Section 20874 - Rights of Elections Officials(a) The elections official, at their discretion, while maintaining the right to observe the elections process and ensuring that observers have the ability to see and view the election process or activity being observed, may determine the distance at which the observer(s) shall observe any election process or activity. In making such determination, the elections official may take into consideration, among other things, the following: (1) the size and area of the polling place;(2) the size and configuration of the building and the elections office;(3) the presence and path of travel of staff;(4) the size and configuration of the location where ballots are being processed and counted;(5) the elections official's staffing levels and the number of observers who are requesting access to observe a particular process;(6) the maintaining of security and limiting observer access to voting equipment to ensure that it cannot be touched or tampered with;(7) the maintaining of privacy and security of the ballot and the voter's confidential information, which does not include the voter's signature or address for the purpose of observing the processing of vote-by-mail identification envelopes;(8) the elections process that is being observed (for example, observers shall have sufficiently close access to view the processing of vote-by-mail ballots);(9) the lighting in the location where the elections activity or process is occurring;(10) the angle at which the observer can view the elections activity or process;(11) the right of a voter to vote safely, securely, and free from intimidation or corruption;(12) the safety and security of elections officials, workers, and the public, which may include any health and safety measures or requirements in place at the time observation is occurring;(13) the use of video displays to magnify voting materials and closed-circuit video displays of election processes or activities;(14) technological limitations of the elections official's office;(15) the maintaining of security and limiting observer access to other county or city departments; and,(16) maintaining accessibility for election observers with disabilities.(b) At the discretion of the elections official, an election observer may be required to wear election official-issued identification that contains the first name of the observer and the term "observer" to ensure that observers are readily identifiable.(c) The elections official may designate a person to whom an election observer can ask questions and present a challenge(s) during the observation process. The designation may either be in writing or verbal, as determined by the elections official.(d) The elections official may designate a person to whom an election observer may present a challenge during the processing of vote-by-mail identification envelopes and vote-by-mail ballots. The designation may either be in writing or verbal, as determined by the elections official.(e) The elections official may require an election observer to remain silent inside the observation area if the talk from or the conduct of an observer is disrupting the elections activity or process being observed, unless the observer is posing a question to the person designated by the elections official to respond to questions or any other inquiries.(f) If an election observer is not following the observation rules provided for and developed pursuant to this Chapter, the elections official or their designee shall give a verbal or written warning to that observer that they shall comply with the observation rules. The warning shall include an explanation of what observation rules are not being complied with. However, if an election observer continues to not comply with the observation rules, the elections official or their designee may require an election observer to leave the observation area, the premises, or both. In addition, if the situation warrants, the elections official or their designee may require an election observer to leave the observation area, the premises, or both immediately.(g) Subject to the provisions of Elections Code section 15004, the elections official may limit the number of election observers permitted in an observation area in order to prevent interference with the conduct of voting and elections processes.(h) Subject to the provisions of Elections Code section 15004, in the event there are more observers than can be accommodated at a particular site, the elections official may limit the number of observers. If necessary to provide an equal opportunity for those present to observe the elections process or activity, the elections official shall provide for a rotation of observers or provide a random lottery-type drawing.(i) In accordance with Section 20876(b), to ensure the safety and security of election workers and to prevent interference with the conduct of the elections process, the elections official may restrict the size and type of items the election observer can bring into the location where observation is taking place.(j) The elections official may develop and provide additional written rules and procedures, but those additional written rules and procedures shall be consistent with the intent of this Chapter and the provisions of the California Elections Code.Cal. Code Regs. Tit. 2, § 20874
Note: Authority cited: Section 12172.5, Government Code; and Section 10, Elections Code. Reference: Sections 10 and 15004, Elections Code.
1. New section filed 2-27-2024; operative 2/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 9).