As used in this Article, the following words have the following meanings:
(a)
A "blank ballot" is a ballot on which the voter has made no marks in any voting position target, or one which has been marked with an unreadable marker, or one which has been consistently marked outside of the "read" area of the ballot scanner.
(b)
"Candidate" means a person who is seeking nomination or election to a specified office and who either has met the legal requirements to have their name printed on the ballot or is eligible to have their name written in on the ballot and counted as the voter's choice for the contest.
(c)
A "damaged ballot" is a ballot that has been torn, bent, or otherwise mutilated or rendered unreadable such that it cannot be processed by the ballot tabulating equipment designed for use with the ballot.
(d)
A "duplicated ballot" is a ballot which is a true copy of the originally cast ballot. It is created when damage, improper marking or some other action/defect prevents the original ballot from being read by a ballot tabulating machine and is used to properly process and count the votes originally cast by the voter. A duplicated ballot also is necessary for a ballot cast using a remote accessible vote-by-mail ballot.
(e)
A "listed candidate" is a candidate whose name appears on the ballot at the time the voter received the ballot, as opposed to a write-in candidate.
(f)
A "measure" is a ballot proposition, which appears on a ballot and requires voter action in order to enact or reject a proposed law.
(g)
An "overvote" occurs when a voter marks more than the maximum number of voting position targets allowed in the contest.
(h)
"Personal information" shall have the meaning set forth in Elections Code section
14287
.
(i)
An "undervote" occurs when a voter marks less than the maximum number of voting position targets allowed in a contest.
(j)
A "voting position target" refers to that area of the ballot adjacent to each candidate or measure, or that area of the ballot, specifically designated to record the voter's choice for that contest. The term applies to all types of voting position targets on ballots, regardless of what form they may take, including, but not limited to, rectangle, oval, circle, square, hole punch, cross punch, slotting and open arrow.
Source
1. New section filed 9-28-2020 as an emergency; operative 9-28-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including amendment of NOTE, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-4-2021 as an emergency; operative 11-4-2021 (Register 2021, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-2-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-4-2021 order transmitted to OAL 1-31-2022 and filed 3-15-2022 (Register 2022, No. 11).
History
1. New section filed 9-28-2020 as an emergency; operative
9/28/2020
. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (
Register 2020, No. 40
). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including amendment of Note, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section
11346.1
(g)
(Register 2021, No. 45).
4. Certificate of Compliance as to 11-4-2021 order transmitted to OAL 1-31-2022 and filed
3/15/2022
(
Register 2022, No. 11
).