County ClerkDuties
Section § 26801
In general, the county clerk is responsible for serving as the clerk for the board of supervisors in the county unless there is another law that says otherwise.
Section § 26802
This law indicates that the county clerk is responsible for registering voters and handling any other election-related duties unless another law states otherwise. In counties with a registrar of voters, the registrar takes over all election-related responsibilities from the county clerk.
Section § 26802.5
In certain California counties, like El Dorado and Marin, the board of supervisors can appoint a registrar of voters. This person is separate from the county clerk and handles all the election-related duties usually managed by the county elections official.
Section § 26803
This law section requires that the person in charge must securely manage and keep track of all the official books, papers, and records in their office, according to the law. If needed, they must also properly dispose of these documents as the law dictates.
Section § 26803.5
This law requires that any regulation or its repeal, filed with a county clerk, remain available for public inspection until it's updated in the California Administrative Register. The county clerk must keep an up-to-date set of the California Administrative Code and Register accessible to the public.
Additionally, if the county clerk is confident that these documents will be managed properly, they can delegate the responsibility of maintaining them to a paid county law librarian or a county library librarian.
Section § 26805
The court clerk is responsible for maintaining a schedule of all criminal cases that are currently open. This schedule must list each case by the date it was filed. The list should also indicate whether each case involves a felony or a misdemeanor and whether the defendant is in custody or out on bail.
Section § 26806
This law section explains that in California counties with populations of 900,000 or more, the court clerk can hire foreign language interpreters as needed for criminal and juvenile cases. These interpreters help translate both spoken and written communication.
When there aren't enough interpreters, those employed will be assigned to criminal and juvenile cases first. If they're free, they can also work on civil cases and charge litigants a court-set fee, which is then deposited into the county treasury.
Additionally, these interpreters can translate important documents for a fee, which is also placed in the county treasury. The document translation fees are $3 for the first folio (a page, roughly) and two cents for each word after, with extra costs for creating copies.
Section § 26807
The county clerk has to use an official seal for official tasks. This seal should be circular, at least 1.25 inches in diameter, and feature a unique design or words chosen by the clerk in the center.
Around this design, the seal must state “County Clerk, ____ County, California,” with the actual county name included. Clerks can keep using their existing seal design if it was already in use before this law came into effect.
Section § 26808
When someone applies for a marriage license in a county, the county clerk has to give them a list of local family planning and birth control clinics. This list is made by the county health officer. If the county clerk's office has a marriage license bureau, it's their job to hand out this list.
Section § 26809
The county clerk in California has the authority to destroy or get rid of any document or paper filed with or given to them if it's been more than a year, unless the law says it needs to be kept longer. Before doing so, the clerk must consider if the document might be needed in the future, how it might affect legal time limits, and whether it has any historical importance.
Section § 26810
This law allows the superior court clerk to reproduce certain court documents, like wills and other probate documents, using photography, microphotography, or electronic imaging. Initially, these reproductions are confidential and only accessible to the document's creator. After the creator's death, proven by a death certificate, they become public records. These reproductions must meet specific quality standards and be stored to ensure they last indefinitely. Once a document is reproduced, the original may be destroyed.