Voter Registration

These regulations are promulgated under authority vested in the Secretary of State by the California Legislature in Chapter 704 of the 1975-76 Regular Session. They may be cited as the Voter Registration Regulations.

19050. Voter Registration Card; Format.

The multipart voter registration card mandated by Elections Code Sections 506, 102 and 507 shall be substantially in the format set forth in Section 19055.

Note: Authority cited: Section 506, Elections Code. Reference: Sections 506, 102, 507, Elections Code.

History

  1. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

19050.5. Place of Execution.

An elector's registration as a voter is valid notwithstanding the failure to complete the place of execution portion of the Voter Registration Card. It shall not be inferred from this regulation that failure to complete other portions of the Voter Registration Card necessarily invalidates or does not invalidate that elector's registration as a voter.

Note: Authority cited for Sections 19050.5-19050.7: Statutes 1975, Chapter 1119, Section 4. Reference: Sections 19055(a)(1) and 19055(a)(3), Title 2, California Administrative Code; Section 500, Elections Code.

History

  1. New section filed 10-15-76 as an emergency; effective upon filing (Register 76, No. 42).
  2. Repealed by operation of Section 11422.1(c), Government Code (Register 77, No. 21).
  3. New section filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

19050.6. Requirements for Valid Registration.

In the event that the county clerk receives an affidavit of registration that does not include portions of the information for which space is provided, the county clerk or registrar of voters shall apply the following rebuttable presumptions:

  1. If no middle name or initial is shown, it shall be assumed that none exists.
  2. If no occupation is shown, it shall be presumed that the person is unemployed or has no occupation.
  3. If no party affiliation is shown, it shall be assumed that the registrant has "declined to state" a party affiliation.
  4. If the year of birth is omitted, it shall be presumed that the year of birth was eighteen years or more prior to the date of the next succeeding election, in accordance with the voter's statement under penalty of perjury that he or she will be eighteen years of age at the time of the next election.
  5. If no prior registration is shown, it shall be presumed that the person is not registered to vote in California. An elector's affidavit of registration as a voter shall be valid notwithstanding the failure to complete the information to which the above presumptions apply, absent evidence rebutting the presumption.
  6. If the date of execution is omitted but:
    1. the affidavit is received in the office of the county clerk, on or before the 29th day prior to the election; or
    2. the registration affidavit is postmarked on or before the 29th day prior to the election and arrives in the office of the county clerk not later than four days after the 29th day, it shall be presumed that the affidavit was executed on or before the 29th day prior to the election.

    History

    1. New section filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).
    2. New subsection (f) filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).

    19050.7. Receipt of Affidavit of Registration.

    Except as otherwise provided herein, a registration affidavit delivered to the county clerk shall be deemed to have been received for all purposes:

    1. On the date it actually arrives in the office of the county clerk authorized to receive registration affidavits, if subdivision (b) does not apply; or
    2. On the 29th day prior to an election scheduled to be held in the county in which the affiant resides, provided that the registration affidavit was executed by the voter on or before said 29th day and arrives by mail in the office of the county clerk to whom it is addressed not later than four days after said 29th day.

    Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 301 and 305, Elections Code.

    History

    1. New section filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).
    2. Amendment filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
    3. Certificate of Compliance filed 10-26-77 (Register 77, No. 44).
    4. New subsection (b)(3) filed 9-27-78 as an emergency; effective upon filing (Register 78, No. 39).
    5. Expired by own terms (Register 79, No. 38).
    6. New subsection (b)(3) filed 9-21-79 as an emergency; effective upon filing (Register 79, No. 38). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 1-19-80.
    7. Expired by own terms (Register 80, No. 15).
    8. Amendment filed 6-8-84; effective thirtieth day thereafter (Register 84, No. 23).

    19050.8. Registration Affidavit: Secretary of State Form.

    1. Registration affidavits printed by the Secretary of State with the mailing address of the Secretary of State are deemed to have been received by the county clerk upon arrival in the office of the Secretary of State in the same manner as if received by a county clerk under Elections Code Sections 301 and 311.
    2. For affidavits referred to in subsection (a) above:
    3. Within one working day, the Secretary of State shall transmit the affidavit to the clerk of the county of affiant's residence, as stated on the affidavit.

    Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 301 and 311, Elections Code.

    History

    1. New section filed 4-11-80 as an emergency; effective upon filing (Register 80, No. 15). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 8-10-80.
    2. Certificate of Compliance transmitted to OAL 8-7-80 and filed 8-20-80 (Register 80, No. 34).

    19051. Provision by Secretary of State.

    History

    1. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).
    2. Amendment filed 9-16-77 as an emergency; effective upon filing (Register 77, No. 38).
    3. Certificate of Compliance filed 1-6-78 (Register 78, No. 1).
    4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section11349.7; effective thirtieth day thereafter (Register 85, No. 26

    19052. Official Affidavits.

    Only those affidavits of registration provided by the Secretary of State through the county clerks shall be used for the registration of voters pursuant to Elections Code Section 301. Such voter registration cards shall not be altered, defaced, or changed in any way, other than by the insertion of a mailing address and the affixing of postage, if mailed, or as otherwise specifically authorized by the Secretary of State, prior to distribution to prospective registrants, nor shall the affidavit portion of the voter registration cards be marked, stamped, or partially or fully completed by anyone other than an elector attempting to register to vote or by another person assisting such elector after being requested by such elector to assist in completing the affidavit.

    History

    1. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).
    2. Amendment filed 9-16-77 as an emergency; effective upon filing (Register 77, No. 38).
    3. Certificate of Compliance filed 1-6-78 (Register 78, No. 1).

    19053. Ninety Day Request Period for Shipments.

    The forms prescribed by Elections Code Sections 500, 506, and 508 shall be supplied by the Secretary of State to the county clerks as requested by the clerks ninety days prior to the desired date of receipt.

    History

    1. Amendment filed 5-20-77; effective thirtieth day thereafter(Register 77, No. 21).

    19054. Quantities.

    History

    1. Amendment filed 6-3-76 as an emergency; designated effective 6-27-76 (Register 76, No. 22).
    2. Reinstatement of section as it existed prior to emergency amendment filed 6- 3-76, by operation of Section 11422.1(b), Government Code (Register 77, No. 21).
    3. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).
    4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section11349.7; effective thirtieth day thereafter (Register 85, No. 26).

    19055. Voter Registration Card.

    1. Postal Forms
      1. Affidavit of Registration Portion
      2. Image 1 (4.25" X 7") Not available for Offline Print to STP or FAX
      3. Reverse Side of Affidavit.
      4. Image 2 (3.5" X 5.5") Not available for Offline Print to STP or FAX
      5. Instructional Portion (English).
      6. Image 3 (3.25" X 6.75") Not available for Offline Print to STP or FAX
      7. Instructional portion (Spanish).
      8. Image 4 (4" X 7") Not available for Offline Print to STP or FAX
      9. Informational Portion
      10. Image 5 (4.25" X 7") Not available for Offline Print to STP or FAX
      11. Reverse Side of Spanish Instructions (sent to voter upon verbal or written request).
      12. Image 6 (2.25" X 5.25") Not available for Offline Print to STP or FAX
      1. Affidavit of Registration Portion.
      2. Image 7 (4.25" X 7") Not available for Offline Print to STP or FAX
      3. Informational and Stub Portions.
      4. Image 8 (4.25" X 7") Not available for Offline Print to STP or FAX

      19056. Card Dimensions.

      Dimensions of voter registration card shall be 5" x 8" x .007."

      19057. Reporting Requirement.

      Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 500, 506 and 508, Elections Code.

      History

      1. Repealer filed 6-8-84; effective thirtieth day thereafter (Register 84, No. 23).

      19058. Voter Notification Card.

      Note: Authority cited: Section 505 Elections Code. Reference: Sections 504 and 505, Elections Code.

      History

      1. Repealer filed 6-8-84; effective thirtieth day thereafter (Register 84, No. 23).

      19059. Languages.

      The forms prescribed in Section 19055 shall be printed in the following languages:

      1. Monolingual English versions
      2. Bilingual versions
        1. English-Spanish
        2. English-Chinese

        History

        1. Amendment filed 6-3-76 as an emergency; designated effective 6-27-76 (Register 76, No. 22).
        2. Amendment refiled 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
        3. Certificate of Compliance filed 10-26-77 (Register 77, No. 44).

        20000. General.

        All counties shall design and implement programs intended to identify qualified electors who are not registered voters, and to register such persons to vote, hereinafter referred to as outreach programs.

        Note: Authority cited for Article 3 (Sections 20000-20006): Section 202, Elections Code. Reference: Section 202, Elections Code.

        History

        1. New Article 3 (Sections 20001-20007, not consecutive) filed 9-24-76 as an emergency; effective upon filing (Register 76, No. 39).
        2. Article 3 (Sections 20000-20006) refiled 9-28-76 as an emergency; effective upon filing. Certificate of Compliance included (Register 76, No. 40).

        20001. Minimum Requirements.

        As a minimum, each county's outreach program shall contain the following components which shall be described in an outreach program plan:

        1. Consultation. Each program shall include systematic effort by the clerk to consult on a continuing basis all persons who exhibit interest and special knowledge in any outreach methods contemplated by the clerk. This effort shall include, but not be limited to, a gathering of source lists of persons whose interest, knowledge, or experience suggests the potential for meaningful contribution to increased voter registrations in the county.
        2. Publicity. Each program shall make specific provision for publicity on all phases of voter registration, including the training and deputizing of registrars.
        3. Focus; Balance. Each program shall establish priorities for the direction of its outreach efforts. These priorities shall reflect the clerk's assessment as to which specific outreach methods will be the most cost-effective in the county. Each plan shall be reasonably balanced in the allocation of outreach efforts and resources among the major pools of unregistered voters.
        4. Budget. Each program shall include a budget with sections for personnel, equipment and materials for each outreach effort proposed.
        5. Schedule. Each program shall contain a schedule of critical dates and deadlines associated with each outreach effort proposed. This schedule shall be supported by contractual and voluntary commitments, if any, from those responsible for providing products or services to meet these dates.
        6. Solicitation of Local Assistance. Each program shall provide for the solicitation of assistance from local offices of all levels of government and of private entities in providing the incidental use of their premises and/or personnel for the purpose of outreach. The offices and entities whose assistance is solicited shall include those which, in the opinion of the county clerk, come into frequent contact with unregistered electors who would be least likely to register under county registration practices in effect prior to July 1, 1976.
        7. Distribution Controls. Each program shall establish orderly limits upon bulk distributions of registration affidavit forms. Such controls should include, but not be limited to, record keeping, training, and contingency plans for form allocation in the event that supplies become depleted. All requests for more than 50 registration forms shall be accompanied by a brief statement of distribution plans, which shall be a necessary condition to issuance of the voter registration cards. This statement shall designate the name and address of the person or persons proposing such a distribution plan. This statement shall contain declarations executed under penalty of perjury that reasonable steps will be taken to insure that:
          1. The person or persons distributing such cards to potential registrants will not neglect or refuse to give a voter registration card to any elector requesting one for the purpose of registering to vote; and
          2. The voter registration cards issued will not be altered, defaced, or changed in any way, other than by the insertion of a mailing address and the affixing of postage, if mailed, or as otherwise specifically authorized by the Secretary of State, prior to distribution to prospective registrants and that the affidavit portion of the voter registration cards will not be marked, stamped, or partially or fully completed by anyone other than an elector attempting to register to vote or by another person assisting such elector after being requested by such elector to assist in completing the affidavit.

          A copy of all statements for requests exceeding 2000 forms shall be sent to the Secretary of State.

          History

          1. Amendment of subsection (g) filed 9-16-77 as an emergency; effective upon filing (Register 77, No. 38).
          2. Certificate of Compliance filed 1-6-78 (Register 78, No. 1).

          20002. Program Emphasis.

          Each outreach program shall stress the solicitation of voter registrations by persons whose daily activities place them in frequent contact with potential registrants.

          Selection of outreach methods shall consider maximum cost-effectiveness in view of the population of unregistered electors intended to be reached. Selection of methodology shall consider not only the level of effort expended, but also the likelihood of actual registrations obtained thereby. Nothing in these regulations shall be construed to limit the use of deputy registrars of voters, including bilingual registrars, pursuant to Sections 302 and 303 of the Elections Code. Outreach programs adopted pursuant to these regulations shall provide for the continued use of deputy registrars when a population of unregistered electors requires personal assistance in registration and the continued use of deputy registrars is therefore reasonably appropriate.

          Each county shall provide for the solicitation of registrations by personnel of state agencies, to the extent that the state agency has made its personnel available for an outreach program.

          History

          1. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

          20003. Submission of Plan for Outreach Program.

          No later than 20 days after the effective date of this Article, each county shall submit to the Secretary of State a plan describing its proposed outreach program. Each program shall be deemed to have met the minimum requirement if the Secretary of State has not interposed an objection within 21 days after such program has been submitted.

          20004. Evaluation.

          Annually in July, the Secretary of State will evaluate the county's program on the basis of two criteria:

          1. adherence to the adopted plan for the meeting of minimum requirements.
          2. effectiveness in terms of increase in number of registered voters over statistical/historical expectations.

          20005. Cost/Savings Comparison Reports.

          On or before August 31 of each year, the county shall report to the Secretary of State its actual net cost of complying with Chapter 704, Statutes of 1975, as amended, including any program adopted pursuant to Section 304 of the Elections Code, for the immediately preceding fiscal year along with an estimated net cost for the forthcoming fiscal year.

          For the purposes of these regulations, net cost is defined as total cost as offset by any savings which may accrue as the result of Chapter 704, Statutes 1975, as amended.

          For the purposes of these regulations, a fiscal year is defined as the period of time from July 1 of the calendar year through June 30 of the following calendar year.

          Note: Authority cited: Statutes 1975, Chapter 1119, Section 4; Section 12172, Government Code. Reference: Statutes 1975, Chapter 704, Section 91.

          History

          1. Amendment filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21).

          20006. Reimbursement of Net Costs.

          History

          1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section11349.7; effective thirtieth day thereafter (Register 85, No. 26).

          20050. Overseas Citizen Affidavit of Registration.

          The affidavit of registration for overseas citizens shall be in substantially the following form:

          AFFIDAVIT OF REGISTRATION (OVERSEAS VOTERS)


          Image 1 (8.5" X 7") Not available for Offline Print to STP or FAX

          Note: Authority and reference cited for Article 4 (Sections 20050 and 20051: Sections 1304 and 1309, Elections Code). Specific authority and reference cited for Section 20050: Sections 706 and 1306, Elections Code.

          History

          1. Amendment filed as an emergency 5-26-78; effective upon filing (Register 78, No. 21). For prior history, see Register 77, No. 2).
          2. Certificate of Compliance filed 9-22-78 (Register 78, No. 38).

          20051. Overseas Citizens Absent Voters' Ballots.

          The ballot to be used by overseas voters may be the absentee ballot used by resident absentee voters, except that all measures and all offices appearing on the ballot other than federal offices shall be marked out with indelible marking, so that the overseas voter votes only for federal offices. Alternatively, the county clerk may design an absentee ballot designated solely for overseas voters listing only candidates for nomination or election to federal offices.

          Note: Additional authority and reference cited: Section 1306, Elections Code.

          History

          1. New section filed 10-14-76 as an emergency; effective upon filing (Register 76, No. 42).
          2. Repealed by operation of Section 11422.1(c), Government Code (Register 77, No. 21).
          3. New section filed 5-2-77; effective thirtieth day thereafter (Register 77, No. 21).
          4. Amendment filed 9-12-78 as an emergency; effective upon filing (Register 78, No. 37).
          5. Certificate of Compliance filed 9-22-78 (Register 78, No. 38).

          20070. Notice to Voter.

          The notice to voters sent by the county clerk or registrar of voters under Elections Code section 706.1, notifying the voter that the voter's registration affidavit will be changed or cancelled, shall be in substantially the following form:

          Image 1 (7.25" X 7") Not available for Offline Print to STP or FAX

          Note: Authority cited: Sections 706 and 1306, Elections Code. Reference: Sections 706 and 1306, Elections Code. Additional authority cited: Section 706.1, Elections Code. Additional reference: Section 706.1, Elections Code.

          History

          1. New Article 5 (Section 20070) filed 5-26-78 as an emergency; effective upon filing (Register 78, No. 21).
          2. Amendment filed 9-12-78; effective thirtieth day thereafter (Register 78, No. 37).

          20075. State Registrar of Vital Statistics to Notify County Elections Official of Deaths of Voting Age Persons that Occur Outside of the County of Residence.

          At the time that the State Registrar of Vital Statistics sends notification pursuant to Health and Safety Code Section 102245 to the local registrar of births and deaths of the deaths of all residents of the county whose deaths occurred outside the county, he or she shall send a copy of the notification to the county elections official.

          Note: Authority cited: Section 2206, Elections Code; and Section 12172.5, Government Code. Reference: Section 2205, Elections Code.

          History

          1. New section filed 11-4-96; operative 11-4-96 pursuant to Government Codesection 11343.4(d) (Register 96, No. 45).

          20076. County Elections Official to Provide Secretary of State with Correct Mailing Address to Receive from the State Registrar of Vital Statistics Notification of Out-of-County Deaths.

          No later than January 15 of each year the county elections official shall furnish to the Secretary of State the correct mailing address of the unit or person within his or her office to whom the notification of out-of-county deaths shall be sent by the State Registrar of Vital Statistics.

          Note: Authority cited: Section 2206, Elections Code; and Section 12172.5, Government Code. Reference: Section 2205, Elections Code.

          History

          1. New section filed 11-4-96; operative 11-4-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 45).

          20085. Application of Article.

          This article shall apply to verification of independent nomination petition signatures. The purpose of these regulations is to achieve uniform interpretation of Elections Code Sections 6831-6833 and 6890-6894. "County Clerk" shall refer to "Registrar of Voters" where applicable.

          Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

          History

          1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 10-28-80.
          2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

          20086. Signature Verification Methods.

          The clerk shall verify either

          1. a sample consisting of 5 percent of the signatures submitted or 500 signatures, whichever isgreater, or
          2. 100 percent of the signatures submitted.

          If subsection (b) is chosen, the clerk may arrange for the candidate or candidate's representative to deposit the petition sections with the clerk at intervals prior to the last day the petition is circulated, so that the clerk may begin verifying the signatures.

          Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

          History

          1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 10-28-80.
          2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

          20087. Report of Total Signatures.

          The Secretary of State must receive actual notice of the total number of signatures submitted in each county and the method of verification to be used within two working days of the close of the circulation period or of final deposit of petition sections, whichever is earlier, but in no event later than 7 p.m. on the 88th day prior to the election. If telephonic communication is used to convey actual notice, written confirmation must be transmitted to the Secretary of State on the same day that telephone notice is given.

          Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

          History

          1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 10-28-80.
          2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

          20088. Random Number List.

          Upon final deposit of the nomination petitions for each candidate, clerks verifying a sample of signatures shall sequentially number the signatures. If a numbering scheme is adopted which results in some numbers not being assigned to a signature, these gaps between the first and last numbers assigned to the signature must also be reported to the Secretary of State in the notice required by Section 20087.

          Upon receipt of this notice, the Secretary of State shall immediately generate a list of random numbers for that county, which shall determine which signatures are to be verified for each candidate. This list shall be transmitted to the clerk within one day of actual receipt of the total signature count. Upon receiving the random number list, the clerk shall verify each signature indicated thereon.

          Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

          History

          1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 10-28-80.
          2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

          20089. Total Signature Reports.

          When the total number of signatures submitted in each county has been reported to the Secretary of State in writing, the Secretary of State shall immediately ascertain whether the number of signatures submitted for each candidate is greater than or less than that required to qualify the candidate.

          1. If the number of signatures is found to be less than that required to qualify the candidate, the Secretary of State shall notify each county clerk of the total number of signatures submitted and that such total was insufficient to qualify the candidate for the ballot. Upon such notification, the clerks need take no further action with respect to verification of the nomination papers.
          2. If the total number of signatures submitted is equal to or greater than the number of signatures required to qualify the candidate, the Secretary of State shall so notify each county clerk, and each clerk shall continue to verify signatures.
          3. The Secretary of State must receive actual notice of each county's total valid signature certification not later than the 83d day prior to the election. If telephonic communication is used to convey actual notice, written certification shall be transmitted on the same day that telephone notice is given.
          4. If no county in a district has chosen to verify a random sample of signatures pursuant to Section 20086(a), the reporting date under Section 20089(c) shall be not later than the 64th day prior to the election.

          Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

          History

          1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 10-28-80.
          2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

          20090. Total Valid Signature Reports.

          Upon receipt of written notice under Section 20089(c) or (d), the Secretary of State shall compute the number of valid signatures submitted for each candidate in the district in which nomination papers are submitted, and will notify the clerks of the results within one day of receipt of the figures from the last reporting county.

          If Section 20089(d) does not apply:

          1. If the total number of signatures submitted is found to be less than 90 percent or greater than 110 percent of the total number required for nomination, the Secretary of State shall notify clerks using the random sample verification method that the papers are sufficient or insufficient, whichever is appropriate according to Elections Code Section 6831.1, and no further action shall be taken relative to signature verification.
            1. If the total computed is found to be between 90 percent and 110 percent of the number required, the Secretary of State shall notify the clerks who used the random sample verification method to verify each signature on the nomination papers.
            2. The total valid signature count must be reported to the Secretary of State not later than the 64th day prior to the election, in the same manner as Section 20089(c).

            All county clerks must file candidates' nomination papers with the Secretary of State not later than the 64th day prior to the election.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

            History

            1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 10-28-80.
            2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

            20091. Duplicate Signatures.

            In any report of valid signatures based on a sample of signatures, the clerk shall report separately the number of signatures rejected for being duplicate signatures.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6831-6833; 6890-6894, Elections Code.

            History

            1. New section filed 6-30-80 as an emergency; effective upon filing (Register 80, No. 27). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 10-28-80.
            2. Certificate of Compliance transmitted to OAL 10-28-80 and filed 11-28-80 (Register 80, No. 48).

            20095. Sign Only One Paper.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 6834 and 6838, Elections Code.

            History

            1. New Article 6 (Section 20095) filed 6-20-80 as an emergency; effective upon filing (Register 80, No. 25). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 10-19-80. For prior history, see Registers 79, No. 33 and 78, No. 29.
            2. Repealed by operation of Section 11346.1(g), Government Code (Register 81, No. 47).

            20100. Overvotes.

            When a voter has selected, by marking the ballot or writing in or a combination thereof, more candidates than there are candidates to be nominated or selected for the office, the vote for that office shall not be counted, regardless of whether the candidate whose name is written in has complied with the requirements of Chapter 8 (commencing with Section 7300) of Division 6 of the Elections Code.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 15242, 17007(c) and 17100-17101, Elections Code.

            History

            1. Editorial renumbering of Chapter 2 (Sections 20100-20128) to Title 2, Division 8, Chapter 24 (Sections 45000-45128) and new Article 7 (Section 20100) filed 9-19-80; effective thirtieth day thereafter (Register 80, No. 38).

            20101. Definitions.

            1. For the purpose of Sections 20102-20105, "qualified write-in candidate" shall refer to candidates who have complied with Chapter 8 of Division 6 of the Elections Code (beginning at Section 7300).
            2. For the purpose of Sections 20102-20105, "ballot" shall include ballot envelope, card, or paper ballot on which write-in votes are authorized to be indicated by Elections Codes 10331.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 15242, 15304, 17100, 17101, 22603, Elections Code.

            History

            1. New section filed 10-20-80 as an emergency; effective upon filing (Register 80, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-17-81.
            2. Certificate of Compliance transmitted to OAL 2-6-81 and filed 3-5-81 (Register 81, No. 10).

            20102. Write-in Vote; No Office Indicated.

            The name of a qualified write-in candidate shall be counted when the name is written in on a voter's ballot and no office is indicated for the candidate, or the office is incompletely indicated (e.g., "Senator" without district number), if:

            1. the candidate is a qualified write-in candidate for an office properly appearing on the voter's ballot; and
            2. no other qualified write-in candidate for any office appearing on the voter's ballot bears a name so similar to the name as written in, considering the voter's misspellings or omission of portions of the name, if any, as to leave a reasonable doubt as to the voter's intention.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 15242, 15304, 17100, 17101 and 22603, Elections Code.

            History

            1. New section filed 10-20-80 as an emergency; effective upon filing (Register 80, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-17-81.
            2. Certificate of Compliance transmitted to OAL 2-6-81 and filed 3-5-81 (Register 81, No. 10).

            20103. Write-in Vote; Misspelled or Incomplete Name.

            The misspelled or incomplete name of a qualified write-in candidate written in on a ballot shall be counted for the candidate when the office for which the candidate has qualified is also indicated on the voter's ballot, if:

            1. the name as written bears a reasonable resemblance to the qualified candidate's name; and
            2. no other write-in candidate qualified for the indicated office has a name that is so similar to the name as written in as to leave a reasonable doubt as to the voter's intention.

            Note: Authority cited: Section 1272.5, Government Code. Reference: Sections 15242, 15304, 17100, 17101, 22603, Elections Code.

            History

            1. New section filed 10-20-80 as an emergency; effective upon filing (Register 80, No. 43). A Certificate of Compliance must be transmitted to OAL, within 120 days or emergency language will be repealed on 2-17-81.
            2. Certificate of Compliance transmitted to OAL 2-6-81 and filed 3-5-81 (Register 81, No. 10).

            20104. Write-in Vote; Misspelled or Incomplete Name, Office Omitted.

            The misspelled or incomplete name of a qualified write-in candidate written in on a ballot shall be counted for the candidate even though the office for which the candidate has qualified is omitted or incompletely indicated on the voter's ballot, when:

            1. the name as written bears a reasonable resemblance to the qualified candidate's name; and
            2. no other write-in candidate qualified for any office properly appearing on the voter's ballot has a name that is so similar to the name as written in as to leave a reasonable doubt as to the voter's intention.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 15242, 15304, 17100, 17101 and 22603, Elections Code.

            History

            1. New section filed 10-20-80 as an emergency; effective upon filing (Register 80, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-17-81.
            2. Certificate of Compliance transmitted to OAL 2-6-81 and filed 3-5-81 (Register 81, No. 10).

            20105. Write-in Vote; Wrong Office Indicated.

            The name of a write-in candidate qualified for an office appearing on the voter's ballot which is written in the pre-printed column designated for an office other than one for which the write-in candidate is qualified shall not be counted for any purpose.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 15242, 15304, 17100, 17101 and 22603, Elections Code.

            History

            1. New section filed 10-20-80 as an emergency; effective upon filing (Register 80, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-17-81.
            2. Certificate of Compliance transmitted to OAL 2-6-81 and filed 3-5-81 (Register 81, No. 10).

            20106. Voting System Inspection.

            On election day, every precinct inspector shall inspect every voting system or machine at least every two hours during hours the polls are open. Any marks, notations, or other matter found written or otherwise marked on the ballot assembly or machine which bears the candidate's names and titles of measures shall immediately be removed or the ballot assembly replaced. This section shall apply only to elections using voting machines or voting systems on which the candidate's names and titles of measures are not printed on the punch card or paper on which the voter marks, punches or otherwise indicates the vote.

            Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 29470 and 29612, Elections Code.

            History

            1. New section filed 10-20-80 as an emergency; effective upon filing (Register 80, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-17-81.
            2. Certificate of Compliance transmitted to OAL 2-6-81 and filed 3-5-81 (Register 81, No. 10).

            20107. Standards for Proof of Residency or Identity When Proof Is Required by Help America Vote Act.

            1. This section shall apply in all instances where voters and new registrants are required by the federal Help America Vote Act of 2002 (Pub. L. 107-252, 116 Stat. 1666, 42 U.S.C. 15483) to prove residency or present documents to establish identity.
            2. This section shall be liberally construed to permit voters and new registrants to cast a regular ballot. Any doubt as to the sufficiency of proof or a document presented shall be resolved in favor of permitting the voter or new registrant to cast a regular ballot.
            3. If a voter or new registrant does not present proof or a document that complies with this section, then the voter or new registrant shall be advised by the poll worker or other election official with whom the voter or new registrant is conferring that he or she may vote a provisional ballot and the voter or new registrant shall be permitted to do so.
            4. For purposes of this regulation, proof of residency or identity, shall consist of presenting an original or copy of any of the documents described below in either paragraph (1) or (2).
              1. Current and valid photo identification provided by a third party in the ordinary course of business that includes the name and photograph of the individual presenting it. Examples of photo identification include, but are not limited to, the following documents:
                1. driver's license or identification card of any state;
                2. passport;
                3. employee identification card;
                4. identification card provided by a commercial establishment;
                5. credit or debit card;
                6. military identification card;
                7. student identification card;
                8. health club identification card;
                9. insurance plan identification card; or
                10. public housing identification card.
                1. utility bill;
                2. bank statement;
                3. government check;
                4. government paycheck;
                5. document issued by a governmental agency;
                6. sample ballot or other official elections document issued by a governmental agency dated for the election in which the individual is providing it as proof of residency or identity;
                7. voter notification card issued by a governmental agency;
                8. public housing identification card issued by a governmental agency;
                9. lease or rental statement or agreement issued by a governmental agency;
                10. student identification card issued by a governmental agency;
                11. tuition statement or bill issued by a governmental agency;
                12. insurance plan card or drug discount card issued by a governmental agency;
                13. discharge certificates, pardons, or other official documents issued to the individual by a governmental agency in connection with the resolution of a criminal case, indictment, sentence, or other matter;
                14. public transportation authority senior citizen and disabled discount cards issued by a governmental agency;
                15. identification documents issued by governmental disability agencies;
                16. identification documents issued by government homeless shelters and other government temporary or transitional facilities;
                17. drug prescription issued by a government doctor or other governmental health care provider;
                18. property tax statement issued by a governmental agency;
                19. vehicle registration issued by a governmental agency; or
                20. vehicle certificate of ownership issued by a governmental agency.

                Note: Authority cited: Section 12172.5, Government Code; and Section 2124, Elections Code. Reference: Section 14310, Elections Code; and Section 303, Pub. L. No. 107-252, 116 Stat. 1666 (2002) [42 U.S.C. 15483].

                History

                1. New section filed 1-18-96 as an emergency; operative 1-16-96 pursuant to Government Code section 11349.3 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
                2. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 39).
                3. New section filed 9-27-96; operative 9-27-96 pursuant to Government Codesection 11343.4(d) (Register 96, No. 39).
                4. Amendment of subsection (b) and new subsection (d) filed 1-20-98 as an emergency; operative 1-20-98 (Register 98, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-20-98 or emergency language will be repealed by operation of law on the following day.
                5. Certificate of Compliance as to 1-20-98 order, including amendment of section heading, transmitted to OAL 5-15-98 and filed 6-23-98 (Register 98, No. 26).
                6. Amendment of section heading, repealer and new section and amendment of Note filed 2-5-2004 as an emergency; operative 2-5-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-4-2004 or emergency language will be repealed by operation of law on the following day.
                7. Amendment of section heading, repealer and new section and amendment of Note refiled 6-1-2004 as an emergency, including further amendment of subsection (a); operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
                8. Amendment of section heading, repealer and new section and amendment of Note refiled 9-29-2004 as an emergency; operative 9-29-2004 (Register 2004, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-2005 or emergency language will be repealed by operation of law on the following day.
                9. Amendment of section heading, repealer and new section and amendment of Note refiled 1-26-2005 as an emergency; operative 1-27-2005 (Register 2005, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-27-2005 or emergency language will be repealed by operation of law on the following day.
                10. Amendment of section heading, repealer and new section and amendment of Note refiled 5-27-2005 as an emergency; operative 5-27-2005 (Register 2005, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-26-2005 or emergency language will be repealed by operation of law on the following day.
                11. Certificate of Compliance as to 5-27-2005 order, including amendment of section, transmitted to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).