to promote and encourage voter
registrations, shall establish a sufficient number of registration
places throughout the county, and outside the county courthouse, for
the convenience of persons desiring to register, to the end that
registration may be maintained at a high level.
   (b) It is also the intent of the Legislature that county elections
officials, in order to promote and encourage voter registrations,
shall enlist the support and cooperation of interested citizens and
organizations, and shall deputize as registrars qualified citizens in
such a way as to reach most effectively every resident of the
county.  The persons so deputized shall be permitted to register
voters anywhere within the county, including at the places of
residence of the persons to be registered, and the county elections
official shall not deny deputy registrars the right to register
voters anywhere in the county.
   (c) It is also the intent of the Legislature that
non-English-speaking citizens, like all other citizens, should be
encouraged to vote.  Therefore, appropriate efforts should be made to
minimize obstacles to registration by citizens who lack sufficient
skill in English to register without assistance.
   (d) Where the county elections official finds that citizens
described in subdivision (c) approximate 3 percent or more of the
voting age residents of a precinct, or in the event that interested
citizens or organizations provide information which the county
elections official believes indicates a need for registration
assistance for qualified citizens described in subdivision (c), the
county elections official shall make reasonable efforts to recruit
deputy registrars who are fluent in a language used by citizens
described in subdivision (c) and in English.  That recruitment shall
be conducted through the cooperation of interested citizens and
organizations and through voluntarily donated public service notices
in the media, including newspapers, radio, and television,
particularly those media that serve the non-English-speaking citizens
described in subdivision (c).  Deputy registrars so appointed shall
facilitate registration in the particular precincts concerned and
shall have the right to register voters anywhere in the county.
   (e) In furtherance of the purposes of this section, the governing
board of any county, city, city and county, district, or other public
agency, may authorize and assign any of its officers or employees to
become deputy registrars of voters and to register qualified
citizens on any premises and facilities owned or controlled by those
public agencies during the regular working hours of the officers or
employees.  With the exception of firemen, any compensation to which
the officer or employee may be entitled in payment for the services
of the officer or employee as a deputy registrar may be paid by the
authority that appointed the officer or employee as a deputy
registrar to the public agency that regularly employs the officer or
employee.
   (f) It is the intent of the Legislature that no limitation be
imposed on the number of persons appointed to act as deputy
registrars of voters.


2104.  It is the intent of the Legislature that the introduction of
registration by mail shall not in any way lead to administrative
limitations on the use of deputy registrars of voters for the purpose
of assisting in the registration of persons who may continue to
require such assistance.
   It is the intent of the Legislature that registrars continue to be
deputized by the county elections official pursuant to Section 2103,
but that as the electorate becomes more conversant with mail
registration procedures, the number of deputy registrars will
naturally diminish due to a decrease in the demand for the services
of the deputy registrars of voters.



2105.  It is the intent of the Legislature that voter registration
be maintained at the highest possible level.   The Secretary of State
shall adopt regulations requiring each county to design and
implement programs intended to identify qualified electors who are
not registered voters, and to register those persons to vote.  The
Secretary of State shall adopt regulations prescribing minimum
requirements for those programs.  If the Secretary of State finds
that a county has not designed and implemented a program meeting the
prescribed minimum requirements, the Secretary of State shall design
a program for the county and report the violation to the Attorney
General.



2106.  Any program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to any printed literature or media announcements
made in connection with these programs, contain this statement:  "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election."



2107.  (a) Except as provided in subdivision (b), the county
elections official shall accept affidavits of registration at all
times except during the 14 days immediately preceding any election,
when registration shall cease for that election as to electors
residing in the territory within which the election is to be held.
Transfers of registration for an election may be made from one
precinct to another precinct in the same county at any time when
registration is in progress in the precinct to which the elector
seeks to transfer.
   (b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.

   (2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec.  1973gg) prior to the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (2) and (3) on or
before the 15th day prior to the election.



2108.  The county elections official shall keep and maintain a
current file listing all persons appointed or deputized by the county
elections official to register voters, which file shall be open to
public inspection.  The file shall include the party affiliation, if
any, of each person listed.



2109.  Any person who is a registered voter qualifies for
appointment as a deputy registrar of voters.



2110.  No county elections official may refuse to deputize any
person to register voters because of race, creed, color, national
origin, ancestry, sex, marital status, disability, religious or
political affiliation, or age.


2111.  A person may prove he or she is a citizen by his or her
certification under penalty of perjury on the affidavit of
registration.


2112.  Notwithstanding any other provision of law to the contrary,
the fact that a person certifies to his or her United States
citizenship by signing his or her affidavit of registration shall be
deemed evidence of citizenship for voting purposes only.




2113.  Any elector absent from the county in which he or she claims
residence may request a voter registration card from the county
elections official of the county of residence.  The county elections
official shall furnish a voter registration card, to each elector
requesting a card and showing that he or she will be temporarily
absent from his or her home county.  Upon receipt by the county
elections official, the affidavit of registration shall be processed
as required by this chapter.



2114.  The county elections official of any county in this state may
receive the affidavit of registration of any elector who resides or
claims residence in another county in this state.  The affidavit
shall be forwarded to the county elections official of the county in
which the elector resides.  The county elections official of the
county in which the elector resides shall use the affidavit of
registration from the other county as his or her permanent record.
   Registration by this method shall be effective for all elections
occurring 29 or more days after receipt of the affidavit of
registration by the county elections official or his or her deputy to
which the affidavit is mailed or delivered by the elector.




2115.  Whenever a voter, between the time of that person's last
registration and the time for the closing of registration for any
given election in the same county, has lawfully changed his or her
surname, the voter may reregister under the new or changed name.  The
voter shall make an additional statement at the time of
reregistration, giving the name under which he or she was last
registered in that county.
   This additional statement shall be given in the prior registration
portion of the affidavit of registration before the affidavit is
signed, and shall be deemed a part of the affidavit.  Upon
reregistration, the last previous registration of the voter shall be
canceled.


2116.  (a) Whenever a voter, between the time of that person's last
voter registration and the time for the closing of registration for
any given election, has changed his or her residence address by
moving, the voter shall execute a new affidavit of registration or a
notice or a letter of the change of address as permitted in Section
2119, in order to be eligible to vote at the next election.
   (b) Notwithstanding subdivision (a), a voter who has changed his
or her residence address by moving may vote at the election
immediately following the change of residence if he or she is
entitled to vote under Section 2035 or 14311.



2117.  Except as provided in Section 2119, if a voter reregisters or
transfers his or her registration from one precinct to another, the
former address shall be entered in the prior registration portion of
the affidavit, and the former registration shall thereupon be
canceled.



2118.  No person shall register in one county when his or her
registration in another remains uncanceled unless he or she complies
with this section.  Any person who is registered in one county may,
if otherwise legally qualified, register in another county in which
he or she then resides, at any time before the closing of
registration for any election, if in the prior registration portion
of the affidavit of registration he or she enters his or her former
address.
   The county elections official shall at once notify the county
elections official of the county in which the old registration is
still uncanceled that the voter has reregistered.  Upon receipt of
the notice of reregistration, the former registration shall be
canceled immediately.



2118.5.  (a) If a voter is erroneously assigned to a precinct, the
voter may apply to the elections official for a certificate showing
the record of registration.  The elections official shall give the
voter the certificate on or before election day.  Upon presentation
of this certificate to the precinct board of the proper precinct, the
board shall permit the voter to vote.  If the voter does not obtain
the certificate provided for in this section, and votes in the
precinct into which the voter has been erroneously assigned by the
elections official, and the election is contested, the voter's vote
shall not be rejected for those candidates and on those measures with
respect to which the voter would have been entitled to vote had the
voter voted in the proper precinct, and no inquiry shall be made as
to how the voter voted for those candidates or on those measures.
   (b) No voter who receives a certificate of registration under this
section shall be charged a fee by the elections official.



2119.  (a) In lieu of executing a new affidavit of registration for
a change of address within the county the county elections official
shall accept a notice or letter of the change of address signed by a
voter as he or she is registered.
   (b) The county elections official shall accept a notification for
the forthcoming election and shall change the address on the voter's
affidavit of registration accordingly if the notification is executed
on or before the 15th day prior to the election and if any of the
following apply:
   (1) The notification is postmarked on or before the 15th day prior
to the election and received by mail by the county elections
official.
   (2) The notification is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec.  1973gg) prior to the election.
   (3) The notification is delivered to the county elections official
by means other than those described in paragraphs (2) and (3) on or
before the 14th day prior to the election.


2120.  If the county elections official receives a letter from a
voter stating that the voter has moved to a new address in another
county in the state, the elections official shall immediately notify
the elections official of the county to which the voter has moved.
Upon receipt of the notice, the elections official of the county to
which the voter has moved shall send to the voter a voter
registration card, and shall instruct the voter that in order to
record a change of address, the voter must reregister on a new
affidavit of registration.  The elections official shall cancel the
old registration for any election occurring at least 29 days after
the receipt of the letter.



2121.  No fees may be charged for registration.



2122.  The county elections official may cause to be written or
printed upon the top margin, or in the body of the affidavit, in
addition to any matter provided for in this code, any words necessary
or convenient to designate the precinct, district, or political
subdivision for which the affidavit is taken, or to indicate any
removal or transfer of registration.  Any other reasonable memoranda
may be added that is necessary or convenient to enable the county
elections official to perform his or her duties in assorting or
classifying or handling affidavits with correctness and dispatch.
However, the memoranda shall not include notations, whether coded or
not, that indicate that the registrant has signed a particular
initiative, referendum, or recall petition unless the notations are
made other than on the body of the affidavit of registration.  Any
memoranda, notations, devices, computer data, or other means or
material employed by the elections official indicating which petition
or petitions have been signed by any registrant shall be destroyed
as soon as practicable after the certification of the results of the
election for which the memoranda, notations, devices, computer data,
or other means or material was used, or if no election is held, as
soon as practicable after the final certification of the elections
official showing the results of the examination of the petition.  In
no event shall the memoranda, notations, devices, computer data, or
other means or material be retained for more than 30 days.
   The memoranda, notations, devices, computer data, or other means
or material employed by the elections official indicating which
petition or petitions have been signed by any registrant shall be
available for the use of the elections official and his or her staff
only and then only for the purposes for which they were prepared.
Except as previously provided, they shall not be made available to
any person or entity, public or private, for any purpose whatsoever.

   Memoranda added to the body of the affidavit of registration,
which are not applicable to the requirements of Section 2150, shall
not be deemed a portion of the affidavit.



2123.  In accordance with Section 11 of the initiative act approved
by a majority of the voters at the general election held on November
4, 1930, (Statutes of 1931, p.   lxxxiii) and entitled "An act to
amend Sections 1083a, 1094, 1095a, 1097, 1103, 1105, 1106, 1115,
1120, and to repeal Sections 1228 and 1229 of the Political Code,
relating to registration of electors and conduct of elections," no
amendment by the Legislature shall provide for a general biennial or
other periodic reregistration of voters.



2124.  The Secretary of State shall, by regulation, adopt uniform
standards for proof of residency, which shall apply in all instances
where voters and new registrants are required by law to prove
residency.

Article 2. Reimbursable Voter Outreach Costs

Previous Top Next CA Codes (elec:2130-2131) ELECTIONS CODE
SECTION 2130-2131




2130.  From moneys appropriated by the Legislature, the Controller
shall allocate and disburse to the counties the amounts necessary to
reimburse them for net costs incurred by them in complying with the
voter registration provisions, including the provisions authorizing
voter registration by mail and voter outreach programs, as set forth
in Chapter 704 of the Statutes of 1975, as amended.  The Secretary of
State, in consultation with the Controller, shall develop a formula
for the reimbursement of these costs.  The Controller shall prescribe
the forms for filing claims pursuant to this section.  These claims
shall be submitted to the Controller by October 31 in the year
following the fiscal year in which the costs were incurred.




2131.  The Secretary of State may provide grants to local elections
officials, nonprofit corporations, and unincorporated associations
for the following purposes:
   (a) To conduct voter outreach and voter education programs, in
accordance with the requirements of the Help America Vote Act of 2002
(P.L.  107-252), using funds provide