Procedures at PollsChallenging a Voter
Section § 14240
In California, only a precinct board member can verbally challenge a voter at the polling place. They can do this if they suspect the voter is using someone else's name, doesn't live in the area, isn't a U.S. citizen, or has already voted. No one else, except election officials, can question a voter's eligibility.
If a board member receives a document suggesting someone should be challenged, they must first determine if there's probable cause. Before acting on any document, they must consult with an election official to decide if there's enough reason to challenge the voter and learn the proper procedures for doing so.
Section § 14241
If a piece of mail is returned undelivered by the post office, it cannot be the sole reason to question someone's residency for voting purposes. To challenge someone's residency, there must be additional evidence or testimony.
Section § 14242
This section states that challenges to a voter’s eligibility based on moving from their registered precinct do not apply if the voter has moved within 14 days before an election and is still registered in a precinct in California.
Section § 14243
This law states that if someone challenges a voter's identity on election day, claiming the voter is not the person listed on the official voting roster, a precinct board member must ask the voter to swear or affirm that they are indeed the person named on the list.
Section § 14244
If someone claims that a person trying to vote isn't a resident of the precinct or county, the voter must take an oath and answer a simple question about their residency. They will be asked if they live in the precinct or the county, depending on where the voting is taking place. If the answer is a straightforward "Yes," no further questions will be asked.
Section § 14245
This law states that if someone is challenged at a polling place because it's suspected that they have already voted in the election, a precinct board member must ask them to take an oath. In the oath, the person must swear or affirm that they haven't voted already, either by mail or at a polling place.
Section § 14246
This law says that if someone is challenged at a polling place because they are believed to be impersonating someone else or have already voted that day, they can overcome the challenge by swearing an oath as described in other specific sections (14243 or 14245).
Section § 14247
When a voter is challenged for not being a resident of the precinct or not being a U.S. citizen, the local voting board will handle the issue immediately at the polling place. They can ask other people there to provide information if they think it will help resolve the challenge.
Section § 14248
Before swearing someone in about where they live, a precinct board member must read them specific rules about residency challenges found in other parts of the law.
Section § 14249
If someone is challenged at a polling place and they refuse to swear an oath or answer questions about where they live, they won't be allowed to vote.
Section § 14250
This law explains that when the precinct board needs to figure out a person's residence for voting purposes, they must follow specific rules found in another part of the law, starting with Section 2020.
Section § 14251
If there's any uncertainty about how to read or understand the law, the benefit of the doubt should go to the voter being challenged.
Section § 14252
This law requires the precinct board to create a detailed list concerning voter challenges. They must record the names and addresses of both people who are challenged and those providing information about someone’s voting eligibility. They need to note the reason for each challenge, the board’s decision on these challenges, and any related evidence. If evidence is presented for a challenge, it must be sent back to the election official overseeing the election.
Section § 14253
This law allows a precinct board to stop voter challenges if they are causing delays that might discourage people from voting or if they create fear of being unfairly intimidated. The board must also record this action in the voting roster.