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2024-08-12 Election Laws Presentation

A rundown of relevant election laws, presented on Aug. 12, 2024 by Riverside County counsel to an election integrity workshop. File uploaded by Beau Yarbrough, reporter for the Press-Enterprise/Southern California News Group.

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Beau Yarbrough
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971 views8 pages

2024-08-12 Election Laws Presentation

A rundown of relevant election laws, presented on Aug. 12, 2024 by Riverside County counsel to an election integrity workshop. File uploaded by Beau Yarbrough, reporter for the Press-Enterprise/Southern California News Group.

Uploaded by

Beau Yarbrough
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Election Laws

1
Election Legal Hierarchy

• Elections Code § 10 states that the California Secretary of State is the chief
elections officer.

• All Registrar of Voters/County Clerks in all 58 counties function as a ministerial


and administrative arm under the CA Secretary of State in a united goal of
carrying out elections (Ca. Gov. Code §§ 26802 and 26802.5).

2
Voter Roll Maintenance
• Elections Code §2201 states the reasons for cancellation of a voter
registration:
• At the signed, written request of the person registered.
• When the mental incompetency of the person registered is legally established.
• Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
• Upon the production of a certified copy of a judgment directing the cancellation to be made.
• Upon the death of the person registered.
• Pursuant to Elections Code Article 2 (commencing with Section 2220).
• Upon official notification that the voter is registered to vote in another state.
• Upon proof that the person is otherwise ineligible to vote.

3
Voter Roll Maintenance
• On January 1, 2020, Elections Code § 2200 et seq., were amended by
Assembly Bill 504 which removed the ability to cancel voter registration
due to lack of voting.

• Newly added Elections Code § 2226 mandates the ROV move a voter to
inactive status if official election mail is received by the ROV as
undeliverable from the USPS.

• The voter is then mailed a residency confirmation card.


• The voter’s status remains inactive until a signed affidavit is received.
• Voter in inactive status will be canceled after two federal general
elections. 4
Mailing of Ballots

No later than October 7, 2024, the ROV shall begin mailing each registered
voter a vote-by-mail ballot

• Assembly Bill 37 was signed by Governor Newsom in 2021 which mandates


sending a vote-by-mail ballot to every active registered voter in California.

• A voter who is eligible to register but, in the military, living abroad, or


temporarily living outside of CA, can request special absentee ballot (Elections
Code § 3101 et seq.)

5
Help America Vote ACT
(HAVA)
• Passed in 2002 in response to Bush v. Gore and primarily functions as a
funding mechanism for elections to modernize away from punch cards and
mechanical ballot marking.

• Establishes a federal Election Assistance Commission (EAC).

• Section 301 discusses general and minimum voting system standards and
leaves it to the States to promulgate their own rules and further
certification.

6
Help America Vote ACT
(HAVA)
• Section 303 requires each state to have a centralized, computerized voter
registration list, which “shall serve as the official voter registration list.”
(Section 303(a)(1))
• The list must be reviewed “on a regular basis” using “a reasonable effort to
remove registrants who are ineligible to vote.”(Section 303(a)(2), (a)(4)(A))
• List maintenance shall be conducted to ensure: (1) the name of each
registered voter appears on the list; (2) only voters who are not registered
or who are not eligible to vote are removed; and (3) duplicate names are
eliminated. (Section 303(a)(2)(B))
• Sources:
• https://www.eac.gov/about/help_america_vote_act.aspx
• https://www.congress.gov/bill/107th-congress/house-bill/3295
• https://www.sos.ca.gov/elections/help-america-vote-act

7
Help America Vote ACT
(HAVA)
• Consistent with the National Voter Registration Act of 1993 (42 U.S.C. §
1973gg et seq.) “no registrant may be removed solely by reason of a
failure to vote.” (Section 303(a)(4)(A)

• Removal permitted when registrants “have not responded to a notice


and who have not voted in 2 consecutive general elections for Federal
office . . .”

• Minimum standards for accuracy of state voter registration lists are set by
each state. (Section 303(a)(4))

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