2007 California Elections Code Article 1. General Provisions

CA Codes (elec:12300-12327)

12300.  Any voter may file an application with the elections
official for the position of precinct board member.  The elections
official may require the application be made on specific forms
supplied by the elections official.


12301.  The persons appointed to serve as election officers for each
precinct at any election shall constitute the precinct board for
that precinct.


12302.  (a) Except as provided in subdivision (b), a member of a
precinct board shall be a voter of the state. The member may serve
only in the precinct for which his or her appointment is received.
   (b) In order to provide for a greater awareness of the elections
process, the rights and responsibilities of voters, and the
importance of participating in the electoral process, as well as to
provide additional members of precinct boards, an elections official
may appoint not more than five pupil per precinct to serve under the
direct supervision of precinct board members designated by the
elections official. A pupil may be appointed, notwithstanding his or
her lack of eligibility to vote, subject to the approval of the
governing board of the educational institution in which the pupil is
enrolled, if the pupil possesses the following qualifications:
   (1) Is at least 16 years of age at the time of the election to
which he or she is serving as a member of a precinct board.
   (2) Is a United States citizen or will be a citizen at the time of
the election to which he or she is serving as a member of a precinct
board.
   (3) Is a pupil in good standing attending a public or private
secondary educational institution.
   (4) Is a pupil who has a grade point average of at least 2.5 on a
4.0 scale.
   (c) A pupil appointed pursuant to subdivision (b) may not be used
by a precinct board to tally votes.


12303.  (a) No person who cannot read or write the English language
is eligible to act as a member of any precinct board.
   (b) It is the intent of the Legislature that non-English-speaking
citizens, like all other citizens, should be encouraged to vote.
Therefore, appropriate efforts should be made to minimize obstacles
to voting by citizens who lack sufficient skill in English to vote
without assistance.
   (c) Where the elections official finds that citizens described in
subdivision (b) approximate 3 percent or more of the voting-age
residents of a precinct, or in the event that interested citizens or
organizations provided information which the elections official
believes indicates a need for voting assistance for qualified
citizens described in subdivision (b), the elections official shall
make reasonable efforts to recruit election officials who are fluent
in a language used by citizens described in subdivision (b) and in
English.  This recruitment shall be conducted through the cooperation
of interested citizens and organizations and through voluntarily
donated public service notices in the media, including newspapers,
radio, and television, particularly those media that serve the
non-English-speaking citizens described in subdivision (b).
   (d) At least 14 days before an election, the elections official
shall prepare and make available to the public a list of the
precincts to which officials were appointed pursuant to this section,
and the language or languages other than English in which they will
provide assistance.



12304.  (a) The composition of the precinct board shall be
determined by the elections official based on election precinct size.
  The precinct board shall consist of a minimum of one inspector and
two clerks.  Additional clerk positions may be allocated in
proportion to the number of registered voters within the precinct.
   (b) This section shall become operative on January 1, 2005.



12306.  The county elections official of any county, in appointing
members of the several precinct boards to serve in the direct primary
and general elections under the provisions of this code, shall
permit the county central committee of each qualified political party
to nominate for appointment to the precinct board a member of that
party who is registered and resident in that precinct.   Nomination
pursuant to this section shall be made in writing to the county
elections official not less than 90 days before the election for
which the nomination is made.  In making appointments to precinct
boards from nominations submitted by political parties, the county
elections official shall give preference to the nominee of any
qualified political party with at least 10 percent of the registered
voters in the precinct for which the nomination is made.



12307.  Upon filing the list of names and addresses of those who
have been appointed members of the precinct board, the elections
official shall immediately mail or deliver to each voter so
appointed, a notice stating the appointment and the position to which
assigned, the penalty for failure to serve, and any other matter
that the elections official determines.



12309.  (a) Following the appointment of members of precinct boards,
the elections official shall instruct inspectors so appointed
concerning their duties in connection with the conduct of the
election, which instruction shall conform to the uniform standards
adopted by the Secretary of State pursuant to Section 12309.5.
   (b) A person may not serve as an inspector of a precinct board at
an election unless instruction has been received in accordance with
this section except that, in the case of the emergency disability of
a regular inspector, substitute inspectors shall be given any
instruction found necessary by the elections official.
   (c) At the request of the elections official, the legislative body
may contract with any qualified person or organization for purposes
of instructing inspectors in accordance with this section.
   (d) This section shall become operative on June 30, 2005.



12309.5.  (a) No later than June 30, 2005, the Secretary of State
shall adopt uniform standards for the training of precinct board
members, based upon the recommendations of the task force appointed
pursuant to subdivision (b). The uniform standards shall, at a
minimum, address the following:
   (1) The rights of voters, including, but not limited to, language
access rights for linguistic minorities, the disabled, and protected
classes as referenced and defined in the federal Voting Rights Act
(42 U.S.C. Sec. 1973 et seq.).
   (2) Election challenge procedures such as challenging precinct
administrator misconduct, fraud, bribery, or discriminatory voting
procedures as referenced and defined in the federal Voting Rights Act
(42 U.S.C. Sec. 1973 et seq.).
   (3) Operation of a jurisdiction's voting system, including, but
not limited to, modernized voting systems, touch-screen voting, and
proper tabulation procedures.
   (4) Poll hours and procedures concerning the opening and closing
of polling locations on election day. Procedures shall be developed
that, notwithstanding long lines or delays at a polling location,
ensure that all eligible voters who arrive at the polling location
prior to closing time are allowed to cast a ballot.
   (5) Relevant election laws and any other subjects that will assist
an inspector in carrying out his or her duties.
   (6) Cultural competency, including, but not limited to, having
adequate knowledge of diverse cultures, including languages, that may
be encountered by a poll worker during the course of an election,
and the appropriate skills to work with the electorate.
   (7) Knowledge regarding issues confronting voters who have
disabilities, including, but not limited to, access barriers and the
need for reasonable accommodations.
   (8) Procedures involved with provisional, fail-safe provisional,
vote by mail, and provisional vote by mail voting.
   (b) The Secretary of State shall appoint a task force of at least
12 members who have experience in the administration of elections and
other relevant backgrounds to study and recommend uniform guidelines
for the training of precinct board members. The task force shall
consist of the chief elections officer of the two largest counties,
the two smallest counties, and two county elections officers selected
by the Secretary of State, or their designees. The Secretary of
State shall appoint at least six other members who have elections
expertise, or their designees, including members of community-based
organizations that may include citizens familiar with different
ethnic, cultural, and disabled populations to ensure that the task
force is representative of the state's diverse electorate. The task
force shall make its recommendations available for public review and
comment prior to the submission of the recommendations to the
Secretary of State and the Legislature.
   (c) The task force shall file its recommendations with the
Secretary of State and the Legislature no later than January 1, 2005.




12310.  Each member of a precinct board shall receive a stipend for
services fixed by the governing body of the jurisdiction.  This sum
shall be paid out of the treasury of the jurisdiction in which the
election is held. The inspector may receive more compensation than
the other members of the precinct board.  The additional compensation
to the inspector is for services rendered in securing precinct board
members and other duties which may be directed by the elections
official.



12311.  No public agency shall be required as the result of any
assignment or transfer to pay the stipend of an election officer for
services to any person other than the election officer to whom the
stipend is due.


12312.  No person shall be suspended or discharged from any service
or employment because of absence while serving as an election officer
on election day.


12313.  If any member of a precinct board does not appear at the
opening of the polls on the morning of an election, those voters
present, including members of the board, shall appoint a voter to
fill the vacancy.  If none of the members appointed appears at that
time, the voters of the precinct present at that time may appoint a
board.



12314.  The inspector may appoint a voter to replace any precinct
board member who ceases to act or becomes incapacitated during the
progress of an election.


12315.  If the inspector ceases to act, a majority of the remaining
members of the precinct board may appoint a substitute.



12316.  In constituting precinct boards, the elections official may
excuse persons appointed whom the elections official is satisfied
ought to be excused.   Substitutions may be made when any person
appointed is excused or found disqualified or incompetent, until a
final or amended list of election officers is sent to the inspector
for that precinct.



12318.  (a) Following the notification of the precinct board members
appointed pursuant to Section 12307, the county elections official
shall mail or deliver to the county central committee of each
qualified political party a copy of the list, and the elections
official may notify the same committee of any substitute appointments
that are made until the time the notice of final order is sent to
the precinct inspector.  This list shall have the names of precinct
board members in precinct order.
   (b) In addition, the elections official shall make available a
copy of the list prescribed in subdivision (a) to any person
requesting a copy.  Any person requesting a copy of the list shall
sign a roster specifying his or her name, telephone number, and
address, and shall provide the elections official with adequate
personal identification.



12319.  The elections official shall immediately mail or deliver to
each person appointed as inspector a notice showing the precinct
polling place and the voters appointed to serve as election officers
in that precinct.


12320.  No person is eligible to act as an election officer until
the declaration required by Section 12321 has been signed.



12321.  (a) (1) Each inspector shall sign a declaration of intention
to faithfully discharge the duties of inspector and shall return it
to the elections official at least 15 days before election day.  If
the inspector fails or refuses to sign and file the declaration, the
elections official shall appoint a substitute who shall make and file
the application.
   (2) The declaration of an inspector and each of the declarations
of other members of the precinct board provided for in this article
shall be signed in the presence of a witness and shall be as binding
on the signer as would be an oath of office.
   (3) The declaration of an inspector shall be in substantially the
following form:


       State of California    )
       County of _________    )  ss.
          I do hereby solemnly declare that I will support the
       Constitution of the United States and the Constitution of
       the State of California, and that I will to the best of my
       ability, faithfully discharge the duties of inspector for
       precinct _____________ for the election to be held on ______,
       19__.    _____________________________________________________

          Signed in the presence of _______________________________
                                              (Signature)
       on ________________, 19__.

   (b) On the day of election, and before entering upon the
performance of duties, each of the precinct board members, other than
the inspector, shall sign a declaration of intention to faithfully
discharge the duties of an election officer.  The declaration shall
be signed before any member of the precinct board.  The form for each
of the declarations shall be provided in the roster for the
precinct.  The declaration of the precinct board member shall be in
substantially the following form:


       State of California    )
       County of _________    )  ss.
          I do hereby solemnly declare that I will support the
       Constitution of the United States and the Constitution of
       the State of California, and that I will to the best of my
       ability, faithfully discharge the duties of precinct board
       member for precinct _____________ for the election to be
       held on ____, 19__.    _______________________________________

          Signed in the presence of ______________________________
                                              (Signature)
       on ________________, 19__.

   (c) Any precinct board member may administer and certify oaths
required to be administered during the progress of an election.  This
authorization shall include the power to give any type of oath
required of a public employee.  There shall be no fee or charge for
administering an oath.
   (d) In lieu of signing and returning the declaration of the
inspector, as provided in this chapter, the county elections official
may require the inspector to sign the declaration on the day of
election and before entering upon the performance of these duties.




12327.  (a) If the precinct board members for any precinct have not
been appointed or cannot serve, or the polling place has not been
designated prior to an election, the county elections official shall,
by written order, immediately appoint the precinct board members or
designate the polling place for the precinct, as the case may
require, and shall notify each precinct board member of the
appointment.
   (b) If, at this time, the elections official cannot make suitable
arrangements for a polling place in any precinct in which none has
been designated, the elections official may designate a polling place
in any contiguous precinct.  Any precinct board member serving in
this polling place shall be regarded as serving in the proper
precinct within the meaning of this chapter.