It is the intent of the Legislature in enacting this chapter to provide guidance in interpreting Section 2.5 of Article II of the California Constitution.
Chapter 11Extension of Deadlines
Section § 15700
This law is meant to help explain how to interpret Section 2.5 of Article II of the California Constitution. The Legislature created this chapter to provide clarity and guidance on that specific part of the Constitution.
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Section § 15701
This law allows a county elections official to ask their local court for more time if a deadline after an election makes it difficult to count or recount ballots properly. The court can approve the request if it determines that the current deadline would stop all votes from being counted as required by the California Constitution.
If a postelection deadline imposed by this code prevents the proper tabulation or recounting of ballots, the county elections official of the affected county may petition the superior court of that county for an extension sufficient to permit the tabulation or recounting of ballots. The court may grant the petition if it finds that the time limitation would prevent the counting of all votes as required by Section 2.5 of Article II of the California Constitution.
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Section § 15702
This section clarifies that the term "vote" under the California Constitution includes everything needed to ensure a vote counts in an election. This means not just the act of casting a ballot, but also registering to vote, completing any necessary steps before voting, and making sure the ballot is correctly counted in the final tally for candidates and measures.
For purposes of Section 2.5 of Article II of the California Constitution, “vote” includes all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, voter registration, any other act prerequisite to voting, casting a ballot, and having the ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public office and ballot measures.
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