Individuals and organizations distributing voter registration cards pursuant to subdivision (b) of Section 2158 and who receive completed voter registration cards from voters shall return the completed cards to the county elections official or shall deposit the cards in the postal service within three days, excluding Saturdays, Sundays, and state holidays, of receipt from a voter.
RegistrationRegistration Procedures
Section § 2138
This law requires anyone distributing voter registration cards and who collects filled-out cards from voters to return them to the county elections office or mail them within three days. This timeframe excludes weekends and state holidays.
voter registration cards distribution completed cards
Section § 2138.5
This law ensures that specific personal information, such as driver’s license numbers, social security numbers, and signatures, found on voter registration forms is kept private. These details cannot be disclosed by individuals or groups distributing voter registration cards or handling these affidavits.
Moreover, anyone who distributes or assists with these registrations is prohibited from using this information for personal, private, or commercial gains. This includes using it for harassment, sales, marketing, or media reproduction.
Additionally, they must implement security measures to protect the information from being illegally accessed or misused.
(a)CA Elections Code § 2138.5(a) Notwithstanding any other law, an affiant’s driver’s license number, identification card number, social security number, and signature contained on an affidavit of registration are confidential and shall not be disclosed by an individual or organization that distributes voter registration cards pursuant to subdivision (b) of Section 2158, or by a person entrusted with an affidavit of registration from an elector pursuant to paragraph (2) of subdivision (b) of Section 2158. However, this subdivision shall not be construed to prohibit a person entrusted with an affidavit of registration from an elector pursuant to paragraph (2) of subdivision (b) of Section 2158 from returning the affidavit to the individual or organization that distributed the voter registration card pursuant to
subdivision (b) of Section 2158.
(b)CA Elections Code § 2138.5(b) An individual or organization that distributes voter registration cards pursuant to subdivision (b) of Section 2158, a person entrusted with an affidavit of registration from an elector pursuant to paragraph (2) of subdivision (b) of Section 2158, or an individual or organization that assists with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State shall comply with both of the following:
(1)CA Elections Code § 2138.5(b)(1) Shall not use affidavit of registration information for any personal, private, or commercial purpose, including for any of the following:
(A)CA Elections Code § 2138.5(b)(1)(A) The harassment of a voter or voter’s household.
(B)CA Elections Code § 2138.5(b)(1)(B) The advertising, solicitation, sale, or marketing of products or services to a voter or voter’s household.
(C)CA Elections Code § 2138.5(b)(1)(C) Reproduction in print, broadcast visual or audio, or display on the Internet.
(2)CA Elections Code § 2138.5(b)(2) Shall employ reasonable security measures, including employing administrative and physical safeguards, and, for affidavit of registration information available in an electronic form, technical safeguards, to protect the voter registration information from unlawful disclosure and misuse.
voter registration privacy confidential voter information security measures for voter data
Section § 2139
On the final day to register for an election, any people or groups who've distributed voter registration forms must return all completed forms to the county elections official straight away. They also need to return any unused forms once they're done with their distribution plan.
On the day of the close of registration for any election all individuals and organizations that have submitted plans for distribution shall immediately return all completed affidavits of registration in their possession to the county elections official. Unused affidavits shall be returned upon completion of the distribution plan.
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Section § 2140
This law requires county elections officials to report, under oath, any individuals or organizations that have proposed distribution plans but didn't follow the rules outlined in this article to the district attorney.
The county elections official shall report to the district attorney of the county, under oath, the name of any individuals or organizations that have submitted plans for distribution who have not complied with this article.
county elections official report to district attorney non-compliance
Section § 2142
If a county elections official refuses to register a voter, the voter can take legal action in superior court to force their registration. Multiple people with similar cases can join together in this action.
If a voter believes they registered to vote at the Department of Motor Vehicles or another public agency but was not registered, they can also take their case to superior court to compel registration.
The court clerk does not charge any fees for handling such cases.
(a)CA Elections Code § 2142(a) If the county elections official refuses to register a qualified elector in the county, the elector may proceed by action in the superior court to compel his or her registration. In an action under this section, as many persons may join as plaintiffs as have causes of action.
(b)CA Elections Code § 2142(b) If the county elections official has not registered a qualified elector who claims to have registered to vote through the Department of Motor Vehicles or any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the elector may proceed by action in the superior court to compel his or her registration. In an action under this section, as many persons may join as plaintiffs as have
causes of action.
(c)CA Elections Code § 2142(c) No fee shall be charged by the clerk of the court for services rendered in an action under this section.
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Section § 2143
In disputes involving election processes, a county elections official cannot be required to pay legal costs unless it is proven during the trial that they knowingly and intentionally failed to perform their duties as required by law.
Costs shall not be recovered against the county elections official in any action under this chapter, unless it is alleged in the complaint, and established on the trial, that the county elections official knowingly and willfully violated his or her duty.
recovery of costs county elections official legal costs
