Section § 14240

Explanation

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.

(a)CA Elections Code § 14240(a) A person offering to vote may be orally challenged within the polling place only by a member of the precinct board upon any or all of the following grounds:
(1)CA Elections Code § 14240(a)(1) That the voter is not the person whose name appears on the roster.
(2)CA Elections Code § 14240(a)(2) That the voter is not a resident of the precinct, or in an election conducted using a voter center, not a resident of the county.
(3)CA Elections Code § 14240(a)(3) That the voter is not a citizen of the United States.
(4)CA Elections Code § 14240(a)(4) That the voter has voted in that election.
(b)CA Elections Code § 14240(b) A person, other than a member of a precinct board or other official responsible for the conduct of the election, shall not challenge or question any voter concerning the voter’s qualifications to vote.
(c)CA Elections Code § 14240(c) If any member of a precinct board receives, by mail or otherwise, any document or list concerning the residence or other voting qualifications of any person or persons, with the express or implied suggestion, request, or demand that the person or persons be challenged, the board member shall first determine whether the document or list contains or is accompanied by evidence constituting probable cause to justify or substantiate a challenge. In any case, before making any use whatever of such a list or document, the member of the precinct board shall immediately contact the elections official, charged with the duty of conducting the election, and describe the contents of the document or list and the evidence, if any, received bearing on voting qualifications. The elections official shall advise the members of the precinct board as to the sufficiency of probable cause for instituting and substantiating the challenge and as to the law as herein provided, relating to hearings and procedures for challenges by members of the precinct board and determination thereof by a precinct board. The elections official may, if necessary, designate a deputy to receive and answer inquiries from precinct board members as herein provided.

Section § 14241

Explanation

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.

A piece of mailed matter returned undelivered by the post office shall not be accepted or used as evidence upon which to initiate a challenge as to residency by any member of the precinct board unless other evidence or testimony is also presented, nor shall the mailed matter, standing alone without other evidence or testimony, be accepted as evidence by the precinct board in determining a challenge.

Section § 14242

Explanation

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.

The ground for challenge set forth in paragraph (2) of subdivision (a) of Section 14240 shall not apply to any person duly registered as a voter in any precinct in California and moving from that precinct within 14 days prior to an election.

Section § 14243

Explanation

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.

If the challenge is on the ground that the person seeking to vote is not the person whose name appears on the roster, a member of the precinct board shall tender the following oath: “You do swear (or affirm) that you are the person whose name is entered on the roster.”

Section § 14244

Explanation

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.

If the challenge is on the ground that the person seeking to vote is not a resident of the precinct, or in an election conducted using a voter center, not a resident of the county, the person challenged shall be sworn to answer questions, and after having been sworn, a member of the precinct board shall ask that person: “Are you a resident of this precinct?” or in an election conducted using a voter center, “Are you a resident of the county?”; If the answer to the question is “Yes,” without significant qualification, no other questions shall be asked.

Section § 14245

Explanation

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.

If the challenge is on the ground that the person challenged has already cast a ballot for this election, a member of the precinct board shall tender to the person challenged this oath:
“You do swear (or affirm) that you have not previously voted in this election, either by vote by mail ballot or at a polling place.”

Section § 14246

Explanation

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).

If the challenge is on the ground either that the person challenged is not the person whose name appears on the roster, or that he or she has voted that day, the challenge shall be determined in favor of the person challenged if that person takes the oath as set forth either in Section 14243 or 14245.

Section § 14247

Explanation

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.

Challenges of voters that they are not residents of the precinct or citizens of the United States shall be tried and determined by the precinct board at the time of the challenge. The precinct board may, at its discretion, also request any other person, present in the polling place to be sworn and answer questions, whom the board believes may have knowledge or information concerning the facts of the challenge.

Section § 14248

Explanation

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.

Before administering an oath to a person regarding his or her place of residence, a member of the precinct board shall read to the person challenged, the rules prescribed by Section 14249 and Article 2 (commencing with Section 2020) of Chapter 1 of Division 2.

Section § 14249

Explanation

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.

If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the questions concerning the matter of residence, that person shall not be allowed to vote.

Section § 14250

Explanation

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.

The precinct board, in determining the place of residence of any person, shall be governed by the rules set forth in Article 2 (commencing with Section 2020) of Chapter 1 of Division 2.

Section § 14251

Explanation

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.

Any doubt in the interpretation of the law shall be resolved in favor of the challenged voter.

Section § 14252

Explanation

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.

The precinct board shall compile a list showing all of the following:
(a)CA Elections Code § 14252(a) The name and address of each person challenged.
(b)CA Elections Code § 14252(b) The name, address, and any other identification as a voter, of each person offering information concerning any person’s qualifications to vote, or testifying pursuant to Section 14247, together with the name and address and any other identification of the person about whom the information or testimony is given.
(c)CA Elections Code § 14252(c) The grounds of each challenge.
(d)CA Elections Code § 14252(d) The determination of the board upon the challenge, together with any written evidence pertaining thereto.
(e)CA Elections Code § 14252(e) If evidence has been presented to the board requesting challenges, the evidence shall be returned to the elections official responsible for the conduct of the election.

Section § 14253

Explanation

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.

In the event that the precinct board determines that persistent challenging of voters is resulting in a delay of voting sufficient to cause voters to forego voting because of insufficient time or for fear of unwarranted intimidation, the board shall discontinue all challenges, and so note on the roster.