Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The county elections official shall
develop early ballot retrieval collection and chain of custody procedures,
which shall be substantially similar to the following:
(1) The county elections official shall
assign at least two designated ballot retrievers to retrieve voted ballots from
polling places prior to the closing of the polls. Each designated ballot
retriever shall wear a badge or similar identification that readily identifies
them as a designated ballot retriever. In addition, each designated ballot
retriever must take the following oath prior to retrieving ballots: "I,
__________, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the Constitution of the United States and the
Constitution of the State of California; that I take this obligation freely,
without any mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter."
(2) The names of the designated ballot
retrievers shall be communicated to the precinct inspector or vote center lead
immediately prior to the opening of the polls. In the event a designated ballot
retriever is unable to perform the duty of retrieving ballots, the elections
official shall notify the precinct inspector of that fact and provide the name
of the alternate designated ballot retriever.
(3) Only designated ballot retrievers may
transport the retrieved voted ballots identified under this Article.
(4) Upon arrival at the polling place, the
designated ballot retrievers shall each personally provide their identification
to the precinct inspector, and note, on a form prescribed by the elections
official, the time of arrival.
(5)
Immediately prior to the retrieval of the ballots, the precinct inspector shall
publicly announce to the voters in the polling place that voted ballots are
being retrieved prior to the closing of the polls for transportation to the
office of the county elections official, a ballot receiving center, a central
counting place, or a ballot processing location.
(6) Prior to departure from the polling
place, the precinct inspector and the designated ballot retrievers shall sign
the form described in Subdivision (a)(4) above, and shall note the location the
ballots were retrieved from and the time of departure.
(7) In no event shall a designated ballot
retriever conduct unofficial business or make any unscheduled stops while in
the possession of voted ballots.
(8) Upon arrival at the office of the county
elections official, a ballot receiving center, a central counting place, or a
ballot processing location, the designated ballot retrievers who retrieved the
ballots shall note the time of arrival on the form described in Subdivision
(a)(4) above.
(9) The county
elections official, or his or her designee, shall inspect the secure ballot
container for evidence of tampering and shall receive the retrieved ballots by
signing the retrieval form, and including the date and time of receipt. In the
event tampering is evident, that fact shall be noted on the retrieval
form.
(10) The completed retrieval
form shall be attached to the outside of the secure ballot container used to
transport the voted ballots retrieved from the polling place or maintained in a
manner prescribed by the elections official that ensures that the form is
traceable to its respective secure ballot container.
(11) The precinct inspector and the elections
official shall follow the procedures set forth in the Elections Code for the
reconciliation of the ballots retrieved pursuant to this
Article.
(b) The county
elections official shall provide its early ballot retrieval collection and
chain of custody procedures to the Secretary of State by the 30th day prior to
an election in which ballots will be retrieved prior to the closing of the
polls.
1. New
section filed 1-8-2018; operative 1-8-2018 pursuant to Government Code section
11343.4(b)(3)
(Register 2018, No. 2).
Note: Authority cited: Section
12172.5,
Government Code; and Sections
10 and
14422,
Elections Code. Reference: Section
14422,
Elections Code; and Article XX, Section
3, California
Constitution.