Section § 12300

Explanation

This law allows any voter or qualified individual to apply to be a precinct board member by submitting an application to the elections official. The application might need to be on specific forms provided by the elections officer.

Any voter, or any individual who possesses the qualifications set forth in paragraph (1) of subdivision (c) of Section 12302, may file an application with the elections official for the position of precinct board member. The elections official may require the application be made on specific forms supplied by the elections official.

Section § 12301

Explanation

The people chosen to help run the election in each voting location make up what's called the precinct board for that area.

The persons appointed to serve as election officers for each precinct at any election shall constitute the precinct board for that precinct.

Section § 12302

Explanation

This law outlines who can serve on a precinct board. Generally, members must be voters from the state and serve only in their assigned precinct. However, exceptions exist: up to five students per precinct, at least 16 years old, U.S. citizens or permanent residents, attending school with good grades, can be appointed with school approval. They can't tally votes. Additionally, up to five nonvoters per precinct, who are permanent residents and eligible to register except for citizenship, can be appointed. These nonvoters can't act as inspectors or tally votes.

(a)CA Elections Code § 12302(a) Except as provided in subdivisions (b) and (c), a member of a precinct board shall be a voter of the state. The member may serve only in the precinct for which his or her appointment is received.
(b)Copy CA Elections Code § 12302(b)
(1)Copy CA Elections Code § 12302(b)(1) In order to provide for a greater awareness of the elections process, the rights and responsibilities of voters, and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, an elections official may appoint not more than five pupils per precinct to serve under the direct supervision of precinct board members designated by the elections official. A pupil may be appointed, notwithstanding his or her lack of eligibility to vote, subject to the approval of the governing board of the educational institution in which the pupil is enrolled, if the pupil possesses the following qualifications:
(A)CA Elections Code § 12302(b)(1)(A) Is at least 16 years of age at the time of the election for which he or she is serving as a member of a precinct board.
(B)CA Elections Code § 12302(b)(1)(B) Is a United States citizen, will be a citizen at the time of the election for which he or she is serving as a member of a precinct board, or is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(C)CA Elections Code § 12302(b)(1)(C) Is a pupil in good standing attending a public or private secondary educational institution.
(D)CA Elections Code § 12302(b)(1)(D) Is a pupil who has a grade point average of at least 2.5 on a 4.0 scale.
(2)CA Elections Code § 12302(b)(2) A pupil appointed pursuant to this subdivision may not be used by a precinct board to tally votes.
(c)Copy CA Elections Code § 12302(c)
(1)Copy CA Elections Code § 12302(c)(1) In order to promote civic engagement among residents of the state and to provide additional members of precinct boards, an elections official may appoint not more than five nonvoters per precinct to serve as precinct board members. A nonvoter may be appointed, notwithstanding his or her lack of eligibility to vote, if the nonvoter possesses the following qualifications:
(A)CA Elections Code § 12302(c)(1)(A) Is lawfully admitted for permanent residence in the United States, as defined in Section 101(a)(20) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(20)).
(B)CA Elections Code § 12302(c)(1)(B) Is otherwise eligible to register to vote pursuant to Section 2101 except for his or her lack of United States citizenship.
(2)CA Elections Code § 12302(c)(2) A nonvoter appointed to a precinct board pursuant to this subdivision shall not be permitted to do either of the following:
(A)CA Elections Code § 12302(c)(2)(A) Serve as, or perform any of the duties of, the inspector of a precinct board.
(B)CA Elections Code § 12302(c)(2)(B) Tally votes for the precinct board.

Section § 12303

Explanation

(a) Anyone who can't read or write English can't serve on a precinct board.

(b) Non-English-speaking citizens are encouraged to vote, and steps should be taken to reduce voting obstacles for them.

(c) If at least 3% of voting-age residents in a precinct are non-English speakers, the election officials must try to recruit bilingual precinct board members. This involves working with citizens and using media attention, especially media that caters to non-English speakers.

Each county election official must report how many bilingual board members were recruited after general elections, with this data being posted online. Polling places will have board members identify their language skills with tags, so voters know where to receive help in other languages.

(d) 14 days before an election, a list of precincts with appointed officials and the languages in which they offer help must be publicly available, including online.

(a)CA Elections Code § 12303(a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.
(b)CA Elections Code § 12303(b) It is the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to non-English-speaking citizens voting without assistance.
(c)Copy CA Elections Code § 12303(c)
(1)Copy CA Elections Code § 12303(c)(1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit elections officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).
(2)Copy CA Elections Code § 12303(c)(2)
(A)Copy CA Elections Code § 12303(c)(2)(A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.
(B)CA Elections Code § 12303(c)(2)(A)(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of State’s internet website within 180 days following each statewide general election.
(3)CA Elections Code § 12303(c)(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.
(d)CA Elections Code § 12303(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections official’s internet website, and the language or languages other than English in which they will provide assistance.

Section § 12304

Explanation

This law determines the makeup of a precinct board, which is decided by an elections official based on the size of the election precinct. Each board must have at least one inspector and two clerks, with more clerks added depending on the number of registered voters in that precinct. The rule took effect on January 1, 2005.

(a)CA Elections Code § 12304(a) The composition of the precinct board shall be determined by the elections official based on election precinct size. The precinct board shall consist of a minimum of one inspector and two clerks. Additional clerk positions may be allocated in proportion to the number of registered voters within the precinct.
(b)CA Elections Code § 12304(b) This section shall become operative on January 1, 2005.

Section § 12306

Explanation

This law lets political parties nominate their members to serve on precinct boards for primary and general elections. The party member must live in the precinct and be registered to vote there. Nominations must be submitted in writing at least 90 days before the election. The county elections official should prioritize nominees from parties that have at least 10% of registered voters in that precinct.

The county elections official of any county, in appointing members of the several precinct boards to serve in the direct primary and general elections under the provisions of this code, shall permit the county central committee of each qualified political party to nominate for appointment to the precinct board a member of that party who is registered and resident in that precinct. Nomination pursuant to this section shall be made in writing to the county elections official not less than 90 days before the election for which the nomination is made. In making appointments to precinct boards from nominations submitted by political parties, the county elections official shall give preference to the nominee of any qualified political party with at least 10 percent of the registered voters in the precinct for which the nomination is made.

Section § 12307

Explanation

Once the elections office files the list of people chosen to be on the precinct board, it must promptly notify each appointed voter. This notice includes their appointment, specific role, any penalties if they don't serve, and any other important information the elections office decides to include.

Upon filing the list of names and addresses of those who have been appointed members of the precinct board, the elections official shall immediately mail or deliver to each voter so appointed, a notice stating the appointment and the position to which assigned, the penalty for failure to serve, and any other matter that the elections official determines.

Section § 12309

Explanation

This law specifies that after appointing members of precinct boards for elections, the elections official must instruct the appointed inspectors on their roles, following the standards set by the Secretary of State. Only those who have received this training can serve as inspectors unless an emergency arises, allowing for substitutes who may receive necessary instruction. Additionally, local legislative bodies can hire qualified individuals or organizations to provide this training if requested by the elections official. This law has been in effect since June 30, 2005.

(a)CA Elections Code § 12309(a) Following the appointment of members of precinct boards, the elections official shall instruct inspectors so appointed concerning their duties in connection with the conduct of the election, which instruction shall conform to the uniform standards adopted by the Secretary of State pursuant to Section 12309.5.
(b)CA Elections Code § 12309(b) A person may not serve as an inspector of a precinct board at an election unless instruction has been received in accordance with this section except that, in the case of the emergency disability of a regular inspector, substitute inspectors shall be given any instruction found necessary by the elections official.
(c)CA Elections Code § 12309(c) At the request of the elections official, the legislative body may contract with any qualified person or organization for purposes of instructing inspectors in accordance with this section.
(d)CA Elections Code § 12309(d) This section shall become operative on June 30, 2005.

Section § 12309.5

Explanation

This law mandates that by June 30, 2005, the California Secretary of State must establish uniform training standards for precinct board members. These standards cover topics like the rights of voters, handling election challenges, operating voting systems, and ensuring polling place procedures allow all voters to cast their ballots. They also include cultural competency, understanding the needs of disabled voters, and managing various voting procedures like provisional voting. Additionally, a task force of at least 12 experienced individuals will develop these guidelines, ensuring they reflect the diverse electorate and are publicly reviewed before being finalized.

(a)CA Elections Code § 12309.5(a) No later than June 30, 2005, the Secretary of State shall adopt uniform standards for the training of precinct board members, based upon the recommendations of the task force appointed pursuant to subdivision (b). The uniform standards shall, at a minimum, address the following:
(1)CA Elections Code § 12309.5(a)(1) The rights of voters, including, but not limited to, language access rights for linguistic minorities, the disabled, and protected classes as referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(2)CA Elections Code § 12309.5(a)(2) Election challenge procedures such as challenging precinct administrator misconduct, fraud, bribery, or discriminatory voting procedures as referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(3)CA Elections Code § 12309.5(a)(3) Operation of a jurisdiction’s voting system, including, but not limited to, modernized voting systems, touch-screen voting, and proper tabulation procedures.
(4)CA Elections Code § 12309.5(a)(4) Poll hours and procedures concerning the opening and closing of polling locations on election day. Procedures shall be developed that, notwithstanding long lines or delays at a polling location, ensure all eligible voters who arrive at the polling location before closing time are allowed to cast a ballot.
(5)CA Elections Code § 12309.5(a)(5) Relevant election laws and any other subjects that will assist an inspector in carrying out his or her duties.
(6)CA Elections Code § 12309.5(a)(6) Cultural competency, including, but not limited to, having adequate knowledge of diverse cultures, including languages, that may be encountered by a poll worker during the course of an election, and the appropriate skills to work with the electorate.
(7)CA Elections Code § 12309.5(a)(7) Knowledge regarding issues confronting voters who have disabilities, including, but not limited to, access barriers and the need for reasonable accommodations.
(8)CA Elections Code § 12309.5(a)(8) Procedures involved with provisional, fail-safe provisional, vote by mail, and provisional vote by mail voting.
(b)CA Elections Code § 12309.5(b) The Secretary of State shall appoint a task force of at least 12 members who have experience in the administration of elections and other relevant backgrounds to study and recommend uniform guidelines for the training of precinct board members. The task force shall consist of the chief elections officer of the two largest counties, the two smallest counties, and two county elections officers selected by the Secretary of State, or their designees. The Secretary of State shall appoint at least six other members who have elections expertise, or their designees, including members of community-based organizations that may include citizens familiar with different ethnic, cultural, and disabled populations to ensure that the task force is representative of the state’s diverse electorate. The task force shall make its recommendations available for public review and comment before the submission of the recommendations to the Secretary of State and the Legislature.
(c)CA Elections Code § 12309.5(c) The task force shall file its recommendations with the Secretary of State and the Legislature no later than January 1, 2005.

Section § 12310

Explanation

Each member of a precinct board gets paid by the local government where the election takes place. Payments come from the area's treasury. The inspector, who has extra duties like finding board members, can earn more than other board members.

Each member of a precinct board shall receive compensation from the governing body of the jurisdiction. This sum shall be paid out of the treasury of the jurisdiction in which the election is held. The inspector may receive more compensation than the other members of the precinct board. The additional compensation to the inspector is for services rendered in securing precinct board members and other duties which may be directed by the elections official.

Section § 12311

Explanation

This law states that a government agency doesn't have to pay an election officer's stipend to anyone except the election officer entitled to receive it. In other words, if an election officer is assigned or transferred, only they can receive their payment for services, not someone else.

No public agency shall be required as the result of any assignment or transfer to pay the stipend of an election officer for services to any person other than the election officer to whom the stipend is due.

Section § 12312

Explanation

This law protects employees from being fired or suspended from their job if they miss work because they are serving as an election officer.

A person shall not be suspended or discharged from any service or employment because of absence while serving as an election officer.

Section § 12313

Explanation

If a precinct board member doesn't show up on election day morning, voters present, including any board members there, can appoint another voter to take their place. If no board members show up, the voters present can appoint the entire board themselves.

However, this rule doesn't apply to elections that use vote centers.

(a)CA Elections Code § 12313(a) If any member of a precinct board does not appear at the opening of the polls on the morning of an election, those voters present, including members of the board, shall appoint a voter to fill the vacancy. If none of the members appointed appears at that time, the voters of the precinct present at that time may appoint a board.
(b)CA Elections Code § 12313(b) This section does not apply to elections conducted using vote centers.

Section § 12314

Explanation

If a member of the precinct board cannot continue their duties during an election, the inspector has the authority to appoint a voter to take their place.

The inspector may appoint a voter to replace any precinct board member who ceases to act or becomes incapacitated during the progress of an election.

Section § 12315

Explanation

If the person in charge of overseeing an election at a polling place stops being able to do their job, the remaining members of the team can choose someone to take their place.

If the inspector ceases to act, a majority of the remaining members of the precinct board may appoint a substitute.

Section § 12316

Explanation

This law allows election officials to excuse individuals from serving on precinct boards if the officials believe there is a good reason. If someone is excused or can't fulfill their role due to disqualification or incompetence, the officials can appoint someone else until a final list of election officers is completed and sent to the precinct inspector.

In constituting precinct boards, the elections official may excuse persons appointed whom the elections official is satisfied ought to be excused. Substitutions may be made when any person appointed is excused or found disqualified or incompetent, until a final or amended list of election officers is sent to the inspector for that precinct.

Section § 12318

Explanation

This law outlines the process for handling and distributing the list of precinct board members in California. After precinct board members are appointed, the county elections official must provide a copy of the member list to the county central committee of each qualified political party. Additionally, the list must be available to anyone who requests it, provided they sign a roster and show identification. Notably, this section does not apply to elections conducted using vote centers.

(a)CA Elections Code § 12318(a) Following the notification of the precinct board members appointed pursuant to Section 12307, the county elections official shall mail or deliver to the county central committee of each qualified political party a copy of the list, and the elections official may notify the same committee of any substitute appointments that are made until the time the notice of final order is sent to the precinct inspector. This list shall have the names of precinct board members in precinct order.
(b)CA Elections Code § 12318(b) In addition, the elections official shall make available a copy of the list prescribed in subdivision (a) to any person requesting a copy. Any person requesting a copy of the list shall sign a roster specifying his or her name, telephone number, and address, and shall provide the elections official with adequate personal identification.
(c)CA Elections Code § 12318(c) This section does not apply to elections conducted using vote centers.

Section § 12319

Explanation

The election official must quickly send a notice to each appointed inspector, informing them about the precinct polling place and the voters chosen to work as election officers there.

The elections official shall immediately mail or deliver to each person appointed as inspector a notice showing the precinct polling place and the voters appointed to serve as election officers in that precinct.

Section § 12320

Explanation

Before someone can work as an election officer, they must sign a declaration as specified in another section of the law.

No person is eligible to act as an election officer until the declaration required by Section 12321 has been signed.

Section § 12321

Explanation

This law mandates that election inspectors and precinct board members must sign a declaration promising to perform their duties faithfully, supporting U.S. and California Constitutions. The inspector's declaration must be returned at least 15 days before their service starts. If an inspector doesn’t sign, a substitute will be appointed. The declarations need to be witnessed and are as binding as an oath of office.

Precinct board members also have to sign a similar declaration before starting their duties. Declarations can be seen in the polling place roster. Additionally, any precinct board member can administer and certify oaths during the election with no charge, and county officials may require inspectors to sign their declaration at the start of the election duties.

(a)Copy CA Elections Code § 12321(a)
(1)Copy CA Elections Code § 12321(a)(1) Each inspector shall sign a declaration of intention to faithfully discharge the duties of inspector and shall return it to the elections official at least 15 days before election day or the first day of service at a vote center. If the inspector fails or refuses to sign and file the declaration, the elections official shall appoint a substitute who shall make and file the application.
(2)CA Elections Code § 12321(a)(2) The declaration of an inspector and each of the declarations of other members of the precinct board provided for in this article shall be signed in the presence of a witness and shall be as binding on the signer as would be an oath of office.
(3)CA Elections Code § 12321(a)(3) The declaration of an inspector shall be in substantially the following form:
State of California
County of

ss.
I do hereby solemnly declare that I will support the Constitution of the United States and the Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of inspector for polling place or vote center ______ for the election to be held on ______, 20__.
.
Signed in the presence of  _____ (Signature) _____
on ______, 20__.
(b)CA Elections Code § 12321(b) Before entering upon the performance of duties, each of the precinct board members, other than the inspector, shall sign a declaration of intention to faithfully discharge the duties of an election officer. The declaration shall be signed before any member of the precinct board. The form for each of the declarations shall be provided in the roster for the polling place. The declaration of the precinct board member shall be in substantially the following form:
State of California
County of

ss.
I do hereby solemnly declare that I will support the Constitution of the United States and the Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of precinct board member for polling place or vote center______ for the election to be held on ______, 20__.
.
Signed in the presence of  _____ (Signature) _____
on ______, 20__.
(c)CA Elections Code § 12321(c) Any precinct board member may administer and certify oaths required to be administered during the progress of an election. This authorization shall include the power to give any type of oath required of a public employee. There shall be no fee or charge for administering an oath.
(d)CA Elections Code § 12321(d) In lieu of signing and returning the declaration of the inspector, as provided in this chapter, the county elections official may require the inspector to sign the declaration for an election and before entering upon the performance of these duties.

Section § 12327

Explanation

If there aren't any appointed precinct board members or a polling place set up before an election, the county elections official must step in and immediately assign board members or choose a polling location. The official should notify the board members of their appointment.

If a polling place can't be arranged in the original precinct, the official can choose a location in a neighboring precinct, and any board member at this location is considered to be serving in their correct precinct.

(a)CA Elections Code § 12327(a) If the precinct board members for any precinct have not been appointed or cannot serve, or the polling place has not been designated prior to an election, the county elections official shall, by written order, immediately appoint the precinct board members or designate the polling place for the precinct, as the case may require, and shall notify each precinct board member of the appointment.
(b)CA Elections Code § 12327(b) If, at this time, the elections official cannot make suitable arrangements for a polling place in any precinct in which none has been designated, the elections official may designate a polling place in any contiguous precinct. Any precinct board member serving in this polling place shall be regarded as serving in the proper precinct within the meaning of this chapter.