Section 20876 - Duties of Election Officials(a) The elections official shall make available written observation rules and procedures for the election process being observed to the election observers or post the written observation rules and any written procedures for the election process being observed conspicuously at any location where observation is taking place. If the elections official has their own website, the elections official shall make the written observation rules and procedures for the elections processes being observed available on that elections website.(b) The elections official shall, consistent with the intent of this Chapter and the provisions of the Elections Code, establish written security rules for observation. These security rules may include, but shall not be limited to, the use of sign-in sheets and identification to be worn by observers and prohibiting or limiting the use of cell phones, pagers, cameras, and other audio or video equipment or electronic devices, if the use of such item(s) is interfering with or will interfere with the conduct of the elections process, the privacy of voters, or if the use of those items compromises the security of the location where observation is taking place. However, any limitation on the use of an electronic device shall be subject to the provisions of Elections Code section 2302.(c) The elections official shall maintain the integrity of the election process and shall, while considering the content of this Chapter, have the discretion to determine what constitutes election observer misconduct or interference. Examples of election observer misconduct or interference may include, but are not limited to, unauthorized touching of voting equipment or elections officials, obstructing ballot transportation and handling, threatening elections officials, election workers, and voters, and attempting to view confidential voter registration information.(d) The elections official shall provide notice(s) to the public which shall contain the specific date(s), time(s) and place(s) of the election process or activity that may be observed by the public. If there is a change of schedule for an elections process or activity that has been noticed to the public, the elections official shall provide updated information to the public regarding the schedule changes as soon as the changes are made. The notices shall be conspicuously posted on the elections official's website if the elections official has their own website, and at the location where the elections activity or process is taking place. The elections official may also provide notice to voters via email. The following notice(s) are required, as applicable:(1) one percent manual tally (Elections Code section 15360),(2) logic and accuracy testing (Elections Code section 15000),(3) early ballot retrieval (Elections Code section 14422; Section 20142), and(4) vote-by-mail processing and counting (Elections Code section 15104, subdivision (c)).(e) If the elections official requires an election observer to wear identification while observing a particular elections process or activity, a designated area for the election observers to check in and receive identification shall be provided.(f) An elections official need not delay or interrupt scheduled operations and processes solely because an election observer is, will be, or is not yet present, and shall not halt scheduled operations because an election observer is or is not present.(g) Except as provided in Elections Code section 2194(c)(2), when vote-by-mail ballot identification envelopes and vote-by-mail ballots are being processed, the elections official shall use reasonable measures to ensure that the voter registration information that is deemed confidential under Elections Code section 2194 is not visible to election observers.(h) In the event an elections official provides a live video feed for a remote observation for the observation of an elections activity or process in response to a threat or emergency that impairs in-person observation of election activities and processes, the elections official shall provide a mechanism for an election observer to ask questions about the activity or process being conducted or make a challenge to that activity or process.(i) Unless necessary to ensure the safety and security of election workers and observers, when determining the locations of where observers may observe from pursuant to Section 20874(a), the elections official shall not intentionally configure those locations in a manner that would impede or obstruct the ability of observers to observe the elections process or activity.(j) As observers have the right to ask questions about elections processes and receive answers pursuant to Elections Code section 2300, the elections officials shall provide answers to questions posed as soon as is reasonably practicable.(k) The elections official shall abide by any local, state, or federal health and safety directives in place during the time of the conducting of the election.Cal. Code Regs. Tit. 2, § 20876
Note: Authority cited: Section 12172.5, Government Code; and Section 10, Elections Code. Reference: Sections 336.5, 3203, 14422, 15104, 15105, 15360 and 15367, 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).