County ElectionsPublic Examinations

Section § 9190

Explanation

This law states that after certain election materials are submitted, the county elections official must make them available for public review for 10 days. Anyone can get a copy, but a fee might apply, which can't be more than the cost to make the copy.

During this 10-day period, any voter or the elections official can request changes or deletions if they believe the materials are false or misleading. This request has to be supported by strong proof and filed before the period ends. The court will only grant the request if it doesn’t majorly disrupt election processes. The elections official and the author of the materials will be involved in any legal challenge.

(a)CA Elections Code § 9190(a) The county elections official shall make a copy of the materials referred to in Sections 9119, 9120, 9160, 9162, and 9167 available for public examination in the county elections official’s office for a period of 10 calendar days immediately following the deadline for submission of those materials. Any person may obtain a copy of the materials from the county elections official for use outside of the county elections official’s office. The county elections official may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the county elections official in providing the copy.
(b)Copy CA Elections Code § 9190(b)
(1)Copy CA Elections Code § 9190(b)(1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the county elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2)CA Elections Code § 9190(b)(2) A peremptory writ of mandate or an injunction shall be issued only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
(3)CA Elections Code § 9190(b)(3) The county elections official shall be named as respondent and the person or official who authored the material in question shall be named as real parties in interest. In the case of the county elections official bringing the mandamus or injunctive action, the board of supervisors of the county shall be named as the respondent and the person or official who authored the material in question shall be named as the real party in interest.
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