2016 California Code
Elections Code - ELEC
DIVISION 14 - ELECTION DAY PROCEDURES
CHAPTER 3 - Procedures at Polls
ARTICLE 3 - Challenging a Voter
Section 14240.
14240. (a) A person offering to vote may be orally challenged within the polling place only by a member of the precinct board upon any or all of the following grounds:
(1) That the voter is not the person whose name appears on the index.
(2) That the voter is not a resident of the precinct.
(3) That the voter is not a citizen of the United States.
(4) That the voter has voted that day.
(5) That the voter is presently on parole for the conviction of a felony.
(b) On the day of the election no person, other than a member of a precinct board or other official responsible for the conduct of the election, shall challenge or question any voter concerning the voter s qualifications to vote.
(c) If any member of a precinct board receives, by mail or otherwise, any document or list concerning the residence or other voting qualifications of any person or persons, with the express or implied suggestion, request, or demand that the person or persons be challenged, the board member shall first determine whether the document or list contains or is accompanied by evidence constituting probable cause to justify or substantiate a challenge. In any case, before making any use whatever of such a list or document, the member of the precinct board shall immediately contact the elections official, charged with the duty of conducting the election, and describe the contents of the document or list and the evidence, if any, received bearing on voting qualifications. The elections official shall advise the members of the precinct board as to the sufficiency of probable cause for instituting and substantiating the challenge and as to the law as herein provided, relating to hearings and procedures for challenges by members of the precinct board and determination thereof by a precinct board. The elections official may, if necessary, designate a deputy to receive and answer inquiries from precinct board members as herein provided.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
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