Voter Bill Of Rights - - CA Elections

Section § 2300

This California law provides a Voter Bill of Rights to ensure that eligible voters, who are U.S. citizens, can freely and securely participate in elections. It guarantees rights such as voting even if not on the rolls, casting a ballot in private, getting a new ballot if a mistake is made, receiving voting assistance if needed, and asking election procedure questions.

Voters have the right to report illegal activities and must have access to election materials in their preferred language if eligible. The law also mandates that a toll-free number be available for reporting issues. The Secretary of State can establish regulations and revise the Voter Bill of Rights for clarity, and the rights must be publicized before and during elections.

(a) All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall convey all of the following to voters:

(1)

(A) You have the right to cast a ballot if you are a valid registered voter.

(B) A valid registered voter means a United States citizen who is a resident in this state, who is at least 18 years of age and not serving a state or federal prison term for conviction of a felony, and who is registered to vote at their current residence address.

(2) You have the right to cast a provisional ballot if your name is not listed on the voting rolls.

(3) You have the right to cast a ballot if you are present and in line at the polling place before the close of the polls.

(4) You have the right to cast a secret ballot free from intimidation.

(5)

(A) You have the right to receive a new ballot if, before casting your ballot, you believe you made a mistake.

(B) If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official before the closing of the polls.

(6) You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.

(7) You have the right to return a completed vote by mail ballot to any precinct in the county.

(8) You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.

(9)

(A) You have the right to ask questions about election procedures and observe the election process.

(B) You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the precinct board or elections officials may discontinue responding to questions.

(10) You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of State’s office.

(b) Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct.

(1) Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a).

(2) Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms.

(d) The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows:

(1) The Voter Bill of Rights shall be printed in the state voter information guide, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights.

(2) Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105.

Voter Bill of Rights voting rights citizen requirements provisional ballots secret ballot ballot replacement voter assistance language assistance election process questions election fraud reporting precinct supplies state voter information guide toll-free number Secretary of State regulations

(Amended by Stats. 2020, Ch. 320, Sec. 8. (AB 646) Effective January 1, 2021. Note: The operational condition in Sec. 10 of Ch. 320 was satisfied by approval of Prop. 17 (ACA 6) at the Nov. 3, 2020, election.)

Section § 2301

International election observers in California can watch all parts of the election that are open to the public, like checking the ballot marking system, counting mail-in ballots, and recounts. However, they can't interfere with voters or officials during the election.

These observers are representatives from international organizations like the United Nations or the Organization of American States.

(a) An international election observer may be provided uniform and nondiscriminatory access to all stages of the election process that are open to the public, including the public review period for the certification of a ballot marking system, the processing and counting of vote by mail ballots, the canvassing of ballots, and the recounting of ballots. An international election observer shall not interfere with a voter in the preparation or casting of the voter's ballot, with a precinct board member or an elections official in the performance of his or her duties, or with the orderly conduct of an election.

(b) For purposes of this section, “international election observer” means a person who witnesses the administration of an election in this state and who is an official representative of an international organization such as the United Nations, the Organization for Security and Cooperation in Europe, or the Organization of American States.

international election observer election process access ballot counting vote by mail processing public election stages ballot marking system election canvassing election recount observer restrictions voter interference elections official duties international organizations United Nations Organization for Security and Cooperation in Europe Organization of American States

(Added by Stats. 2016, Ch. 822, Sec. 1. (AB 2021) Effective January 1, 2017.)

Section § 2302

This law says that voters and others are allowed to use electronic devices like smartphones or tablets while at a polling place. However, they must not use them in a way that breaks other specific rules about election conduct.

A voter or any other person shall not be prohibited from using an electronic device, including a smartphone, tablet, or other handheld device, at a polling place provided that the use of the device does not result in a violation of Section 14221, 14224, 14291, 18370, 18502, 18540, 18541, or any other provision of this code.

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(Added by Stats. 2019, Ch. 561, Sec. 1. (AB 1707) Effective January 1, 2020.)