California Code of Regulations

Title 2. Administration

Division 7. Secretary of State

Chapter 1. Voter Registration

Artical 2.5. Statewide Voter Registration System

  • 19060 Purpose.
  • 19061 Immediate Action Required.
  • 19062 Definitions.
  • 19063 Communication between the Statewide Voter Registration System and the County.
  • 19064 County Security.
  • 19065 Data Restoration after a Recovery Event.
  • 19066 EMS Certification.
  • 19067 Certified EMS.
  • 19068 EMS Changes.
  • 19069 EMS Certification Revocation.
  • 19070 County Change in EMS Vendor.
  • 19071 Required Registration Information.
  • 19072 Deficient Registration Records.
  • 19073 Verification of Voter Identity.
  • 19074 Missing Driver License Number, State Identification Number, and Social Security Number from an Affidavit of Registration.
  • 19075 Additional Identification or Residency Verification to Vote in Federal Elections.
  • 19076 Voter Registration Effective Dates.
  • 19077 Matching Criteria.
  • 19078 National Change of Address Processing.
  • 19079 State Death and Felony Status Records.
  • 19080 DMV Change of Address Notification.
  • 19081 Inactivating and Cancelling Voters.
  • 19082 Confidential Voters.
  • 19083 Synchronization.
  • 19084 Creation of County Administered Local and Statewide Elections.
  • 19085 Election Naming Standards.
  • 19086 Report of Registration.
  • 19087 Official List Extract.
  • 19088 Voter Information Guide.
  • 19089 Pre-Registrants.
  • 19090 Changes in Mapping of Precincts to Statewide Political Jurisdictions.
  • 19091 Vote-by-Mail Ballot Processing and Return Status.
  • 19092 Vote-by-Mail Ballot Reason Codes.
  • 19093 Provisional Ballot Processing and Return Statuses.
  • 19094 Provisional Ballot Reason Codes.
  • 19095 Conditional Voter Registration Provisional Ballot Processing.
  • 19096 Ballot Status.
  • 19097 Voter Participation History.
  • 19098 Certification of County Elections Official.

19060. Purpose.

  1. The purpose of this Chapter is to establish standards and procedures for processing, transmitting, and maintaining voter registration records in a manner that conforms with the statewide voter registration system requirements set forth in the Help America Vote Act of 2002 (HAVA) (52 U.S.C. Sections 20901, et seq.), the National Voter Registration Act of 1993 (NVRA) (52 U.S.C. Sections 20500, et seq.), and state law.
  2. This Chapter applies to the Secretary of State and all county elections officials within the State of California with respect to processing, transmitting, and maintaining voter registration records.
  3. The Secretary of State shall maintain the official statewide voter registration system. County elections officials shall synchronize voter registration records in the county election management system with the statewide voter registration system and use the official statewide voter registration system to determine eligibility to vote.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083.

19061. Immediate Action Required.

Unless otherwise provided in state or federal statute, state or federal regulation, or a binding court decision, if a county elections official receives notification from a voter, the Secretary of State, another county, or a court requesting or directing a modification to a voter’s registration record, the county elections official shall immediately take all reasonable actions to apply the modification or research and resolve the notification, including but not limited to, reviewing registration and voting history, reviewing source documents, matching signatures, or contacting the voter directly. The notification shall be resolved no later than five (5) business days from receipt by the county elections official. The modification shall not be effective until the county elections official has submitted the update to the statewide voter registration system.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083.

19062. Definitions. 

As used in this Article, the following terms have the following definitions:

  1. “Active voter” means any registered voter legally entitled to vote pursuant to Elections Code sections 2000 and 2101 and who is not currently deemed an “inactive voter” or a “cancelled voter” as defined in this section.
  2. “Adjudication” means to make a decision as to the correctness of a ballot and accept or deny the ballot.
  3. “Business day” means each day in which the county elections official, as defined below, is open for business pursuant to Civil Code section 9.
  4. “Cancelled voter” means an individual whose voter registration has been cancelled pursuant to Elections Code section 2201 or 2226.
  5. “Confidential voter” means a voter who has been granted confidential voter status pursuant to Elections Code section 2166, 2166.5, or 2166.7.
  6. “County elections official” means a county clerk, registrar of voters, elections supervisor having jurisdiction over elections within the county, or any person who is charged with the duty of conducting an election.
  7. “Data Standards” mean the VoteCal Data Standards (revised January 27, 2020; incorporated by reference).
  8. “Deficient registration record” means a record that does not contain the required substantive registration information necessary to determine eligibility to vote as set forth in Elections Code sections 2150 and 2154.  A deficient registration record is the same as an incomplete affidavit.
  9. “Election information system” means the set of software and hardware components used to process, store, and transmit voter registration data. The county election management system is one such component of this system.
  10. “Election management system” or “EMS” shall have the meaning set forth in Elections Code section 2500.
  11. “External state organization” shall include the following:
    1. California Department of Motor Vehicles (DMV)
    2. California Department of Public Health (CDPH)
    3. California Department of Corrections and Rehabilitation (CDCR); and
    4. California Employment Development Department (EDD)
  12. “Federal election” shall have the meaning set forth in Elections Code section 323.
  13. “High confidence match” means the statewide voter registration system identifies two voter records that are highly likely to belong to the same voter based on matching criteria including but not limited to: first and last name, date of birth, address, California driver license or state identification, and the last four (4) digits of the social security number.
  14. “Immediately” means as soon as practicable, but no later than five (5) business days after receipt of a notification or request as provided in Section 19061.
  15. “Inactive voter” means a voter whose status has been changed to “inactive” in accordance with Elections Code sections 2220 through 2226. An inactive voter is legally entitled to vote pursuant to Elections Code sections 2000 and 2101. The status of an inactive voter can be referred to as being on an “inactive list,” or as being placed in an “inactive file.”
  16. “Integration Specifications” mean the Secretary of State VoteCal System EMS Integration and Data Exchange Specifications Document (revised June 29, 2016; incorporated by reference).
  17. “In near real time” means near the actual time during which the event occurs.
  18. “List maintenance notice” mean any notice sent to a registered voter for the purpose of verifying registration information about the voter and to determine the voter’s ongoing eligibility to vote.
  19. “Official list extract” means the list of active and inactive voters extracted from the statewide voter registration system that county elections officials request and receive as part of preparing rosters for an upcoming election.
  20. “Pending” means an individual who has submitted an affidavit of registration that is properly executed, which individual has either not turned age 18 and whose status is “pending underage,” or whom the county elections official has not yet assigned to a precinct and whose status is “pending precinct.”
  21. “Potential match” means the statewide voter registration system identifies two or more voter records that may belong to the same voter based on matching criteria including but not limited to: first and last name, date of birth, address, California driver license or state identification, and the last four (4) digits of the social security number.
  22. “Pre-registered voter” means an individual who is at least 16 years of age, meets all voter eligibility requirements, and has submitted an affidavit of registration that contains all substantive information as defined in subdivision (bb) of this section.
  23. "Registrant” means a person who has submitted an affidavit of voter registration.
  24. “Registration record” means electronically stored data and images, such as paper affidavit images or voter participation history, associated with a registered or pre-registered voter.
  25. “Report of Registration” means the statewide list as referenced in Section 2187 of the Elections Code.
  26. “Satisfactory proof of identity” means the forms of proof of residency and identity as defined in Section 20107.

(aa) “Statewide voter registration system” means the official statewide voter registration system that serves as the single, uniform, standard, and centralized interactive voter registration system for the voters of California, administered and maintained by the Secretary of State. The statewide voter registration system integrates with the EMS maintained by a jurisdiction, such as a county elections office, to send, receive, and maintain voter registration and election information for jurisdictions within the State of California.

(bb) “Substantive information” means the facts contained on an affidavit of registration necessary to determine eligibility to vote pursuant to Elections Code section 2150.

(cc) “Verified California driver license or state identification number” or “CA DL/ID” means a registrant’s California driver license or state identification number that has been verified against DMV records.

(dd) “Verified social security number” means the last four (4) digits of a registrant’s social security number issued by the Social Security Administration that has been verified by the Social Security Administration database through the DMV.

(ee) “Voter participation history” or “VPH” means the electronic voter record submitted by county elections officials to the statewide voter registration system to indicate the voter’s method of participation as one of the following:

  1. Voting at a polling place prior to Election Day (early).
  2. Vote-by-mail.
  3. Voting at a polling place other than a vote center on Election Day, except by conditional voter registration (polling place).
  4. Vote center.
  5. Conditional voter registration (CVR). 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Section 323, 2000, 2101, 2150, 2154, 2166, 2166.5, 2166.7, 2187, 2201, 2220, 2221, 2222, 2223, 2224, 2225, 2226, and 2500, Elections Code; 52 U.S.C. Section 21083. 

19063. Communication between the Statewide Voter Registration System and the County. 

The statewide voter registration system shall communicate with the county EMS through electronic messages. For messages that require a county elections official’s response and/or action, the county elections official shall comply with Section 19061. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19064. County Security. 

  1. Each county shall protect the confidentiality, integrity, and availability of the data and the election information system authorized to process, store, and transmit voter registration data. This system shall utilize system hardening and resilient architecture by means of redundancy, high availability, or other fault-tolerant methodologies.
  2. Each county shall provide annual privacy and security awareness training to all staff and contractors, if any, utilizing its county voter registration and election information system in accordance with State Administrative Manual sections 5320 – 5320.2 and the Information Practices Act of 1977 (Civil Code section 1798, et seq.).
  3. Each county shall complete a security assessment of its election information system prior to a statewide primary election. The security assessment shall evaluate the:
    1. Active management (inventory, tracking, and correction) of all hardware devices on the network so that only authorized devices are given access, and unauthorized and unmanaged devices are found and prevented from gaining access.
    2. Active management (inventory, tracking, and correction) of all software on the network so that only authorized software is installed and can execute, and unauthorized and unmanaged software is found and prevented from installation or execution.
    3. Establishment, implementation, and active management (tracking, reporting, and correction) of the security configuration of laptops, servers, and workstations in order to prevent attackers from exploiting vulnerable services and settings.
    4. Continuous acquisition, assessment, and action on new threats in order to identify vulnerabilities, and to remediate and minimize opportunity for attacks.
    5. Tracking, control, prevention, and correction of the use, assignment, and configuration of administrative privileges on computers, networks, and applications.
    6. Collection, active management, and analysis of audit logs of events that could help detect, understand, or recover from an attack.
    7. Minimization of opportunities for attackers to manipulate human behavior through their interaction with web browsers and e-mail systems.
    8. Control of the installation, spread, and execution of malicious code at multiple points in the election information system, while optimizing the use of automation to enable rapid updating of defense, data gathering, and corrective action.
    9. Active management (tracking, control, and correction) of the ongoing operational use of ports, protocols, and services on networked devices in order to minimize vulnerabilities available for attack.
    10. Proper backup of critical data to allow for timely recovery. Backups shall be made at least every 24 hours. Backups for counties with more than 50,000 registered voters as of the last Report of Registration are recommended more frequently. Each county shall review critical data backup and recovery procedures to ensure the backups are not stored on the same servers hosting the county voter registration and election information system, and that restoration procedures are detailed and complete.
    11. Establishment, implementation, and active management (tracking, reporting, and correction) of the security configuration of network infrastructure devices in order to prevent attacks exploiting vulnerable services and settings.
    12. Detection, prevention, and correction of the flow of information transferring between networks of different trust levels with a focus on security-damaging data.
    13. Prevention of data exfiltration, mitigating the effects of exfiltrated data, and ensuring the privacy and integrity of sensitive information.
    14. Tracking, controlling, preventing, correcting, and securing access to critical assets (e.g., information, resources, systems) according to the formal determination of which persons, computers, and applications have a need and right to access these critical assets.
    15. Tracking, controlling, preventing, and correcting the security use of wireless local area networks, access points, and wireless client systems.
    16. Active management of the life-cycle of system and application accounts – their creation, use, dormancy, deletion – in order to minimize opportunities for attackers to leverage them.
    17. Identification of the specific knowledge, skills, and abilities needed to support defense of the election information system; development and execution of an integrated plan to assess, identify and remediate gaps, through policy, organizational planning, training, and awareness programs for all functional roles in the organization.
    18. Active management of the security life-cycle of all in-house developed and acquired software in order to prevent, detect, and correct security weaknesses.
    19. Protection of the organization’s information, by developing and implementing an incident response infrastructure (e.g., plans, defined roles, training, communications, and management oversight).
    20. Testing of the overall strength of an organization’s defenses (technology, processes, and people) by simulating the objectives and actions of an attacker.
  4. Each county and its EMS vendor shall take the following security measures to provide security for the county’s EMS and election information system, as well as for environments that interface with the statewide voter registration system and/or contain statewide voter registration system data:
    1. At all times servers hosting county voter registration and election information systems including the county’s EMS as well as any Secretary of State property, such as routers, shall be secured in a designated area away from public access. The designated area shall be secured with a method to determine the identity of each person that has accessed the designated area and unauthorized access to this designated area must be detectable.
    2. Only staff authorized by the county shall have physical access to servers hosting the county’s EMS and election information system, including servers containing the county’s EMS as well as any Secretary of State property, such as routers.
    3. The county’s EMS and election information system shall only be accessible by persons authorized by the county.
    4. No peripheral devices (e.g., disks, flash drives, smartphones, etc.) shall be attached to Secretary of State property, such as routers, installed at the county.
    5. Secretary of State property, such as routers, installed at the county shall be exclusively for interaction with the Secretary of State, and shall not to be used for other county purposes.
    6. The servers hosting the county EMS and election information system shall be running an operating system under mainstream support with critical and high security patches and updates applied at least monthly. All servers shall otherwise be hardened to industry best practices and government standards.
    7. The county’s EMS and election information system shall be installed and operated on a service account separate from any other services.
    8. The county’s EMS and election information system shall have anti-malware software installed and configured, and updates regularly applied.
    9. Counties shall encrypt all voter registration and election information system data whenever stored in non-volatile memory and whenever in transit between system components or through facilities not contracted directly to the county or the Secretary of State.
    10. All backup copies of county voter registration and election information system data, including images, shall be encrypted. Counties shall avoid the use of removable, portable media such as tape cartridges or DVD/ROM for data backup unless approved in writing by the Secretary of State based on the unique circumstances of the county, such as its information technology resources.
    11. Data encryption shall be compliant with National Institute of Standards and Technology Special Publication 800-175B, Guideline for Using Cryptographic Standards in the Federal Government, with preferred utilization of Advanced Encryption Standard (published August, 2016; incorporated by reference). However, effective July 1, 2021, the county and its EMS vendor shall use Federal Information Processing Standards Publication 140-2 (FIPS 140-2) for data encryption for the county’s EMS and election information system, as well as for environments that interface with the statewide voter registration system and/or contain statewide voter registration system data (Published May 25, 2001; incorporated by reference).
    12. Direct user access to the county’s EMS and election information system shall require, at a minimum, single sign-on authentication. However, effective July 1, 2021, direct user access to the county’s EMS and election information system shall require, at a minimum, two (2) sign-on authentications.
  5. The county’s EMS and election information system shall implement security log management, which includes the following:
    1. Log all systems and network devices with sufficient information collection.
    2. Securely store log files separately from the systems monitored, keep these files archived, and protect these files from unauthorized modification, access, or destruction.
    3. Use log monitoring tools to send real-time alerts and notifications.
    4. Utilize multiple synchronized United States-based time sources.
  6. Counties shall regularly review log(s) for any errors, abnormal activities, and any system configuration changes.
  7. Counties shall report detected unauthorized use, suspected breach, or denial of service attack on the county’s EMS and election information system to the Secretary of State Elections Division Help Desk within 24 hours of discovery. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19065. Data Restoration after a Recovery Event.

 If a county experiences an event necessitating voter registration data recovery, the county shall:

  1. Notify the Secretary of State Elections Division Help Desk and the county EMS vendor within 24 hours of discovery.
  2. Coordinate restoration with the Secretary of State Elections Division Help Desk and the county EMS vendor. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19066. EMS Certification.

  1. Any portion of the EMS used by county elections officials that is integrated with the statewide voter registration system shall be certified by the Secretary of State and shall adhere to all applicable federal and state laws.
  2. In order for an EMS to be certified by the Secretary of State, the EMS vendor shall:
    1. Submit an application on the California Application for Certification of an Election Management System (revised May 20, 2020; incorporated by reference).
    2. Develop a plan and schedule, in collaboration with the Secretary of State, outlining the strategy to manage the EMS remediation and/or development (software development lifecycle).
    3. Develop an EMS system, including system and security documentation that complies with the statewide voter registration system Integration Specifications, approved change requests, and the Data Standards.
    4. Successfully complete all user acceptance testing N(UAT) of their system with the Secretary of State and one of each certified EMS’s contracted counties. UAT testing includes resolving all statewide voter registration system interface related defects identified through testing. If all defects cannot be resolved, then the EMS must identify and implement a mitigated workaround, which must be agreed to in writing by all parties, until the resolution of defects can be completed.
    5. Successfully support system synchronization checks initiated by county elections officials and/or the Secretary of State and resolve differences, if any.
    6. Enter into a contract with the Secretary of State for ongoing maintenance, operation, and system changes.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083.

19067. Certified EMS.

  1. The certified EMS vendor shall certify in writing to the Secretary of State, annually by February 1, compliance with the requirements set forth in this section, for the previous year. The EMS certification shall be in substantially the following form: 

I/we hereby certify for the period commencing January 1, 20__ and ending December 31, 20__, that [Company] have/has done the following:

  1. Adhered to the Integration Specifications;
  2. Adhered to the Data Standards;
  3. Implemented all applicable approved change requests;
  4. Complied with all applicable federal and state laws; and
  5. Deposited the current version of the EMS source code with an approved escrow facility in accordance with Section 2501 of the Elections Code and Chapter 6 of Division 7 of Title 2 of the California Code of Regulations. 
  1. The certified EMS vendor shall support county synchronization checks initiated by the county and/or the Secretary of State, at a minimum, monthly and no more than 30 days prior to:
    1. A Report of Registration.
    2. An Official list extract for an election.
    3. Voter Information Guide processing.
  2. The certified EMS vendor shall work with county elections officials to resolve data discrepancies identified until acceptable tolerance levels for synchronization, as set forth in Section 19083, are attained by the county.
  3. Defects or bugs with the certified EMS that affect the statewide voter registration system or any other certified EMS currently in use shall be logged immediately with the Secretary of State Elections Division Help Desk. Once reported to the Secretary of State Elections Division Help Desk, the defect or bug shall be categorized by the Secretary of State and resolved as follows:
    1. Crtical:
      1. A critical defect or bug:
        1. prevents the accomplishment of an essential function; or
        2. jeopardizes safety, security, or causes unrecoverable data loss.
      2. For critical defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution, within one (1) business day following notification of the problem. A solution or workaround must be provided within two (2) business days of notification when possible, or by a mutually-agreed-upon date between the EMS vendor and Secretary of State.
    2. High:
      1. A high defect or bug:
        1. adversely affects the accomplishment of an essential function and there is no known workaround solution;
        2. causes recoverable data loss but with high impact to users; or
        3. impacts the reliability of public-facing functionality or data.
      2. For high defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution, within three (3) business days following notification of the problem. A solution or workaround must be provided by a mutually-agreed-upon date between the EMS vendor and Secretary of State.
    3. Medium:
      1. A medium defect or bug:
        1. affects the accomplishment of an essential function(s) and a workaround solution is known; or
        2. causes recoverable data loss.
      2. For medium defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution within 10 business days following notification of the problem. A solution or workaround must be provided by a mutually agreed upon date between the EMS vendor and Secretary of State.
    4. Low:
      1. A low defect or bug:
        1. results in user/operator inconvenience, but does not affect a required operation or mission essential function; or
        2. results in a cosmetic or documentation issue to non-public facing functionality.
      2. For low defects or bugs, the EMS vendor must conduct analysis and provide next steps, or provide a resolution within 10 business days following notification of the problem. A solution or workaround must be provided by a mutually agreed upon date between the EMS vendor and Secretary of State.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083; Section 2501, Elections Code.

19068. EMS Changes.

  1. Changes to a certified EMS that will impact the statewide voter registration system or any other certified EMS currently in use shall not occur during the 60 days prior to a statewide election without written approval from the Secretary of State and when necessary to conduct the election. For any change occurring during the 60 days prior to a statewide election to address a critical defect or bug, the certified EMS vendor shall follow the timelines specified in subdivision (d)(1) of Section 19067 and implement the change upon receipt of written approval from the Secretary of State.
  2. The certified EMS vendor shall conduct EMS system integration testing with the Secretary of State prior to making any EMS changes that potentially impact the ability of a certified EMS to be compliant with the Data Standards, Integration Specifications, or specifications regarding functioning of the statewide voter registration system.
  3. The certified EMS vendor shall do all of the following:
    1. Work with the Secretary of State and their counties on the resolution of defects, changes to the certified EMS that impact the statewide voter registration system, and correction of data discrepancies and prioritize defects and data discrepancies as to urgency and assign dates for resolution;
    2. Coordinate any release with the Secretary of State such that the release coincides with the statewide voter registration system release, if any; and
    3. Work with the Secretary of State and the counties to perform UAT for the statewide voter registration system and certified EMS changes prior to any certified EMS release or patch
  4. The certified EMS vendor shall participate in ongoing verification of compliance with the Data Standards when changes are made to the certified EMS system where such changes may affect the statewide voter registration system or its data or any other certified EMS system currently in use.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19069. EMS Certification Revocation.

The Secretary of State shall review each certified EMS periodically to determine whether or not it is following the requirements set forth in Sections 19067 and 19068. Failure to comply with those sections or other provisions of relevant state or federal law may result in the revocation of EMS certification. The Secretary of State may pursue EMS certification revocation when necessary for the continued functioning of the statewide voter registration system, including any system changes needed or desired by the Secretary of State or county elections officials, consistent with evolving state and federal election laws. Prior to revoking the certification, the Secretary of State shall provide written notice to the affected counties and the certified EMS vendor. Revocation within six months of any statewide election will not take effect until the 61st day following that election. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19070. County Change in EMS Vendor.

If a county chooses to change EMS vendors and contract with a different certified EMS vendor, the county shall:

  1. Notify the Secretary of State Elections Division Help Desk in writing as soon as practicable prior to commencing services with the different certified EMS vendor; and
  2. Coordinate with the Secretary of State Elections Division Help Desk and the different certified EMS vendor during the transition to ensure system and data integrity. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19071. Required Registration Information.

  1. Any affidavit of registration submitted shall contain the required substantive registration information necessary to determine eligibility to vote, pursuant to Sections 2150 and 2154 of the Elections Code.
  2. Any affidavit of registration submitted missing required substantive information shall be processed according to Section 19072.
  3. The county elections official shall attempt to collect missing substantive information pursuant to Section 2153 of the Elections Code.
  4. If missing required substantive information is not received by the county elections official within 180 days of receipt of the registration, the affidavit of registration shall be rejected.
  5. The county elections official shall notify each voter registration applicant of the disposition of their affidavit of registration, in accordance with Sections 2153 and 2155 of the Elections Code. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code; 52 U.S.C. section 20507(a)(2). Reference: Sections 2150, 2153, 2155, Elections Code; 52 U.S.C. Section 21083. 

19072. Deficient Registration Records.

  1. Any paper affidavit of registration, excluding a print-out of an electronic affidavit of registration, that is missing required substantive registration information specified in Sections 2150 and 2154 of the Elections Code, shall be processed as follows:
  2. Any affidavit of registration received electronically through online voter registration that is missing required registration information specified in Sections 2150 and 2154 of the Elections Code shall be processed as follows:
  3. Any registration record submitted to the statewide voter registration system that lacks information specified in Section 2150 of the Elections Code, and to which no presumption pursuant to Section 2154 of the Elections Code applies, shall result in a deficiency notice. The county elections official receiving such notice shall process the affidavit of registration or registration record as follows:
  4. If a deficient affidavit of registration or a deficient registration record is received by the county elections official on or before the 15th day before the election and the election official receives the missing information after the 15th day before the election, the registrant shall have until the two days prior to the election official certifying the results of the election to resolve all deficiencies to be considered a registered voter for that election.
  5. An individual who is not registered to vote pursuant to this subdivision shall be allowed to vote a provisional ballot in accordance with Section 14310 of the Elections Code or to register conditionally and vote in accordance with Section 2170, et seq, of the Elections Code. In the event eligibility is determined, the provisional ballot shall be accepted but, to the extent feasible and when applicable, not processed until all counties have posted polling place voter participation history. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Sections 2150, 2153, 2154, 2170, 2171, 2172, 2173, and 14310, Elections Code; 52 U.S.C. Section 21083. 

19073. Verification of Voter Identity.

  1. Pursuant to the Help America Vote Act of 2002, each voter’s identity shall be verified.
  2. If an affidavit of registration contains a California driver license or state identification number, the statewide voter registration system shall compare this number with DMV records. A verified California driver license or state identification number shall constitute verification of the voter’s identity.
  3. If an affidavit of registration contains only the last four (4) digits of a social security number, and no California driver license or state identification number, the statewide voter registration system shall compare the last four (4) digits of the voter’s social security number, the voter’s first and last name, and the voter’s date of birth with DMV records. A verified social security number shall constitute verification of the voter’s identity.
  4. If a California driver license or state identification number or the last four (4) digits of the social security number provided by a registrant on an affidavit of registration cannot be verified by the statewide voter registration system, the registrant may be subject to the identification requirements of Section 19075, unless, for example, the statewide voter registration system or the county EMS is able to verify the registrant’s identity. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19074. Missing Driver License Number, State Identification Number, and Social Security Number from an Affidavit of Registration.

  1. If an affidavit of registration does not include a California driver license or state identification number, the statewide voter registration system shall determine whether a California driver license or state identification number is available through the DMV. If a California driver license or state identification number has been issued and is available through the DMV, and the DMV identifies only one individual who possesses the last name, first name, and date of birth of the registrant, the statewide voter registration system shall update the voter registration record with the verified California driver license or state identification number.
  2. If at any time the county elections official is able to obtain the valid California driver license number, state identification number, or the last four (4) digits of the social security number for a voter whose registration record does not contain this information, the county elections official shall update the voter record with the missing information.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19075. Additional Identification or Residency Verification to Vote in Federal Elections.

  1. For any affidavit of registration submitted, one of the following conditions shall be satisfied before a voter can vote in a federal election:
    1. Applicant provided satisfactory proof of identity with the affidavit of registration or otherwise provided satisfactory proof of identity prior to voting in a federal election; or
    2. California driver license or state identification number or the last four (4) digits of the social security number provided were verified with the DMV; or
    3. Applicant is registered to vote under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections  20302, et seq.), or is entitled to vote other than in person under the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. Sections  20102(1)(b)(2)(B)(ii)), or any other federal law; or
    4. Applicant has previously registered to vote in California and the applicant has previously voted in a federal election in California. 
  2. If any of the conditions in subdivision (a) of this section are satisfied, the registrant shall be exempt from providing further proof of identity pursuant to 52 U.S.C. Section 20505(c) for the purpose of voting. The county elections official shall enter into the EMS the reason for the exemption from the identification requirement based on subdivision (a)(1-4) of this section.
  3. If none of the conditions in subdivision (a) of this section are satisfied, but the registrant has provided all substantive information to be otherwise eligible to vote, the voter’s record shall indicate that proof of identity must be provided the first time the voter votes in a federal election.
  4. All voters, including polling place and vote by mail voters, identified pursuant to subdivision (c) of this section shall be required to provide proof of identity the first time they vote in a federal election pursuant to 52 U.S.C. Section 20505(c) and in accordance with Section 20107 Title 2, Division 7, Chapter 1, Article 7 of the California Code of Regulations.
  5. Once a voter identified pursuant to subdivision (c) of this section has provided proof of identity, the county elections official shall update the county EMS to reflect that the voter is no longer required to provide proof of identity. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Sections 20102, 20505, and 21083.

19076. Voter Registration Effective Dates.

  1. Voter registration effective dates shall be entered and updated as set forth in this Section.
  2. Any paper or online affidavit of registration shall have a registration effective date of the date the affidavit of registration is received by the county elections official or the Secretary of State, unless it is received by mail after the close of registration, but is postmarked prior to the close of registration, then the registration effective date is the date of the close of registration.
    1. Within one working day, the Secretary of State shall transmit the affidavit to the county elections official of the registrant’s county of residence, as stated on the affidavit.
  3. Any paper affidavit of registration, excluding a print-out of an electronic affidavit of registration, that is missing:
    1. a signature, but is otherwise complete, shall have a registration effective date that is the date the affidavit of registration was initially received by the Secretary of State or the county elections official, even when the signature is obtained at a later date.
    2. information specified in Section 2150 of the Elections Code, and to which no presumption pursuant to Section 2154 of the Elections Code applies, shall have a registration effective date of the date the completed information is received by the county elections official, unless the missing information is received after the close of registration but prior to the certification of the election, in which case the registration effective date is listed as the date of the close of registration.
  4. Any affidavit of registration processed through online voter registration that is missing a signature, but is otherwise complete, shall have a registration effective date that is the timestamp contained in the electronic voter registration application, even when the signature is obtained at a later date.
  5. Any affidavit of registration submitted to the DMV shall have a registration effective date of the date it was submitted to the DMV; the effective date will depend on the source of the affidavit of registration. In this subdivision (e) and in subdivision (f), “submitted to the DMV” has the following meanings:
    1. for a driver license form submitted to a DMV field office (field office), either in paper or electronic form, the date the DMV customer visits the field office and completes the transaction.
    2. for a driver license renewal form submitted through the DMV’s website, the date the online transaction is completed.
    3. for a driver license renewal form submitted on paper and mailed to the DMV headquarters, the date the renewal form is delivered to the Remittance Section at the DMV headquarters.
    4. for a change of address form submitted on paper and mailed or delivered to a field office, the date of the date stamp given to the form at the field office.
    5. for a change of address form submitted on paper and mailed to the DMV headquarters, the date of the date stamp given to the form in the DMV headquarters’ mailroom.
    6. for a change of address form submitted through the DMV’s website, the date the online transaction is completed
  6. Any affidavit of registration submitted to the DMV and electronically transmitted to the Secretary of State by the DMV that is missing:
    1. a signature, but is otherwise complete, shall have a registration effective date that is the timestamp contained in the electronic voter registration application, even when the signature is obtained at a later date.
    2. information specified in Section 2263 of the Elections Code shall have a registration effective date of the date the completed information is received by the county elections official, unless the missing information is received after the close of registration but prior to the certification of the election, in which case the registration effective date is listed as the date of the close of registration.
  7. Any affidavit of registration accepted by a National Voter Registration Act agency (VRA) shall have a registration effective date of the date the VRA accepted it as reflected by a date stamp. However, if the VRA does not date stamp the affidavit of registration and it is a paper affidavit of registration, it shall have a registration effective date of the date the affidavit of registration is received by the county elections official or the Secretary of State.
  8. Any new resident affidavit of registration, pursuant to Section 3402 of the Elections Code, shall have a registration effective date that is the date of the close of registration.
  9. Any new citizen affidavit of registration, pursuant to Section 3500 of the Elections Code, shall have a registration effective date that is the date of the close of registration.
  10. Any affidavit of pre-registration shall have a registration effective date of the date the registrant turns 18 years of age, however, if the registrant will turn 18 years of age within 60 days of an election, the registration effective date of the affidavit shall be no later than the close of registration.
  11. A residential change of address request, document or record, as set forth below, that updates a voter’s record shall have a registration effective date as follows:
    1. A signed request (i.e., letter, returned list maintenance notice) from a voter to change their address – the date the signed request is received by the county elections official or the Secretary of State, unless it is received by mail after the close of registration, but is postmarked prior to the close of registration, then the registration effective date is the date of the close of registration.
    2. A provisional ballot, pursuant to Section 14311 of the Elections Code, if deemed valid – the date the provisional ballot is received by the county elections official.
    3. A National Change of Address record – the first day of the month that is embedded in the record.
    4. Electronic Address Change Service (ACS) notifications – the first day of the month that is embedded in the record.
    5. Manual Address Change Service (ACS) notifications (NIXIE tabs) – the date the notification is received by the county elections official, unless it is received by mail after the close of registration, then the registration effective date is the date of the close of registration.
    6. For any returned Residency Confirmation Postcard (RCP), Alternate Residency Confirmation Postcard (ARC), or Consumer Credit Reporting Agency notice with a signed address change request ­from a voter – the process set forth in paragraph (1) subdivision (k) shall be followed.
  12. Any affidavit of registration or address change with a registration effective date prior to the close of registration, received after the close of registration, shall be processed as if it had been received prior to close of registration. Any provisional ballot shall be adjudicated according to the registration effective date.
  13. A signed request from a voter, delivered to the county elections official pursuant to Section 2119.5 or 2152 of the Elections Code, to change their address within the same county or add or change their political party preference shall have a registration effective date that is the date of the close of registration, unless the request is delivered on Election Day, then the registration effective date is Election Day.
  14. A change in the status of a voter’s record from inactive to active as a result of the voter confirming the voter’s voter registration record on the internet website of the Secretary of State, pursuant to Section 2226 of the Elections Code, shall have a registration effective date of the date of the voter’s confirmation.  

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Sections 2119.5, 2150, 2152, 2154, 2220, 2226, 2263, 3402, 3500, 14311, Elections Code; 52 U.S.C. Section 21083. 

19077. Matching Criteria.

  1. The statewide voter registration system uses a series of matching criteria, including first and last name, date of birth, address, California driver license or state identification, and the last four (4) digits of the social security number, to find and match voter records and identify them as either a high confidence or a potential match.
  2. For a potential match, the county shall evaluate the records identified as potentially matched and either accept or not accept the potential match within five (5) business days. If the potential match is accepted, the records will be merged into one voter record.
  3. If the high confidence voter records are determined to be a match, the records will be merged into one voter record.
  4. If a county elections official determines a high confidence or potential match was made in error, the county elections official shall take appropriate steps to undo the match and merge of the voter records. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19078. National Change of Address Processing.

  1. The Secretary of State shall conduct monthly voter registration list maintenance using a change of address service or services based on the United States Postal Service National Change of Address (NCOA) database to identify address changes for registered voters.
  2. For records showing a change of address, the statewide voter registration system shall automatically transmit an NCOA Potential Address Change Message to the county elections official in the county from or within which a voter has moved.
  3. Within five (5) business days of receipt of an NCOA Potential Address Change Message from the Secretary of State, the county elections official shall process the NCOA Potential Address Change Message pursuant to Elections Code sections 2225 and 2226 and submit any change in the registration record to the statewide voter registration system in accordance with Section 19061.
  4. When a resolved NCOA Potential Address Change for a residential address moves a voter into another county, the county elections official of the voter’s new county shall process the incoming voter record in accordance with Section 19061. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Sections 2225, and 2226, Elections Code; 52 U.S.C. Section 21083. 

19079. State Death and Felony Status Records.

  1. When a new or updated voter registration record is received by the statewide voter registration system, the Secretary of State shall compare that voter registration record with records of deceased persons from the CDPH and records of persons who are currently in state or federal prison or on parole for the conviction of a felony who are ineligible to vote, from the CDCR.
  2. When the Secretary of State receives new records from the CDPH or from the CDCR, the records shall be compared to the voter registration records in the statewide voter registration system.
  3. Upon identifying a potential match, the Secretary of State shall transmit notice of the potential match to the county elections official in the county in which the potential match is identified.
  4. Upon receipt of a notice of potential match, the county elections official shall determine whether the registration record matches a record of a deceased person or person who is currently in state or federal prison or on parole for the conviction of a felony which renders that person ineligible to vote in accordance with Section 19061. If a match is confirmed by the county elections official, the county elections official shall accept the potential match and that voter’s record shall be cancelled.
  5. When the Secretary of State receives a record of a voter with a federal felony conviction which renders them ineligible to vote, the record shall be forwarded to the county elections official of the voter’s county of residence. The county elections official shall process the record in accordance with Section 19061.
  6. County elections officials shall process county death records in accordance with Elections Code section 2205, and upon identifying a match with a voter’s record shall submit any change in the registration record to the statewide voter registration system in accordance with Section 19061.
  7. County elections officials shall process county felony records in accordance with Elections Code section 2212, and upon identifying a match with a voter’s record shall submit any change in the registration record to the statewide voter registration system in accordance with Section 19061. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10, 2168, Elections Code. Reference: 52 U.S.C. Section 21083; Sections 2205 and 2212 Elections Code. 

19080. DMV Change of Address Notification.

When DMV Change of Address (DMV COA) records are received by the statewide voter registration system, each DMV COA record is compared to the voter registration records in the statewide voter registration system. If a match is found between the DMV COA record and a voter record, the statewide voter registration system will send notice of a potential DMV COA match to the county. The county elections official shall, in accordance with Section 19061, resolve any potential matches by doing the following:

  1. If a county elections official determines that a DMV COA potential match is valid, the county elections official shall accept the potential match and update the voter’s address.
  2. If a county elections official determines that a DMV COA potential match is valid but the voter’s new address is not within the county, the county elections official shall redirect the message to the correct county. The correct county shall act on this redirected message in the same manner as if it had received the initial message under subdivision (a).
  3. If the county elections official determines that a DMV COA potential match is valid but contains an out-of-state address, the county elections official shall accept the potential match, and update the voter’s record to inactive status and send a forwardable address confirmation mailing to the new address, which must be in substantially the form required by Section 8(d)(2) of the NVRA (52 U.S.C. Section 20507).
  4. If a county elections official determines that a DMV COA potential match was processed in error, the county elections official shall:
    1. Reverse the previous determination if the error is identified within 24 hours of submitting the match determination.
    2. Notify the Secretary of State Elections Division Help Desk if the error is identified more than 24 hours after submitting the match determination.
  5. The county elections official shall submit any change in the registration record to the statewide voter registgration system in accordance with Section 19061. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Sections 20507 and 21083. 

19081. Inactivating and Cancelling Voters.

  1. If mailings have been returned as undeliverable, or if NCOA, Operation Mail, a returned mailing, or postal service change-of-address data indicates that a voter has moved and left no forwarding address or moved out of state, the county elections official shall send a forwardable address confirmation mailing to the voter at that same address, which must be in the form required by Section 8(d)(2) of the NVRA (52 U.S.C. Section 20507(d)(2)).
    1. Pursuant to Section 2226(a)(3) of the Elections Code, the county elections official shall not send this mailing to a voter who has confirmed the voter’s voter registration record on the internet website of the Secretary of State within the year. However, in the event mailings have been returned as undeliverable or any of the above-mentioned notifications or data indicates that voter has moved and left no forwarding address or moved out of state, this mailing must be sent even if this mailing occurs within a year of the voter’s confirmation.
  2. Upon the sending of the notice described in subdivision (a), the county elections official shall update the voter’s record to inactive status.
  3. An inactive voter retains the legal right to vote, but need not be mailed election materials. A voter who does not respond to the notice described in subdivision (a) prior to the 15th day before the date of an election may have to provide proof of their residence address in order to vote.
  4. The registration of a voter who is sent a notice described in subdivision (a) shall be cancelled pursuant to Section 303(a)(4)(A) of HAVA (52 U.S.C. Sections  21083(a)(4)(A)) and Sections 8(a)(4) and 8(d)(3) of the NVRA (52 U.S.C. Sections  20507(a)(4), (d)(3)) unless the voter:
    1. Responds to the notice confirming a California residential address;
    2. Offers or appears to vote in any election in California within the next two federal general election cycles following the date of the notice; or
    3. Otherwise confirms their California residence (i.e., by re-registering to vote or submitting a change of address through DMV).
  5. The county elections official shall cancel a voter’s registration for reasons described in Elections Code section 2201(a).
  6. Prior to cancelling a voter’s registration based on a written request submitted by the voter, the county elections official shall determine that the signature on the written request and, if provided, the date of birth and/or California driver license or identification card number appear to be the same as that on the affidavit of registration. A scanned copy of the cancellation request shall be attached to the voter record as verification.
  7. Upon cancellation of a registration pursuant to subdivision (f), the county elections official shall confirm in writing to the requestor, within 30 days of receipt of the request, that the registration has been cancelled pursuant to the request. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Sections 2201, 2220, 2221, 2222, 2223, 2224, 2225, 2226, and 2227, Elections Code; 52 U.S.C. Sections 20507 and 21083. 

19082. Confidential Voters.

For voters registered pursuant to Elections Code sections 2166, 2166.5, and 2166.7, the county elections official shall do all of the following:

  1. Enter into the statewide voter registration system a confidential voter record in its entirety without omission or redaction;
  2. Establish and maintain restricted access for county elections staff that enter and view confidential voter information in the statewide voter registration system;
  3. Ensure that county elections staff that enter and view confidential voter information is trained on processing and maintaining confidential records; and
  4. Comply with Elections Code sections 2166, 2166.5, and 2166.7.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083; Sections 2166, 2166.5, and 2166.7, Elections Code. 

19083. Synchronization.

  1. The county shall conduct regular synchronization checks to compare the voter registration data in the statewide voter registration system with the voter registration data in the county EMS and resolve any differences.
  2. County elections officials shall complete a synchronization check, and take appropriate actions to resolve the differences, at least monthly.
  3. County elections officials shall complete a synchronization check, including the resolution of any differences, no more than 30 days prior to:
    1. A Report of Registration (ROR);
    2. An official list extract for an election; and
    3. Voter Information Guide (VIG) processing.
  4. When differences are identified in a synchronization check, the county elections official shall prioritize the correction of the data differences as follows:
    1. Voters in the county EMS and not in the statewide voter registration system
    2. Voters in the statewide voter registration system and not in the county EMS
    3. Data differences between the statewide voter registration system and the county EMS
  5. For synchronization areas, the county elections official shall prioritize the correction of the data in the categories as follows:
    1. Precinct and district data
    2. Voter registration data
    3. Voter participation history
    4. Voter affidavit and signature
    5. Voter correspondence 
  6. For each of the data categories, the county elections official shall be within acceptance tolerance criteria based on the number of differences between the county EMS and the statewide voter registration system. If the total number of records is within the acceptance tolerance for the category, the category is within the acceptance tolerance. The synchronization acceptance tolerance is as follows:
    1. For precinct and district data, 100% conformity between the county EMS and the statewide voter registration system.
    2. For voter registration record differences, as follows:
      1. Up to 5,000 with 5 differences allowed.
      2. Between 5,001 and 100,000 with 100 differences allowed.
      3. Between 100,001 and 500,000 with 500 differences allowed.
      4. Between 500,001 and 1,000,000 with 1,000 differences allowed.
      5. Between 1,000,001 and 3,000,000 with 3,000 differences allowed.
      6. Between 3,000,001 and 8,000,000 with 8,000 differences allowed.
      7. Greater than 8,000,000 with 8,000 differences allowed.
    3. For voter participation records, voter affidavit and signature differences, and voter correspondence, as follows:
      1. Up to 100,001 with 100 differences allowed.
      2. Between 101 and 500,000 with 500 differences allowed.
      3. Between 500,001 and 1,000,000 with 1,000 differences allowed.
      4. Between 1,000,001 and 5,000,000 with 5,000 differences allowed.
      5. Between 5,000,001 and 20,000,000 with 20,000 differences allowed.
      6. Between 20,000,001 and 50,000,000 with 50,000 differences allowed.
      7. Greater than 50,000,000 with 50,000 differences allowed. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19084. Creation of County Administered Local and Statewide Elections.

  1. The Secretary of State shall create for all statewide elections a record containing the name of the election in the statewide voter registration system in conformance with Section 19085.
  2. County elections officials shall create, for each county administered local and statewide election, an election in the county EMS and send the election to the statewide voter registration system with election names and associated codes in conformance with Section 19085.
  3. County elections officials shall enter their election precincts and polling places into their county EMS and send them to the statewide voter registration system in accordance with Elections Code sections 12223, 12241, and 12286 at least 29 days prior to county administered local and statewide elections. Any change of a polling place made pursuant to Elections Code section 12281 shall also be sent to the statewide voter registration system immediately. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19085. Election Naming Standards.

When creating a county administered local or statewide election, the following election names and associated codes shall be used:

  1. Congressional District Special General – CG
  2. Congressional District Special Primary – CP
  3. Direct Primary – DP
  4. Gubernatorial General – GG
  5. Gubernatorial Primary – GP
  6. Other Legislative District Special General – SG
  7. Other Legislative District Special Primary – SP
  8. Presidential General – PG
  9. Presidential Primary – PP
  10. Special Statewide – SS
  11. Bond – BD
  12. General Law Cities – GL
  13. Municipal – MU
  14. Open– OP
  15. Recall – RC
  16. Special Vacated Primary – SV
  17. Tax – TX
  18. UDEL Mailed Ballot – UM
  19. Uniform District Election – UD
  20. Other – OT 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19086. Report of Registration.

  1. Prior to the Secretary of State generating a Report of Registration (ROR) from the statewide voter registration system, the county elections official shall:
  2. Following the notice specified in subdivision (a), the county elections official shall certify the information provided to the Secretary of State by the deadlines specified in Elections Code section 2187(c). 

Note: Authority cited: Section 12172.5, Government Code; Sections 10, 2168, and 2187, Elections Code. Reference: 52 U.S.C. Section 21083. 

19087. Official List Extract.

  1. The county elections official shall generate an official list extract from the statewide voter registration system for the purpose of conducting a county administered local or statewide election.
  2. Prior to generating an official list extract from the statewide voter registration system, the county elections official shall:
    1. Conduct a synchronization check pursuant to Section 19083.
    2. Verify that:
      1. All eligible voter precincts are assigned to the election;
      2. All eligible voter precincts are the precincts associated with the registration date that is on or before the election registration close date; and
      3. All voters that will be 18 years of age on or before the election shall be marked as active 60 days before the election to be included in the official list extract.
  3. The official list extract shall contain all active and inactive voters for the county as of an effective date (e.g., close of registration).
  4. The county elections official shall use the official list extract from the statewide voter registration system as the foundation of the official elections roster for a county administered local or statewide election. The county elections official may add additional information to the official elections roster that is not present on the official list extract as necessary for election purposes.
  5. Subsequent or supplemental rosters, after the initial roster, may be created from either a county elections official’s county EMS or from the statewide voter registration system. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19088. Voter Information Guide.

  1. Prior to beginning the process for the mailing of the state Voter Information Guide (VIG) for a statewide election, the county elections official shall:
    1. Conduct a synchronization check pursuant to Section 19083; and
    2. Verify that all active precincts have voters assigned to that election.
  2. Between 60 days and 50 days before the election, the county elections official shall notify the Secretary of State in writing that the county is ready for the initial state VIG mailing list of voters registered 60 days before the election to be extracted from the statewide voter registration system and for the Secretary of State to mail the state VIG to the registered voter households in the county elections official’s county.
  3. Between 29 days and 27 days before the election, the Secretary of State shall extract an additional VIG mailing list of voters registered after the 60th day before the election from the statewide voter registration system and the Secretary of State shall mail the state VIG to those additional registered voter households in the county elections official’s county. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19089. Pre-Registrants.

  1. A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may pre-register to vote prior to turning 18 years of age pursuant to Elections Code sections 2102 and 2150.
  2. A pre-registrant shall be indicated in the county EMS and the statewide voter registration system with a status of “pending underage.”
  3. At the time the pre-registrant turns 18 years of age, the county elections official shall:
    1. Change the pre-registrant’s status from “pending underage” to “active” in the statewide voter registration system; and
    2. Send a notice to the pre-registrant of the change in voter status to “active” informing the registrant of his/her eligibility to vote.
  4. Sixty (60) days before Election Day, a pre-registrant who will turn 18 years of age on or before Election Day shall be marked as active to receive election related material and appear on the official list.
  5. All registration data of pre-registrants shall remain confidential and not appear on any list, roster, or index until the pre-registrant turns 18 years of age and becomes a registered voter, except 60 days before Election Day. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083; Sections 2102 and 2150, Elections Code. 

19090. Changes in Mapping of Precincts to Statewide Political Jurisdictions.

  1. Whenever a county elections official completes changes in the assignment of precincts to any state or federal political jurisdiction, the county elections official shall immediately transmit updated precinct data to the statewide voter registration system.
  2. Upon completion of redistricting activities, a county shall immediately update the statewide voter registration system with the current precinct jurisdiction information. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19091. Vote-by-Mail Ballot Processing and Return Status.

  1. A county elections official shall send vote-by-mail (VBM) ballot issuance data for each VBM ballot delivered pursuant to Section 3010 of the Elections Code to the statewide voter registration system as soon as a VBM ballot is issued to a voter.
  2. If a county elections official participates in the system created pursuant to Elections Code section 3019.7 to allow a vote-by-mail voter to track their VBM ballot through the mail system, the county elections official shall send the following information to the statewide voter registration system so that the voter may receive information via email or text message about the status of his or her VBM ballot:
    1. The date the VBM ballot is delivered by the county elections official to the United States Postal Service, to comply with Elections Code section 3019.7(a)(1).
    2. The date, based on information from the United States Postal Service, that the voter’s VBM ballot is expected to be delivered to the voter, to comply with Elections Code section 3019.7(a)(2).
    3. Notification if the voter’s VBM ballot is returned as undeliverable to the county elections official by the United States Postal Service, to comply with Elections Code section 3019.7(a)(3).
    4. The date when a completed VBM ballot is received by the county elections official, to comply with Elections Code section 3019.7(a)(4).
    5. The information required by subdivision (c), to comply with Elections Code section 3019.7(a)(5). This will allow the system established under Elections Code section 3019.7 to notify a voter when their VBM ballot has been counted or, if the ballot cannot be counted, of steps the voter can take in order to have the ballot counted.
    6. The county elections official shall not be required to send information on the deadline for the voter to return his or her ballot to comply with Elections Code section 3019.7(a)(6). This information can be generated automatically from the system established under Elections Code section 3019.7.
  3. The county elections official shall, immediately upon adjudication of a voter’s VBM ballot received pursuant to Elections Code section 3020, enter into the statewide voter registration system a VBM ballot return status and reason code.
    1. The ballot return status of a VBM ballot shall be indicated as either “Accepted” or “Not Accepted.
    2. An appropriate reason code shall be assigned by the county elections official in accordance with Section 19092, if the ballot return status is “Not Accepted.
  4. VBM ballot information referred to in subdivisions (a) through (c) above shall be displayed on the Secretary of State’s “My Voter Status” page, along with the voter participation history.

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Sections 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3007.5, 3007.7, 3007.8, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3016.5, 3017, 3018, 3019, 3019.5, 3019.7, 3020, 3021, 3021.5, 3022, 3023, 3024, 3025, and 3026, Elections Code; 52 U.S.C. Section 21083.

19092. Vote-by-Mail Ballot Reason Codes.

  1. For all VBM ballots where the ballot return status is “Not Accepted,” an appropriate reason code shall be assigned by the county elections official.
  2. If a VBM ballot not had a final adjudication, the county elections official shall assign the ballot return status of “Not Accepted” and either a temporary rejection reason code of “In review.” or one of the applicable rejection reason codes set forth in subdivision (c) below.  Upon the final adjudication of the ballot, “In review” shall be replaced with either a ballot return status of “Accepted” or with a reason code for “Not Accepted” as provided in subdivision (c) below.
  3. If a county elections official does not accept a VBM ballot, then a ballot return status of “Not Accepted” shall be assigned along with one of the rejection reason codes listed below:
    1. “Voter already voted.”  This reason code shall be used when rejecting a VBM ballot that was submitted by a voter when the voter already has an accepted or counted ballot in California for that election, when the voter has previously: 
      1. Voted at a location as provided in Elections Code section 338.5;
      2. Returned a VBM ballot in California that was accepted by a county elections official;
      3. Returned a provisional ballot that has been processed and counted in the same or another county; or
      4. Returned a CVR provisional ballot that has been processed and counted in the same or another county.
    2. “No voter signature.” This reason code shall be used when the voter did not provide a signature on the VBM ballot envelope.
    3. “Non-matching signature.” This reason code shall be used when the voter provided a signature on the VBM ballot envelope that did not compare to the signature on file with the county.
    4. “Ballot missing from envelope.” This reason code shall be used when the VBM ballot envelope did not contain a ballot.
    5. “Voter deceased.” This reason code shall be used when it is determined that the voter was deceased prior to the signature on the envelope or when the ballot has been returned unvoted with a notation that the voter is deceased. 
    6. “Missing or incorrect address on the envelope.” This reason code shall be used when the address is missing from the VBM envelope or when the address does not match the registration record on file in the elections office.
    7. “Multiple ballots returned in one envelope.” This reason code shall be used when more than one VBM ballot is returned in an envelope.
    8. “Ballot was not received in time.” This reason code shall be used when a VBM ballot was postmarked after Election Day or was postmarked on or before Election Day and was received by the county elections office more than three days after the election or was delivered to the polls or vote center after the close of the polls on Election Day.
    9. “VBM ballot was undeliverable.” This reason code shall be used when the voter has not cast their VBM ballot and the VBM ballot is returned by the United States Postal Service and marked undeliverable.
    10. “No ID provided.” This reason code shall be used in a federal election when a first-time registrant, who is also a first-time voter, did not provide a California driver license or state identification number or the last four (4) digits of their social security number when they registered to vote, pursuant to Section 19075 of this article, and they did not provide the  information required by Section 20107 of article 7 of chapter 1 of Division 7 of Title 2 of California Code of Regulations, prior to the final adjudication of the ballot.
    11. (10) “Cancelled.”  This reason code is used when a voter has not cast their VBM ballot and the VBM ballot was voided, spoiled, or the VBM ballot was surrendered or suspended and re-issued.
    12. “Please contact your county for further information.” This reason code shall be used when the county rejection reason is not “In review” or as provided in (c) (1-119) above.

       

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Sections 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3007.5, 3007.7, 3007.8, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3016.5, 3017, 3018, 3019, 3019.5, 3019.7, 3020, 3021, 3021.5, 3022, 3023, 3024, 3025, and 3026, Elections Code; 52 U.S.C. Section 21083. 

19093. Provisional Ballot Processing and Return Statuses.

If a voter’s provisional ballot is to be included in a semi-official or official canvass pursuant to Elections Code section 14310, the county elections official shall process the voter’s provisional ballot as provided in this section.

  1. The county elections official shall immediately upon adjudication of the voter’s provisional ballot, enter into the statewide voter registration system a ballot return status and reason code.
  2. The ballot return status of a provisional ballot shall be indicated as either: “Counted” or “Not Counted.”
  3. An appropriate reason code shall be assigned in accordance with section 19094, if the ballot status is “Not Counted.”
  4. Provisional ballot information referred to in subdivisions (c) and (d) above, indicating whether a provisional ballot is counted or if it is not counted and the reason why it was not counted, shall be displayed on the Secretary of State’s “My Voter Status” page, along with the voter participation history. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Section 14310 Elections Code; 52 U.S.C. Section 21083. 

19094. Provisional Ballot Reason Codes.

  1. For all provisional ballots where the ballot return status is “Not Counted,” an appropriate reason code shall be assigned by the county elections official.
  2. If a provisional ballot has not had a final adjudication, the county elections official shall assign the ballot return status of “Not Counted” and either a temporary rejection reason code of “In review.” or one of the applicable rejection reason codes set forth in subdivision (c) below.  Upon the final adjudication of the ballot, “In review” shall be replaced with either a ballot return status of “Counted” or with a reason code for “Not Counted” as provided in subdivision (c) below.
  3. If a county elections official does not count a provisional ballot, then a ballot return status of “Not Counted” shall be assigned along with one of the rejection reason codes listed below:​​​​​​​
    1. “Voter already voted.”  This reason code shall be used when rejecting a provisional ballot that was submitted by a voter when the voter already has an accepted or counted ballot in California for that election, when the voter has previously:  ​​​​​​​
      1. Voted at a location as provided in Elections Code section 338.5;
      2. Returned a VBM ballot in California that was accepted by a county elections official;
      3. Returned a provisional ballot that has been processed and counted in the same or another county; or
      4. Returned a CVR provisional ballot that has been processed and counted in the same or another county.
    2. “No voter signature.” This reason code shall be used when the voter did not provide a signature on the provisional ballot envelope.
    3. “Non-matching signature.” This reason code shall be used when the voter provided a signature on the provisional ballot envelope that did not compare to the signature on file with the county.
    4. “Ballot missing from envelope.”  This reason code shall be used when the provisional ballot envelope did not contain a ballot.
    5. “Voter not registered.” This reason code shall be used when the voter’s record is missing substantive information, which means the registration does not contain the facts necessary to determine eligibility to vote, including name, place of residence and date of birth.
    6. “Voted in wrong county.” This reason code shall be used when a voter voted in a county where he/she was not registered.
    7. “Voted wrong ballot.” This reason code shall be used when a voter voted a ballot that he/she is not eligible to vote.
    8. “Envelope was incomplete and/or illegible.” This reason code shall be used when the substantive information provided on the provisional ballot envelope was missing or unclear.
    9. “No ID provided.” This reason code shall be used in a federal election when a first-time registrant, who is also a first-time voter did not provide a California driver license or state identification number or the last four (4) digits of their social security number when they registered to vote, pursuant to Section 19075 of this article, and they did not provide the information required by Section 20107 of article 7 of chapter 1 of Division 7 of Title 2 of California Code of Regulations, prior to the final adjudication of the ballot.
    10. (9) “Please contact your county for further information.” This reason code shall be used when the county rejection reason is not “In review” or as provided in (c) (1-98) above. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19095. Conditional Voter Registration Provisional Ballot Processing.

If a voter’s conditional voter registration (CVR) is deemed effective pursuant to Elections Code section 2170, the county elections official shall process the voter’s CVR provisional ballot as provided in Sections 20025 and 20026 of Title 2, Division 7, Chapter 1, Article 3.5 of the California Code of Regulations. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Section 2170, Elections Code; 52 U.S.C. Section 21083. 

19096. Ballot Status.

  1. The county elections official shall send the status of each VBM, provisional, and CVR ballot to the statewide voter registration system in near real time for each voter that has participated in a specific election.
  2. The county elections official shall resolve the “In Review” status of each VBM, provisional, and CVR ballot and send the final adjudication to the statewide voter registration system no later than the 31st day after the election. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19097. Voter Participation History.

  1. The county elections official shall send voter participation history to the statewide voter registration system in near real time starting with the first day of voting for each voter that has participated in a specific election.
  2. Voter participation history shall accurately indicate the method of participation as early, vote-by-mail, polling place, vote center, or CVR. 

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: 52 U.S.C. Section 21083. 

19098. Certification of County Elections Official.

  1. Each county elections official shall certify that the county in which the elections official has jurisdiction over the elections is in compliance with all provisions of this chapter for each Federal election. Each county elections official shall do so by signing a certification form provided by subsection (b) and submitting it to the Secretary of State with the statement of vote required pursuant to California Elections Code section 15375. The certification form shall be provided by the Secretary of State by electronic or regular mail or facsimile transmission to each county elections official along with the statement of vote reporting instructions on or before the third day following a Federal election. Each county elections official shall submit to the Secretary of State an original, fully executed certification form with the copy of the certified statement of results required by California Elections Code section 15375.
  2. The certification form shall be in substantially the following format:

Certification of

County Elections Official

of the Results of the Canvass

of the __________ _______, 20__

__________ Election.

STATE OF CALIFORNIA

COUNTY OF ______________

I, _______________, County Elections Official of said county, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on _______________, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached, is full, true, and correct.

I hereby set my hand and official seal this _____ day of __________, 20__ at the County of ______________.

(County Seal)

_______________ (Signature)

County Elections Official

County of ______________

State of California

Note: Authority cited: Section 12172.5, Government Code; Sections 10 and 2168, Elections Code. Reference: Section 15375, Elections Code; 52 U.S.C. Section 21083