California Code of Regulations
Title 2 - Administration
Division 7 - Secretary of State
Chapter 8.2 - Election Observation: Rights and Responsibilities
Section 20878 - Conduct of Election Observers
Universal Citation: 2 CA Code of Regs 20878
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In order to minimize distraction or disruption an elections observer shall not:
(1) Interfere with the:
(A) retrieval of vote-by-mail ballots from
vote-by-mail drop boxes and vote-by-mail dropoff locations, processing of
vote-by-mail ballot identification envelopes, or the processing and counting of
vote-by-mail ballots.
(B) conduct
of the election in general or disrupt any other elections activity or
process.
(2) Touch or
handle any ballots.
(3) Physically
handle any voting equipment or voting materials.
(4) Move or rearrange tables, chairs, or
voting booths at the polling place or central counting site without the express
permission of the elections official.
(5) Sit at the elections official worktables
or view confidential voter information on any computer terminal or document,
except as provided in Elections Code section
2194(c)(2).
(6) Engage in any electioneering
activities.
(7) Display any
political party or campaign material or wear political party or campaign
badges, buttons, or apparel.
(8)
Solicit a vote, speak to a voter on the subject of marking the voter's ballot
while electioneering, or communicate with voters regarding their qualification
to vote within 100 feet of the locations identified in Elections Code section
319.5.
However, an election observer may conduct exit polling of voters, provided it
is conducted at least 25 feet away from the locations identified in Elections
Code section
319.5. This
provision shall not apply to a voter who has asked for assistance casting their
ballot.
(9) Wear the uniform of a
peace officer, a private guard, or security personnel.
(10) Stop or attempt to stop poll workers or
the central counting site workers while they are processing voted ballots.
However, the election observer shall retain the right to make a challenge, and
the elections official shall determine whether the processing of the ballots
shall be stopped.
(11) Use the
elections officials' phones, computers, or any other polling place equipment at
polling places or the central counting site.
(12) Eat or drink in a polling place or the
central counting site without the express permission of the elections
official.
(13) Assist in operations
at any polling place or the central counting site without the express
permission of the elections official.
(14) Intentionally prevent other elections
observers from observing election materials or an elections process or
activity.
(15) Enter secure areas
without the express permission of the elections official.
(16) Enter any area other than an identified
observation area without the express permission of the elections
official.
(b) An election observer shall refrain from touching an elections official.
Note: Authority cited: Section 12172.5, Government Code; and Section 10, Elections Code. Reference: Sections 319.5, 338.5, 3018, 2194, 15104 and 18370, Elections Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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