2007 California Elections Code Article 5. Provisional Voting

CA Codes (elec:14310-14312)

14310.  (a) At all elections, a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
   (1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
   (2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
   (3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
   (b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
   (c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare, the ballot shall be rejected. A variation of the signature
caused by the substitution of initials for the first or middle name,
or both, shall not invalidate the ballot.
   (2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters. No fee shall be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.
   (3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
   (A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
   (B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
   (d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
   (e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
   (f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
   (g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.



14311.  (a) A voter who has moved from one address to another within
the same county and who has not reregistered to vote at that new
address may, at his or her option, vote on the day of the election at
the polling place at which he or she is entitled to vote based on
his or her current residence address, or at the office of the county
elections official or other central location designated by that
elections official.  The voter shall be reregistered at the place of
voting for future elections.
   (b) Voters casting ballots under this section shall be required to
vote by provisional ballot, as provided in Section 14310.



14312.  This article shall be liberally construed in favor of the
provisional voter.