2007 California Elections Code Chapter 4. Definitions

CA Codes (elec:300-362)

300.  (a) "Vote by mail voter" means any voter casting a ballot in
any way other than at the polling place.
   (b) "Special absentee voter" means an elector who is any of the
following:
   (1) A member of the Armed Forces of the United States or any
auxiliary branch thereof.
   (2) A citizen of the United States temporarily living outside of
the territorial limits of the United States or the District of
Columbia.
   (3) Serving on a merchant vessel documented under the laws of the
United States.
   (4) A spouse or dependent of a member of the Armed Forces or any
auxiliary branch thereof.



301.  A "ballot" means any of the following:
   (a) A single card with prescored, number positions that is marked
by the voter with a punching device and the accompanying reference
page or pages containing the names of candidates and the ballot
titles of measures to be voted on with numbered positions
corresponding to the numbers on the card.
   (b) One or more cards upon which are printed the names of the
candidates and the ballot titles of measures to be voted on by
punching or marking in the designated area.
   (c) One or more sheets of paper upon which are printed the names
of candidates and the ballot titles of measures to be voted on by
marking the designated area and that are tabulated manually or by
optical scanning equipment.
   (d) A large sheet of paper upon which is printed the names of
candidates and ballot titles of measures to be voted on by pressing
the designated area on a direct-recording electronic device.
   (e) An electronic touchscreen upon which appears the names of
candidates and ballot titles of measures to be voted on by touching
the designated area on the screen of a direct-recording electronic
device.



302.  "Ballot card" means a card or a number of cards upon which are
printed, or identified by reference to the ballot, the names of
candidates for nomination or election to one or more offices or the
ballot titles of one or more measures.  The ballot card shall also
contain proper blank spaces to allow the voter to write in names not
printed on the ballot unless a separate write-in ballot is used.  The
separate write-in ballot may be a paper ballot, a card, or the
envelope used to enclose a ballot card.  Determination of the format
of a separate write-in ballot shall be within the discretion of the
elections board.  The separate write-in ballot shall provide a blank
space followed by the word "office" and a second blank space followed
by the word "name" for purposes of facilitating write-in votes for
offices for which write-in votes may be cast, or may provide a space
for writing in the name followed by a space for punching or slotting
in order that the vote may be tabulated.  All separate write-in
ballots may, in the discretion of the elections board, have attached
thereto two stubs that comply with Section 13261 regarding the stubs
attached to a ballot card, except that the information required under
subdivisions (c) through (g) of Section 13261 and instructions to
voters on how to vote for persons whose names do not appear on the
ballot may be printed on the write-in ballot and not upon a stub.
Any serial numbers appearing on the write-in ballot stubs need not be
identical to the serial numbers appearing on the stubs attached to
the ballot card or cards handed to the voter.  Sections 13002 through
13007 shall not apply to the preparation and composition of separate
write-in ballots authorized by this section.  Sections 14403 and
14404 shall not apply to separate write-in ballots used in an
election in which a punchcard voting system is used.



303.  "Ballot label," means that portion of cardboard, paper or
other material placed on the front of a voting machine, containing
the names of the candidates or a statement of a measure.



304.  "Campaign advertising or communication" means a communication
authorized by a candidate or a candidate's controlled committee, as
defined in Section 82016 of the Government Code, or by a committee
making independent expenditures, as defined in Section 82031 of the
Government Code, or by a committee formed primarily to support or
oppose a ballot measure, as defined in Section 82047.5 of the
Government Code, for the purpose of advocating the election or defeat
of a qualified candidate or ballot measure through any broadcasting
station, newspaper, magazine, outdoor advertising facility, direct
mailing, or any other type of general, public, political advertising.



305.  (a)"Candidate," for purposes of Section 2184, includes any
person who declares in writing, under penalty of perjury that he or
she is a candidate, naming the office.
   (b) "Candidate," as used in Article 1 (commencing with Section
20200) of Chapter 3 of Division 20, means an individual listed on the
ballot, or who has qualified to have write-in votes on his or her
behalf counted by election officials, for nomination or for election
to any elective state or local office, or who receives a contribution
or makes an expenditure or gives his or her consent for any other
person to receive a contribution or makes an expenditure with a view
to bringing about his or her nomination or election to any elective
state or local office, whether or not the specific elective office
for which he or she will seek nomination or election is known at the
time the contribution is received or the expenditure is made.   The
term "candidate" includes any officeholder who is subject to a recall
election.
   (c) "Candidate for public office," as used in Chapter 5
(commencing with Section 20400) of Division 20, means an individual
who has qualified to have his or her name listed on the ballot of any
election, or who has qualified to have written votes on his or her
behalf counted by election officials, for nomination for, or election
to, any state, regional, county, municipal, or district office which
is filled at an election.


306.  "City measure" includes any proposed city charter, any
proposed amendment to a city charter, any proposition for the
issuance of bonds by the city, any advisory question, or any other
question or proposition submitted to the voters of a city.




307.  "Clerk" means the county elections official, registrar of
voters, city clerk, or other officer or board charged with the duty
of conducting any election.



308.  "District elections official," for the purposes of initiative
and referendum under Article 1 (commencing with Section 9300) of
Chapter 4 of Division 9, includes the county elections official or
other officer or board charged with performing the duties required of
the clerk of the district by that chapter.



309.  "Committee," as used in Article 1 (commencing with Section
20200) of Chapter 3 of Division 20, means any person or combination
of persons who, directly or indirectly, receive contributions or make
expenditures or contributions for the purpose of influencing or
attempting to influence the action of voters for or against the
nomination or election of one or more candidates, or the passage, or
defeat of any measure, and who is required to file campaign reports
or statements under Chapter 4 (commencing with Section 84100) of
Title 9 of the Government Code.



310.  "County" and "city" both include "city and county."



312.  "County measure" includes any proposed county charter, any
proposed amendment to a county charter, any proposition for the
issuance of funding or refunding bonds of the county, any other
question or proposition submitted to the voters of a county at any
election held throughout an entire single county, any advisory
question, or any bond proposal or any advisory question submitted to
the voters of any public district although the boundaries of the
district may be coterminous with those of the county.



313.  "County office" means the office filled by any county officer.



314.  "County officer" means any elected officer enumerated in
Division 2 (commencing with Section 24000) of Title 3 of the
Government Code.


316.  "Direct primary" is the primary election held on the first
Tuesday after the first Monday in June in each even-numbered year, to
nominate candidates to be voted for at the ensuing general election
or to elect members of a party central committee.



317.  "District," for purposes of initiative and referendum under
Chapter 4 (commencing with Section 9300) of Division 9, includes any
regional agency that has the power to tax, to regulate land use, or
to condemn and purchase land.


318.  "Election" means any election including a primary that is
provided for under this code.



319.  "Election board" means the board of supervisors of each
county, the city council or other governing body of a city, or any
board or officer to whom similar powers and duties are given by any
charter.


320.  "Elections official" means any of the following:
   (a) A clerk or any person who is charged with the duty of
conducting an election.
   (b) A county clerk, city clerk, registrar of voters, or elections
supervisor having jurisdiction over elections within any county,
city, or district within the state.


321.  "Elector" means any person who is a United States citizen 18
years of age or older and a resident of an election precinct at least
15 days prior to an election.



322.  "Electoral jurisdiction," as used in Division 11 (commencing
with Section 11000), means the area within which the voters reside
who are qualified to vote for the officer sought to be recalled.



323.  "Federal election" means any presidential election, general
election, primary election, or special election held solely or in
part for the purpose of selecting, nominating, or electing any
candidate for the office of President, Vice President, presidential
elector, Member of the United States Senate, or Member of the United
States House of Representatives.



324.  (a) "General election" means either of the following:
   (1) The election held throughout the state on the first Tuesday
after the first Monday of November in each even-numbered year.
   (2) Any statewide election held on a regular election date as
specified in Section 1000.
   (b) At each general election there shall be elected to the
Congress of the United States:
   (1) One Representative for each congressional district.
   (2) One Senator, when the general election immediately precedes
the commencement of a full term.


326.  "Judicial office" means the office filled by any judicial
officer.


327.  "Judicial officer" means any Justice of the Supreme Court,
justice of a court of appeal, or judge of the superior court.



328.  "Local election" is a municipal, county, or district election.



329.  "Measure" means any constitutional amendment or other
proposition submitted to a popular vote at any election.



330.  "Municipal election" means elections in general law cities and
where applicable in chartered cities.



331.  "New citizen" means any person who meets all requirements of
an elector of, and has established residency in, the State of
California, except that he or she will become a United States citizen
after the 15th day prior to an election but on or before the seventh
day prior to that election.



332.  "New resident" means a person who meets all requirements of an
elector of the State of California except that his or her residency
was established subsequent to the 15th day prior to the election.
   The new resident is eligible to vote for President and Vice
President and for no other office.



333.  "Nomination documents" means declaration of candidacy and
nomination papers.



334.  "Nonpartisan office" means an office for which no party may
nominate a candidate.  Judicial, school, county, and municipal
offices are nonpartisan offices.



335.  "Oath" includes affirmation.



335.5.  The "official canvass" is the public process of processing
and tallying all ballots received in an election, including, but not
limited to, provisional ballots and vote by mail ballots not included
in the semifinal official canvass. The official canvass also
includes the process of reconciling ballots, attempting to prohibit
duplicate voting by vote by mail and provisional voters, and
performance of the manual tally of 1 percent of all precincts.



336.  The "official summary date" is the date a summary of a
proposed initiative measure is delivered or mailed by the Attorney
General to the proponents for a proposed initiative measure.  The
Attorney General shall immediately notify the Secretary of State of
that date and send the Secretary of State a copy of the summary.  The
Secretary of State immediately shall notify the proponents and
county elections official of each county of the official summary date
and mail a copy of the summary to each county elections official.
This notification shall also include a complete schedule showing the
maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
   No petitions for a proposed initiative measure shall be circulated
for signatures prior to the official summary date.  Petitions with
signatures on a proposed initiative measure shall be filed with the
county elections official not later than 150 days from the official
summary date, and no county elections official shall accept petitions
on the proposed initiative measure after that period.



336.5.  "One percent manual tally" is the public process of manually
tallying votes in 1 percent of the precincts, selected at random by
the elections official, and in one precinct for each race not
included in the randomly selected precincts.  This procedure is
conducted during the official canvass to verify the accuracy of the
automated count.



337.  "Partisan office" means an office for which a party may
nominate a candidate.



338.  "Party" means a political party or organization that has
qualified for participation in any primary election.



339.  (a) "Precinct board" is the board appointed by the elections
official to serve at a single precinct or a consolidated precinct.
   (b) "Precinct board," when used in relation to proceedings taking
place after the polls have closed, likewise includes any substitutive
canvassing and counting board that may have been appointed to take
the place of the board theretofore serving.



340.  "Presidential primary" is the primary election that is held on
the first Tuesday in February in any year which is evenly divisible
by the number four, and at which delegations to national party
conventions are to be chosen.


341.  "Primary election" includes all primary nominating elections
provided for by this code.



342.  "Proponent or proponents of an initiative or referendum
measure" means, for statewide initiative and referendum measures, the
person or persons who submit a draft of a petition proposing the
measure to the Attorney General with a request that he or she prepare
a title and summary of the chief purpose and points of the proposed
measure;  or for other initiative and referendum measures, the person
or persons who publish a notice or intention to circulate petitions,
or, where publication is not required, who file petitions with the
elections official or legislative body.



343.  "Proponent or proponents of a recall petition" means the
person or persons who have charge or control of the circulation of,
or obtaining signatures, to such petitions.



344.  "Punchcard" means a tabulating card on which the voter may
record his or her vote by punching, marking, or slotting.



345.  "Punching" includes marking a ballot card to record a vote.



346.  "Rebuttable presumption" shall be deemed a presumption which
affects the burden of producing evidence.



348.  "Regular election" is an election, the specific time for the
holding of which is prescribed by law.



349.  (a) "Residence" for voting purposes means a person's domicile.

   (b) The domicile of a person is that place in which his or her
habitation is fixed, wherein the person has the intention of
remaining, and to which, whenever he or she is absent, the person has
the intention of returning.  At a given time, a person may have only
one domicile.
   (c) The residence of a person is that place in which the person's
habitation is fixed for some period of time, but wherein he or she
does not have the intention of remaining.  At a given time, a person
may have more than one residence.



350.  "School measure" means any proposition, including but not
limited to, a proposal for the issuance of bonds by a school district
or community college district, an increase in the maximum tax rate
of a school district or community college district, or the
acceptance, expenditure, and repayment of state funds by a school
district or community college district to enable the district to
construct buildings and other facilities, submitted to the voters of
the district at any election held in the district.



351.  "School office" means the office filled by any school officer.



352.  "School officer" means the Superintendent of Public
Instruction and the superintendent of schools of a county.



353.  "Section" means a section of this code unless some other
statute is specifically mentioned.



353.5.  The "semifinal official canvass" is the public process of
collecting, processing, and tallying ballots and, for state or
statewide elections, reporting results to the Secretary of State on
election night.  The semifinal official canvass may include some or
all of the vote by mail and provisional vote totals.



354.  "Shall" is mandatory and "may" is permissive.



354.5.  (a) "Signature" includes either of the following:
   (1) A person's mark if the name of the person affixing the mark is
written near the mark by a witness over the age of 18 years
designated by the person and the designee subscribes his or her own
name as a witness thereto. For purposes of this paragraph, a
signature stamp may be used as a mark, provided that the authorized
user complies with the provisions of this paragraph.
   (2) An impression made by the use of a signature stamp pursuant to
the requirements specified in subdivision (c).
   (b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.
   (c) An authorized user of a signature stamp may use it to affix a
signature to a document or writing any time that a signature is
required by this code, provided that all of the following conditions,
as applicable, are met:
   (1) A signature stamp used to obtain a ballot or absentee ballot
in any local, state, or federal election shall be used only by the
authorized user of that signature stamp.
   (2) A signature stamp shall be affixed by the authorized user in
the presence of the Secretary of State, his or her designee, the
local elections official, or his or her designee, to obtain a ballot,
in any local, state, or federal election unless the authorized user
of the signature stamp votes by absentee ballot. If the owner of a
signature stamp votes by absentee ballot, he or she shall affix the
signature stamp on the absentee ballot in accordance with the
requirements of Section 3019.
   (d) A signature affixed with a signature stamp by an authorized
user in accordance with the requirements of this section shall be
treated in the same manner as a signature made in writing.
   (e) A registered voter or any person who is eligible to vote, who
qualifies as an authorized user pursuant to paragraph (1) of
subdivision (g), may use a signature stamp only after he or she first
submits his or her affidavit of registration or a new affidavit of
registration, whichever is applicable, in the presence of a county
elections official, using the signature stamp to sign the affidavit.

   (f) The Secretary of State shall report to the Legislature not
later than January 1, 2009, regarding the use of signature stamps
during the 2008 elections.
   (g) The following definitions apply for purposes of this section:

   (1) "Authorized user" means either of the following:
   (A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.
   (B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
   (2) "Disability" means a medical condition, mental disability, or
physical disability, as those terms are defined in subdivisions (h),
(i), and (k) of Section 12926 of the Government Code.
   (3) "Signature stamp" means a stamp that contains the impression
of any of the following:
   (A) The actual signature of a person with a disability.
   (B) A mark or symbol that is adopted by the person with the
disability.
   (C) A signature of the name of a person with a disability that is
made by another person and is adopted by the person with the
disability.



355.  "Software" includes all programs, voting devices, cards,
ballot cards or papers, operating manuals or instructions, test
procedures, printouts, and other nonmechanical or nonelectrical items
necessary to the operation of a voting system.




356.  "Special election" is an election, the specific time for the
holding of which is not prescribed by law.



357.  "Statewide election" is an election held throughout the state.



358.  "Vote tabulating device" means any piece of equipment, other
than a voting machine, that compiles a total of votes cast by means
of ballot card sorting, ballot card reading, paper ballot scanning,
electronic data processing, or a combination of that type of
equipment.



359.  "Voter" means any elector who is registered under this code.



360.  "Voting device" means any device used in conjunction with a
ballot card or cards to indicate the choice of the voter by marking,
punching, or slotting the ballot card.



361.  "Voting machine" means any device upon which a voter may
register his or her vote, and which, by means of counters, embossing,
or printouts, furnishes a total of the number of votes cast for each
candidate or measure.


362.  "Voting system" means any mechanical, electromechanical, or
electronic system and its software, or any combination of these used
to cast or tabulate votes, or both.