Chapter 4Precinct Supplies and Ballots

Section § 17300

Explanation

This law section states that election officials have to keep voter rosters and lists for five years after an election. If electronic poll books are used, a digital copy is enough instead of paper records. Also, officials can record the voter rosters by filming or another method and destroy the original roster after the next general election.

(a)Copy CA Elections Code § 17300(a)
(1)Copy CA Elections Code § 17300(a)(1) The elections official shall preserve all rosters or combined rosters and voter lists as provided for in Section 14107, if applicable, until five years after the date of the election, after which they may be destroyed by that official.
(2)CA Elections Code § 17300(a)(2) For purposes of this subdivision, if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable.
(b)CA Elections Code § 17300(b) In lieu of preserving the original roster, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.
election official responsibilities voter rosters voter lists preservation electronic poll book digital copy of voter list storage requirements election record destruction voter registration retention filming voter rosters data file alternatives record keeping methods election data management California elections archiving procedures preservation of election documents
(Amended by Stats. 2021, Ch. 100, Sec. 4. (AB 1591) Effective January 1, 2022.)

Section § 17301

Explanation

This section outlines the handling and retention of various election materials in California for elections involving federal offices like President, Vice President, Senators, and Representatives. Election officials must keep items like voted ballots, vote-by-mail materials, spoiled and unused ballots sealed and untouched for 22 months after the election. If no legal challenges or investigations occur within this period, these materials can be destroyed or recycled.

(a)CA Elections Code § 17301(a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.
(b)CA Elections Code § 17301(b) The packages containing the following items shall be kept by the elections official, unopened and unaltered, for 22 months from the date of the election:
(1)CA Elections Code § 17301(b)(1) Voted polling place ballots.
(2)CA Elections Code § 17301(b)(2) Paper cast vote records, as defined by Sections 305.5 and 19271.
(3)CA Elections Code § 17301(b)(3) Voted vote by mail voter ballots.
(4)CA Elections Code § 17301(b)(4) Vote by mail voter identification envelopes.
(5)CA Elections Code § 17301(b)(5) Voted provisional voter ballots.
(6)CA Elections Code § 17301(b)(6) Voted conditional voter registration ballots.
(7)CA Elections Code § 17301(b)(7) Provisional ballot voter identification envelopes, including conditional voter registration voter identification envelopes cast pursuant to subdivision (e) of Section 2170.
(8)CA Elections Code § 17301(b)(8) Spoiled ballots.
(9)CA Elections Code § 17301(b)(9) Canceled ballots.
(10)CA Elections Code § 17301(b)(10) Unused vote by mail ballots surrendered by the voter pursuant to Section 3015.
(c)CA Elections Code § 17301(c) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official shall have the items identified in subdivision (b) destroyed or recycled. The packages shall otherwise remain unopened until the items are destroyed or recycled.
election materials retention voted ballots vote-by-mail envelopes provisional ballots conditional registration election contests fraudulent ballot use ballots destruction policy spoiled ballots 22-month retention election materials recycling voted polling place ballots unused ballots canceled ballots election fraud investigation
(Amended by Stats. 2024, Ch. 605, Sec. 6. (SB 1328) Effective September 25, 2024.)

Section § 17302

Explanation

This law outlines how certain election materials must be handled after state or local elections that do not involve federal candidates on the same ballot, as detailed in a different section. Key items, like voted ballots and identification envelopes, have to be kept safe and unchanged for six months following the election.

If there's no legal challenge or criminal case related to vote fraud or forgery within this period, these items can be destroyed or recycled. However, they remain unopened until such destruction or recycling occurs.

(a)CA Elections Code § 17302(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17301. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.
(b)CA Elections Code § 17302(b) The packages containing the following items shall be kept by the elections official, unopened and unaltered, for six months from the date of the election:
(1)CA Elections Code § 17302(b)(1) Voted polling place ballots.
(2)CA Elections Code § 17302(b)(2) Paper cast vote records, as defined by Sections 305.5 and 19271.
(3)CA Elections Code § 17302(b)(3) Voted vote by mail voter ballots.
(4)CA Elections Code § 17302(b)(4) Vote by mail voter identification envelopes.
(5)CA Elections Code § 17302(b)(5) Voted provisional voter ballots.
(6)CA Elections Code § 17302(b)(6) Voted conditional voter registration ballots.
(7)CA Elections Code § 17302(b)(7) Provisional ballot voter identification envelopes, including conditional voter registration voter identification envelopes cast pursuant to subdivision (e) of Section 2170.
(8)CA Elections Code § 17302(b)(8) Spoiled ballots.
(9)CA Elections Code § 17302(b)(9) Canceled ballots.
(10)CA Elections Code § 17302(b)(10) Unused vote by mail ballots surrendered by the voter pursuant to Section 3015.
(c)CA Elections Code § 17302(c) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official shall have the items identified in subdivision (b) destroyed or recycled. The packages shall otherwise remain unopened until the items are destroyed or recycled.
state or local elections non-federal elections election materials retention voted polling place ballots vote by mail ballots provisional ballots conditional voter registration spoiled ballots canceled ballots unused vote by mail ballots elections official duties contested elections vote fraud prevention ballot falsification ballot retention period
(Amended by Stats. 2024, Ch. 605, Sec. 7. (SB 1328) Effective September 25, 2024.)

Section § 17303

Explanation

This law outlines procedures for handling election materials in certain federal elections, including President and Vice President, as well as congressional candidates. Election officials must keep certain documents like tally sheets and voting lists for 22 months.

During this time, voters can inspect these materials after the official vote tally begins. If no legal disputes or criminal cases involving voter fraud are started during this period, these documents can then be destroyed or recycled.

(a)CA Elections Code § 17303(a) The following provisions apply to those elections in which candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.
(b)CA Elections Code § 17303(b) The elections official shall preserve the package or packages containing the following items for a period of 22 months:
(1)CA Elections Code § 17303(b)(1) Two tally sheets.
(2)CA Elections Code § 17303(b)(2) The challenge lists.
(3)CA Elections Code § 17303(b)(3) The assisted voters’ list.
(c)CA Elections Code § 17303(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes.
(d)CA Elections Code § 17303(d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
election materials preservation tally sheets challenge lists assisted voters list federal elections election document inspection official canvass 22-month retention vote fraud prevention ballot falsification vote by mail signature forgery election contest document destruction document recycling
(Amended by Stats. 2021, Ch. 100, Sec. 5. (AB 1591) Effective January 1, 2022.)

Section § 17304

Explanation

This law applies to state or local elections where federal and local offices are voted on separately. After such an election, officials must keep certain election materials, like tally sheets and voting records, for six months. These materials are available for public inspection, but any documents with voter signatures cannot be copied or shared. If no legal disputes or criminal investigations arise within those six months, the election materials can be disposed of.

(a)CA Elections Code § 17304(a) The following provisions apply to all state or local elections not provided for in subdivision (a) of Section 17303. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.
(b)CA Elections Code § 17304(b) The elections official shall preserve the package or packages containing the following items for a period of six months:
(1)CA Elections Code § 17304(b)(1) Two tally sheets.
(2)CA Elections Code § 17304(b)(2) The copy of the roster used as the voting record. If an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of creating a paper copy.
(3)CA Elections Code § 17304(b)(3) The challenge lists.
(4)CA Elections Code § 17304(b)(4) The assisted voters’ list.
(c)CA Elections Code § 17304(c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes, except that items that contain signatures of voters may not be copied or distributed.
(d)CA Elections Code § 17304(d) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters’ signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.
election materials retention tally sheets voting record preservation electronic poll book data public inspection of election records voter signatures confidentiality election record disposal election contest period fraudulent use of ballots ballot falsification forgery of voter signatures precinct vote handling
(Amended by Stats. 2017, Ch. 806, Sec. 81. (SB 286) Effective January 1, 2018.)

Section § 17305

Explanation

This law outlines procedures for handling election materials, such as ballots, from elections for President, Vice President, U.S. Senator, and U.S. Representative. After votes are counted, all related items must be kept for 22 months or longer if there's an unresolved election contest. The elections official is responsible for the final decision on these items. Ballot containers can only be opened if deemed necessary for shredding or recycling, and should remain sealed until the materials are destroyed or recycled.

(a)CA Elections Code § 17305(a) The following provisions apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative.
(b)CA Elections Code § 17305(b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17301 shall be kept by the elections official for 22 months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined.
(c)CA Elections Code § 17305(c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17301 shall be determined by the elections official.
(d)CA Elections Code § 17305(d) Sealed ballot containers shall not be opened unless the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled.
election materials retention ballot storage vote count procedures election contest sealed ballot containers ballot recycling ballot shredding elections official responsibilities President and Vice President elections U.S. Senator elections U.S. Representative elections 22-month retention election material disposition vote record security
(Amended by Stats. 2024, Ch. 605, Sec. 8. (SB 1328) Effective September 25, 2024.)

Section § 17306

Explanation

This California election law section outlines rules for state and local elections where federal office votes are not on the same ballot. It requires keeping election-related items for six months after the election, or longer if there is a contest about the election results. The elections official is responsible for deciding how to handle these items after that period.

Sealed ballot containers can only be opened for shredding or recycling if necessary, and not for any other reason. Otherwise, they must stay closed until the materials are destroyed or recycled.

(a)CA Elections Code § 17306(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17305. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.
(b)CA Elections Code § 17306(b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17302 shall be kept by the elections official for six months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined.
(c)CA Elections Code § 17306(c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17302 shall be determined by the elections official.
(d)CA Elections Code § 17306(d) Sealed ballot containers shall not be opened unless the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled.
state elections local elections ballot handling election materials retention sealed ballot containers election contests election results vote counting recycling process shredding election materials elections official responsibility election material destruction election material storage federal office exclusion ballot security
(Amended by Stats. 2024, Ch. 605, Sec. 9. (SB 1328) Effective September 25, 2024.)