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California Regulations § 20143 Ballot Collection Procedures and Chain of Custody

⤴ Up to Article 1: Retrieval of Voted Ballots Prior to the Closing of the Polls

Regulation Text

(a) The county elections official shall develop early ballot retrieval collection and chain of custody procedures, which shall be substantially similar to the following:
(1) The county elections official shall assign at least two designated ballot retrievers to retrieve voted ballots from polling places prior to the closing of the polls. Each designated ballot retriever shall wear a badge or similar identification that readily identifies them as a designated ballot retriever. In addition, each designated ballot retriever must take the following oath prior to retrieving ballots: "I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."
(2) The names of the designated ballot retrievers shall be communicated to the precinct inspector or vote center lead immediately prior to the opening of the polls. In the event a designated ballot retriever is unable to perform the duty of retrieving ballots, the elections official shall notify the precinct inspector of that fact and provide the name of the alternate designated ballot retriever.
(3) Only designated ballot retrievers may transport the retrieved voted ballots identified under this Article.
(4) Upon arrival at the polling place, the designated ballot retrievers shall each personally provide their identification to the precinct inspector, and note, on a form prescribed by the elections official, the time of arrival.
(5) Immediately prior to the retrieval of the ballots, the precinct inspector shall publicly announce to the voters in the polling place that voted ballots are being retrieved prior to the closing of the polls for transportation to the office of the county elections official, a ballot receiving center, a central counting place, or a ballot processing location.
(6) Prior to departure from the polling place, the precinct inspector and the designated ballot retrievers shall sign the form described in Subdivision (a)(4) above, and shall note the location the ballots were retrieved from and the time of departure.
(7) In no event shall a designated ballot retriever conduct unofficial business or make any unscheduled stops while in the possession of voted ballots.
(8) Upon arrival at the office of the county elections official, a ballot receiving center, a central counting place, or a ballot processing location, the designated ballot retrievers who retrieved the ballots shall note the time of arrival on the form described in Subdivision (a)(4) above.
(9) The county elections official, or his or her designee, shall inspect the secure ballot container for evidence of tampering and shall receive the retrieved ballots by signing the retrieval form, and including the date and time of receipt. In the event tampering is evident, that fact shall be noted on the retrieval form.
(10) The completed retrieval form shall be attached to the outside of the secure ballot container used to transport the voted ballots retrieved from the polling place or maintained in a manner prescribed by the elections official that ensures that the form is traceable to its respective secure ballot container.
(11) The precinct inspector and the elections official shall follow the procedures set forth in the Elections Code for the reconciliation of the ballots retrieved pursuant to this Article.
(b) The county elections official shall provide its early ballot retrieval collection and chain of custody procedures to the Secretary of State by the 30th day prior to an election in which ballots will be retrieved prior to the closing of the polls.

Source

1. New section filed 1-8-2018; operative 1-8-2018 pursuant to Government Code section 11343.4 (b)(3) (Register 2018, No. 2).

History

1. New section filed 1-8-2018; operative 1/8/2018 pursuant to Government Code section 11343.4 (b)(3) ( Register 2018, No. 2 ).

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