Preliminary ProvisionsDefinitions
Section § 300
This section defines two types of voters: "vote by mail voter" and "military or overseas voter." A vote by mail voter is anyone who votes using a method other than in-person at a polling place. A military or overseas voter includes U.S. military personnel stationed abroad, their spouses or dependents, and other U.S. citizens living outside the U.S., including members of various federal commissions, such as the National Oceanic and Atmospheric Administration. It outlines who qualifies for voting outside their home county or from overseas.
Section § 300.5
'Affiliated with a political party' refers to the political party that a voter or a candidate has declared as their preference on their registration form. This term is used when talking about voters or candidates for offices that require voters to nominate candidates.
Section § 301
This section defines what a 'ballot' is in the context of elections. A ballot includes the candidates and measures that voters can choose from during an election. The ballot can be presented in two ways: either as paper ballot cards, where voters mark their choices, or through an electronic voting system. The electronic system allows voters to pick candidates and measures using a touchscreen or similar device, and it prints out the voter's selections.
Section § 302
A "ballot card" is a card where voters can find the names of candidates running for various offices or the titles of measures up for vote. It includes spaces for voters to write in names not already listed on the ballot.
Section § 303
This section defines what 'ballot label' means in different contexts. For a candidate, it includes their name and title. For statewide measures, it's a short summary of the measure's title and financial implications, plus a list of supporters and opponents. For other measures, it's the question and statements specified in other sections. Finally, for advisory votes, it refers to a specific description in the code.
Section § 303.1
This law specifies how the ballot label for a statewide referendum in California should be presented. It must include a title in the form of a question asking whether California should keep or overturn a specific law, mentioning the year it was enacted and a brief description of the law. The entire title and summary must be concise, totaling no more than 75 words. Starting in 2025, the label will also list supporters and opponents of the referendum as featured in the voter guide.
Section § 303.3
This law defines a "remote accessible vote by mail system" as a type of system used by voters to mark their electronic mail-in ballots. The system must be mechanical, electromechanical, or electronic, and voters are required to print a paper version of the ballot to submit it to election officials. Importantly, this system cannot be connected to any voting system at any time, ensuring security and integrity.
Section § 303.4
In California law, a "Ballot on demand system" is a complete setup that lets people create and finalize blank card stock whenever needed.
This system can make unfinished paper into usable ballot cards that are ready for voting.
Section § 303.5
This section explains the terms "ballot title," "ballot title and summary," and "circulating title and summary" for ballot measures in California. A "ballot title" is the name or question related to an initiative or referendum. The "ballot title and summary" summarizes a measure's purpose, points, and fiscal impact for state voter guides and shouldn't exceed 100 words, excluding financial details. For referendums, the title is a question about keeping or overturning a law, followed by a summary. It also lists top funders and includes details about a proposed law's impacts. "Circulating title and summary" refer to text on petitions explaining the purpose and fiscal effects of initiatives or referendums.
Section § 304
This law section defines what "campaign advertising or communication" means. It covers messages that candidates, their committees, or other groups use to support or oppose candidates or ballot measures. These messages can be shared through various media like TV, radio, newspapers, outdoor ads, or direct mail.
Section § 305
This law defines who is considered a 'candidate' for different purposes within California's election laws. It includes anyone who declares in writing that they're running for an office, anyone listed on a ballot, and those whose write-in votes can be counted. It also considers anyone receiving or spending money to run for an office as a candidate, even if they haven't declared which office they're seeking. Lastly, it includes any officeholder facing recall and those listed or qualified to receive votes for different public offices during elections.
Section § 305.5
This section defines what a 'paper cast vote record' is. It's an auditable document that shows the voter's choices for the contests on their ballot.
The paper cast vote record is considered an official ballot only if it's produced by a voting device that meets layout rules and is counted by a different machine than the one that generated it.
Section § 306
A "city measure" refers to anything that is put to a vote in a city. This includes proposals to change the city charter, issue bonds, advisory questions, and other matters that require voter approval.
Section § 307
Section § 308
This law explains that for initiatives and referendums related to certain district elections, the term 'district elections official' can refer to either the county elections official or any other officer or board that carries out the duties usually assigned to the district clerk.
Section § 309
This section defines the term 'Committee' in election law. A 'Committee' is any person or group that gets or spends money to influence voter decisions on candidates or measures. These committees must file campaign reports as required by government rules.
Section § 310
This section clarifies that whenever the law mentions "county" or "city," it also refers to an entity that is both a city and a county, like San Francisco.
Section § 312
A "county measure" refers to any issue or proposal voted on by all the voters in a single county. This includes proposed changes to the county's charter, bond issues, and any other questions or propositions presented to the county's voters during an election. It also covers proposals put to public district voters if the district's boundaries match those of the county.
Section § 313
This law defines the term 'county office' as any position held by a county officer. Essentially, it's any official position within the county's government.
Section § 314
This section defines a 'county officer' as any elected official listed in a specific part of the Government Code. Basically, it's saying that if you're an elected county official as described in Division 2, Title 3, you're considered a county officer under this law.
Section § 316
A "direct primary" is an election that takes place twice during even-numbered years: once in June and once in March. In years that are not divisible by four, it's held on the first Tuesday after the first Monday in June. In years divisible by four, it occurs on the first Tuesday after the first Monday in March.
Section § 317
This law section states that the term 'District' includes any regional organization that has the authority to impose taxes, regulate land use, or seize and buy land when considering initiative and referendum processes.
Section § 318
This section defines the term "election" as including any type of election, such as a primary, that is covered by this legal code.
Section § 319
An "election board" includes local governing bodies such as county boards of supervisors, city councils, or any designated board or officer that has similar responsibilities according to a city or county charter.
Section § 319.5
This law defines 'electioneering' as showing or spreading information for or against a candidate or measure on the ballot near voting areas. Specifically, electioneering is forbidden within 100 feet of polling places, election offices, or ballot drop locations. This includes displaying names or logos, wearing items like hats or shirts, and spreading information audibly.
It prohibits blocking access to these areas and spreading election-related information near vote-by-mail drop boxes.
Section § 320
This law defines who qualifies as an "elections official." Essentially, it includes anyone responsible for conducting elections such as clerks, county clerks, city clerks, registrars of voters, or elections supervisors who oversee elections in any area within the state.
Section § 321
This law defines who qualifies as an "elector" in California. Generally, an elector is someone who is a U.S. citizen, at least 18 years old, and resides in an election precinct in California by election day. However, there are exceptions: individuals who don't meet the residency requirement but are eligible to vote under specific conditions are also considered electors. This includes those who were last residents of California or were born abroad to Californians who met residency requirements, provided they haven't registered to vote in another state. Such individuals are considered California residents for voting purposes.
Section § 322
This section defines 'electoral jurisdiction' as the area where voters live and are eligible to vote for the official who is up for recall.
Section § 323
This section explains what a "federal election" includes. It's any election where voters are choosing people for major national positions like President, Vice President, and members of either the U.S. Senate or the House of Representatives. Elections can be regular ones or those held at other times if they involve these offices.
Section § 324
This law defines a 'general election' in California. There are two main types: elections on the first Tuesday after the first Monday in November during even-numbered years, and statewide elections on regular dates as outlined in another section. At each general election, California votes for a Representative for each congressional district and sometimes a Senator if the election is right before a new Senate term starts.
Section § 325
An 'Inspector' is the person in charge of a precinct board that they belong to. Basically, they're the boss of their precinct during elections.
Section § 326
This section simply defines what a 'judicial office' means. It refers to any position that is occupied by someone who serves as a judge or a judicial officer.
Section § 327
This section defines a "judicial officer" as someone who serves as a Justice on California's Supreme Court, a justice on a court of appeal, or a judge in the superior court.
Section § 327.5
This section defines the term 'jurisdiction' as any county, city, city and county, or special district that holds elections according to the election code.
Section § 328
A 'local election' refers to elections that take place at the municipal, county, or district levels.
Section § 329
The term "measure" refers to any proposed change to the state constitution or any other proposal that is decided by a public vote during an election.
Section § 330
A municipal election refers to elections held in cities that follow general law as well as, when relevant, cities that have their own charters.
Section § 332.5
This law defines 'nominate' as choosing candidates during a state-run primary election who then qualify to run in the general election. It clarifies that this term doesn't include any other methods a political party might use to pick its preferred candidates for nonpartisan or voter-nominated offices.
Section § 333
This section defines 'nomination documents' as both the declaration of candidacy and the nomination papers, meaning these are the forms candidates need to complete to run for office.
Section § 334
A nonpartisan office is a position for which political parties cannot nominate candidates. Examples include judicial positions, school positions, county roles, municipal roles, and the Superintendent of Public Instruction. Voter-nominated offices are not considered nonpartisan.
Section § 335
This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.
Section § 335.5
The 'official canvass' is the process of counting all votes in an election, including provisional and mail-in ballots not initially counted. It involves tallying, checking for duplicate votes, and manually checking 1% of precincts to ensure accuracy.
Section § 336
The 'official summary date' refers to the day the Attorney General sends or mails a circulating title and summary of a proposed initiative to its supporters.
Section § 336.5
This law explains a process called the "one percent manual tally." It's a way to double-check the vote counting by manually counting ballots from 1 percent of randomly chosen voting precincts. Additionally, one precinct for each race that isn't already included is also checked. This helps verify the automated vote count's accuracy during the official canvass.
If the election uses vote centers instead of traditional precincts, this manual check can be done using a special batch method outlined in another law (Section 15360).
Section § 336.7
This law defines an "out-of-state emergency worker" as someone who is officially involved in handling an emergency situation declared in another state. Their job must be recognized in an executive order linked to that specific emergency.
Section § 337
This law section defines what a 'partisan office' or 'party-nominated office' means. It includes positions like the President and Vice President of the United States, as well as elected members of a party committee.
Section § 338
This section defines the term "Party" as a political party or organization that is eligible to take part in any primary or presidential general election.
Section § 338.5
This law defines a "polling place" as any location where a voter can cast their ballot. It includes terms like poll, polling location, and vote center, and notes that one polling place can serve multiple voting districts or precincts.
Section § 338.6
A 'precinct' is an area within a county where voters live, and it determines where they vote on election day. Voters from the same precinct go to a designated polling place. In elections using vote centers, voters from any precinct in the county can vote at any vote center in that county.
Section § 339
This section defines what a 'precinct board' is within the context of an election in California. A precinct board is a group of people appointed by the election official to oversee voting at either a single location or a centralized vote center. Additionally, if activities related to counting votes or processing occur after polls close, the term 'precinct board' also includes any separate canvassing group appointed for this purpose. A 'precinct board member' is anyone who serves on this board, including election officers.
Section § 340
The term "presidential primary" refers to a primary election that occurs on the first Tuesday after the first Monday in March during years that are evenly divisible by four. This timing aligns with the U.S. presidential election cycle.
Section § 341
This law defines a 'primary election' as any primary nominating election specified in the code.
Section § 342
This section defines who the 'proponents' of an initiative or referendum measure are in California. For statewide measures, these are the voters who give the Attorney General the proposed text to get a title and summary. For other measures, they are the people who announce their plan to gather signatures or who directly file the petitions.
Section § 343
The "proponent or proponents of a recall petition" refers to the individuals responsible for managing or guiding the process of collecting signatures for a recall petition.
Section § 344
This section defines a 'punchcard' as a specific type of card used in voting, where voters can cast their votes by punching, marking, or slotting the card.
Section § 345
This law section clarifies that "punching" a ballot means marking it in a way that records your vote.
Section § 346
The term 'rebuttable presumption' in this context refers to an assumption made in a legal case that is taken as true unless someone can present evidence to prove otherwise. It shifts the responsibility to the other party to provide evidence that challenges this assumption.
Section § 348
A "regular election" is one that takes place at a time already set by law. This means it's scheduled and happens consistently according to predetermined dates.
Section § 349
This section explains what 'residence' means for voting purposes in California. Your residence is where you live, also known as your domicile, which is the place you intend to stay and return to even if you're temporarily away. You can only have one official domicile at a time. However, you can have multiple residences, which are places you stay for periods of time but don't plan to stay permanently.
Section § 349.5
This section clarifies that a 'roster' is the official list of registered voters for an election. It can be on paper or electronic. The list becomes official once each voter signs it or an elections official marks it during voting.
Section § 350
A 'school measure' is a proposal that voters in a school district or community college district consider during elections. This can include things like borrowing money through bonds, raising taxes, or handling state funds to build facilities.
Section § 351
In this context, a "school office" is simply the role or position occupied by any person serving as a school officer.
Section § 352
This law defines who is considered a “school officer” in California. It specifically refers to the Superintendent of Public Instruction and the county superintendent of schools.
Section § 353
This law section defines "Section" as referring to a part of this specific legal code, unless another law is specifically mentioned.
Section § 353.5
The semifinal official canvass is the public procedure of counting and processing election ballots, including vote-by-mail and provisional ballots, on election night. For state-level elections, the results are reported to the Secretary of State.
Section § 354
This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.
Section § 354.5
This law clarifies what qualifies as a "signature" in California's election code. A signature can be a person's mark or the use of a signature stamp, which is authorized to count as a legal signature in various election-related documents. For those with disabilities who cannot write, a signature stamp can be used, provided it meets certain conditions and is used either by the person it belongs to, or by someone else with their permission and presence. If the stamp is to be used for voting, especially in mail-in ballots, specific criteria must be followed to validate its use.
To initially use a signature stamp, the owner must register it officially, either in person with an election official or through a Department of Motor Vehicles-approved process. Ultimately, these methods ensure a signature stamp is treated like a handwritten signature as long as the rules are followed.
Section § 355
This section of the law defines "software" in the context of voting systems. It includes not just computer programs, but also all necessary components such as voting devices, cards, ballot cards or papers, manuals, instructions, test procedures, printouts, and any other items required for the operation of a voting system that are not mechanical or electrical.
Section § 356
A "special election" refers to an election held at a time that isn't set by standard legal schedules.
Section § 356.5
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 357
A "statewide election" is simply an election that takes place across the entire state.
Section § 357.5
A vote center is a place set up for elections that provides specific services outlined in other parts of the law.
Section § 358
A "vote tabulating device" is any equipment used to count votes, excluding traditional voting machines. This can include devices that sort or read ballot cards, scan paper ballots, process electronic data, or use a combination of these methods.
Section § 359
Section § 359.2
This law defines a "voter list" as a collection of registered voters' information in a specified area, either by precinct or county-wide. The format can vary and may include walking lists or street indexes. This list is maintained and updated by election officials to include details on who has voted.
Section § 359.5
In California elections, a 'voter-nominated office' refers to certain positions like Governor or State Senator where candidates can indicate their party preference on the ballot, but political parties cannot nominate candidates during state-conducted primaries for these positions. Instead, such primaries are used to narrow down the candidates to those with the most votes for the general election. Despite this, political parties are still allowed to endorse, support, or oppose candidates running for these offices.
Section § 360
In California, a 'voting device' is a tool that voters use alongside a ballot card to record their vote by marking, punching, or slotting the card.
Section § 361
This law defines a "voting machine" as any electronic device that allows a voter to enter their votes. It includes devices like precinct optical scanners and direct recording systems. These machines count the votes electronically and provide a printout or human-readable record showing the total votes for each candidate and measure.
Section § 362
This law defines a 'voting system' as any mechanical, electromechanical, or electronic equipment, along with its software, that is used to cast or count votes. It specifically excludes any systems used for remote accessible vote-by-mail.