2005 California Elections Code Sections 15100-15112 CHAPTER 2. ABSENTEE BALLOT PROCESSING

15100.  The provisions of this chapter apply to the processing of
absentee ballots during the 29-day period before any election, during
the semifinal official canvass, and during the official canvass.
15101.  (a) Any jurisdiction in which absentee ballots are cast may
begin to process absentee ballot return envelopes beginning 29 days
before the election.  Processing absentee ballot return envelopes may
include verifying the voter's signature on the absentee ballot
return envelope and updating voter history records.
   (b) Any jurisdiction having the necessary computer capability may
start to process absentee ballots on the seventh day prior to the
election.  Processing absentee ballots includes opening absentee
ballot return envelopes, removing ballots, duplicating any damaged
ballots, and preparing the ballots to be machine read, or machine
reading them, but under no circumstances may a vote count be accessed
or released until 8 p.m. on the day of the election.  All other
jurisdictions shall start to process absentee ballots at 5 p.m. on
the day before the election.
   (c) Results of any absentee ballot tabulation or count shall not
be released prior to the close of the polls on the day of the
election.
15102.  The official shall appoint a special counting board or
boards in numbers that he or she deems adequate to count the absentee
ballots.  The official shall provide for the forms of tally books
and the distribution of the duties of the members of the canvassing
board.
   When the tally is done by hand, there shall be no less than four
persons for each office or proposition to be counted.  One shall read
from the ballot, the second shall keep watch for any error or
improper vote, and the other two shall keep the tally.
15103.  The elections official shall pay a reasonable compensation
to each member of the canvassing board of absentee ballots.  This
compensation shall be paid out of the treasury of the agency
conducting the election as other claims against it are paid.
15104.  (a) The processing of absentee ballot return envelopes, and
the processing and counting of absentee ballots shall be open to the
public, both prior to and after the election.
   (b) Any member of the county grand jury, and at least one member
each of the Republican county central committee, the Democratic
county central committee, and of any other party with a candidate on
the ballot, and any other interested organization, shall be permitted
to observe and challenge the manner in which the absentee ballots
are handled, from the processing of absentee ballot return envelopes
through the counting and disposition of the ballots.
   (c) The elections official shall notify absentee voter observers
and the public at least 48 hours in advance of the dates, times, and
places where absentee ballots will be processed and counted.
   (d) Absentee voter observers shall be allowed sufficiently close
access to enable them to observe and challenge whether those
individuals handling absentee ballots are following established
procedures, including all of the following:
   (1) Verifying signatures and addresses by comparing them to voter
registration information.
   (2) Duplicating accurately any damaged or defective ballots.
   (3) Securing absentee ballots to prevent any tampering with them
before they are counted on election day.
   (e) No absentee voter observer shall interfere with the orderly
processing of absentee ballot return envelopes or processing and
counting of absentee ballots, including touching or handling of the
ballots.
15105.  Prior to processing and opening the identification envelopes
of absent voters, the elections official shall make available a list
of absent voters for public inspection, from which challenges may be
presented.  Challenges may be made for the same reasons as those
made against a voter voting at a polling place.  In addition, a
challenge may be entered on the grounds that the ballot was not
received within the time provided by this code or that a person is
imprisoned for a conviction of a felony.  All challenges shall be
made prior to the opening of the identification envelope of the
challenged absent voter.
15106.  Except as otherwise provided, the processing of absentee
ballot return envelopes, the processing and counting of absentee
ballots, and the disposition of challenges of absentee ballots shall
be according to the laws now in force pertaining to the election for
which they are cast.  Because the voter is not present, the
challenger shall have the burden of establishing extraordinary proof
of the validity of the challenge at the time the challenge is made.
15107.  If a challenge is overruled, the board shall open the
identification envelope without defacing the affidavit printed on it
or mutilating the enclosed ballot and, without viewing the ballot,
remove it and destroy the numbered slip, if any remains, and store
the ballots in a secure location.
15108.  If a challenge is allowed, the board shall endorse on the
face of the identification envelope the cause of the challenge and
its action thereon.
15109.  Except as otherwise provided in this chapter, the counting
and canvassing of absentee ballots shall be conducted in the same
manner and under the same regulations as used for ballots cast in a
precinct polling place.
15110.  Reports to the Secretary of State of the findings of the
canvass of absentee ballots shall be made by the elections official
pursuant to Chapter 3 (commencing with Section 15150) and Chapter 4
(commencing with Section 15300).
15111.  The elections official shall keep an accurate list of all
voters who have received and voted an absentee ballot at each
election and compare this list with the roster of voters as provided
in Section 15278.  That list shall include the election precinct of
the voter.
15112.  When elections are consolidated pursuant to Division 10
(commencing with Section 10000), and only one form of ballot is used
at the consolidated election, the ballots cast by absent voters shall
be counted only in connection with elections to which absent voter
privileges have been extended by law.
   Whenever the period of time within which absent voters' ballots
shall be received by the elections official in order to be counted,
as provided for any election by this code or any other law of this
state, is different from that period of time provided for another
election, and the elections are consolidated and only one form of
ballot used for both elections, all absent voters' ballots issued for
the consolidated election may be counted for both elections if
received by the elections official within whichever period of time is
longer.