Section 20878 - Conduct of Election Observers(a) In order to minimize distraction or disruption an elections observer shall not: (1) Interfere with the: (A) retrieval of vote-by-mail ballots from vote-by-mail drop boxes and vote-by-mail dropoff locations, processing of vote-by-mail ballot identification envelopes, or the processing and counting of vote-by-mail ballots.(B) conduct of the election in general or disrupt any other elections activity or process.(2) Touch or handle any ballots.(3) Physically handle any voting equipment or voting materials.(4) Move or rearrange tables, chairs, or voting booths at the polling place or central counting site without the express permission of the elections official.(5) Sit at the elections official worktables or view confidential voter information on any computer terminal or document, except as provided in Elections Code section 2194(c)(2).(6) Engage in any electioneering activities.(7) Display any political party or campaign material or wear political party or campaign badges, buttons, or apparel.(8) Solicit a vote, speak to a voter on the subject of marking the voter's ballot while electioneering, or communicate with voters regarding their qualification to vote within 100 feet of the locations identified in Elections Code section 319.5. However, an election observer may conduct exit polling of voters, provided it is conducted at least 25 feet away from the locations identified in Elections Code section 319.5. This provision shall not apply to a voter who has asked for assistance casting their ballot.(9) Wear the uniform of a peace officer, a private guard, or security personnel.(10) Stop or attempt to stop poll workers or the central counting site workers while they are processing voted ballots. However, the election observer shall retain the right to make a challenge, and the elections official shall determine whether the processing of the ballots shall be stopped.(11) Use the elections officials' phones, computers, or any other polling place equipment at polling places or the central counting site.(12) Eat or drink in a polling place or the central counting site without the express permission of the elections official.(13) Assist in operations at any polling place or the central counting site without the express permission of the elections official.(14) Intentionally prevent other elections observers from observing election materials or an elections process or activity.(15) Enter secure areas without the express permission of the elections official.(16) Enter any area other than an identified observation area without the express permission of the elections official.(b) An election observer shall refrain from touching an elections official.Cal. Code Regs. Tit. 2, § 20878
Note: Authority cited: Section 12172.5, Government Code; and Section 10, Elections Code. Reference: Sections 319.5, 338.5, 3018, 2194, 15104 and 18370, 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).