2010 California Code
Elections Code
Chapter 2. Vote By Mail Ballot Processing

15100.  The provisions of this chapter apply to the processing of
vote by mail 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 vote by mail ballots are cast
may begin to process vote by mail ballot return envelopes beginning
29 days before the election. Processing vote by mail ballot return
envelopes may include verifying the voter's signature on the vote by
mail ballot return envelope and updating voter history records.
   (b) Any jurisdiction having the necessary computer capability may
start to process vote by mail ballots on the seventh business day
prior to the election. Processing vote by mail ballots includes
opening vote by mail 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 vote by mail
ballots at 5 p.m. on the day before the election.
   (c) Results of any vote by mail 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 vote by
mail 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 vote by mail 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 vote by mail ballot return envelopes,
and the processing and counting of vote by mail ballots, shall be
open to the public, both prior to and after the election.
   (b) A 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 vote by mail
ballots are handled, from the processing of vote by mail ballot
return envelopes through the counting and disposition of the ballots.
   (c) The elections official shall notify vote by mail voter
observers and the public at least 48 hours in advance of the dates,
times, and places where vote by mail ballots will be processed and
counted.
   (d) Notwithstanding paragraph (2) of subdivision (b) of Section
2194, vote by mail voter observers shall be allowed sufficiently
close access to enable them to observe the vote by mail ballot return
envelopes and the signatures thereon and challenge whether those
individuals handling vote by mail ballots are following established
procedures, including all of the following:
   (1) Verifying signatures and addresses on the vote by mail ballot
return envelopes by comparing them to voter registration information.
   (2) Duplicating accurately damaged or defective ballots.
   (3) Securing vote by mail ballots to prevent tampering with them
before they are counted on election day.
   (e) A vote by mail voter observer shall not interfere with the
orderly processing of vote by mail ballot return envelopes or the
processing and counting of vote by mail ballots, including the
touching or handling of the ballots.



15105.  Prior to processing and opening the identification envelopes
of vote by mail voters, the elections official shall make available
a list of vote by mail 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 vote by mail voter.


15106.  Except as otherwise provided, the processing of vote by mail
ballot return envelopes, the processing and counting of vote by mail
ballots, and the disposition of challenges of vote by mail 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 vote by mail 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 vote by mail 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 a vote by mail 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 vote by mail voters
shall be counted only in connection with elections to which vote by
mail voter privileges have been extended by law.
   Whenever the period of time within which vote by mail 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 vote by mail 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.