Elections Code Sections with a Later Operative Date


As of the date of publication, there are a number of Elections Code sections which are effective, but will be operative at a date later than January 1, 2016.

Once the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002 (anticipated for June 30, 2016) the following sections will change:

Elections Code section 2118.5 will be deleted.  (See Section IV. Election Day)

Section 14202 will change to provide that, before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, not less than two of the copies of the index to the affidavits of registration for that precinct.  (See Section III. Duties of Elections Officers Before Opening Polls.)

Once conditional voter registration is operative (anticipated for January 1, 2017) Section 14310(c)(2) will change as follows:

Provisional ballots shall not be included in any semiofficial or official canvass, except under one or more of the following conditions: (i) The elections official establishes prior to the completion of the official canvass, from the records in his or her office, the claimant’s right to vote.  (ii) The provisional ballot has been cast and included in the canvass pursuant to Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2.  (iii) Upon 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.  (§ 14310(c)(2).)  (See Section IV. Election Day.)