Section 20991 - Standards for Valid and Invalid Vote-By-Mail Ballots(a) A vote-by-mail ballot shall be subject to the standards provided in the approved use procedures for the system on which it is processed and the provisions of the Elections Code. In addition, the following standards shall also apply.(b) A voter's ballot shall be considered a valid ballot, if the:(1) Voter's signature on the returned vote-by-mail identification envelope compares with the signature(s) in the voter's registration record.(2) Damaged, torn or otherwise non-processable ballot can be duplicated to exactly reflect the voter's choices and thereby enable the ballot to be processed on the system provided for that purpose. Standards for duplicating ballots are set forth in Elections Code section 15210 and in the applicable voting system use procedures for the county. In addition, a ballot received from a voter who uses a remote accessible vote-by-mail ballot system shall have their ballot duplicated for processing.(3) Voter prints their name on the signature portion of the vote-by-mail ballot identification envelope, and it compares with a printed signature(s) in the voter's registration record.(4) Voter uses a variation of the signature(s) appearing in the voter's registration record caused by the substitution of initials for the first or middle name, or both, and the signature compares with the affidavit of registration or the signature(s) in the voter's registration record, as identified in Section 20960(g)(2).(5) Voter does not sign the vote-by-mail ballot identification envelope in the appropriate space, but the signature does appear elsewhere on the identification envelope and compares with the signature(s) in the voter's registration record.(6) Voter uses a mark on both the vote-by-mail ballot identification envelope and the affidavit of voter registration, and the mark compares.(7) Vote-by-mail ballot is postmarked or date stamped on or before Election Day by a bona fide private mail delivery service and received by the elections official in accordance with Elections Code section 3020.(8) Vote-by-mail ballot identification envelope has no dated postmark, the postmark is illegible, and there is no date stamp for receipt from a bona fide private mail delivery service, but the voter has dated the vote-by-mail ballot identification envelope or the envelope otherwise indicates that the ballot was executed on or before Election Day and the ballot was received by the elections official in accordance with Elections Code section 3020.(9) Voter, instead of using their official ballot, marks a sample ballot and mails it in the vote-by-mail ballot identification envelope and the signature on the identification envelope compares with the signature(s) in the voter's registration record.(10) Two or more ballots are returned in one vote-by-mail ballot identification envelope, and there are an equal number of distinct signatures on the identification envelope that can be attributed to eligible vote-by-mail voters and each of these signatures compares with the signature(s) in the applicable voter's registration record.(11) The voter returns their vote-by-mail ballot identification envelope of a different voter, but the elections official is able to identify the correct voter and the voter's signature compares with the signature(s) in the voter's registration record.(12) A military or overseas voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia and transmits a voted ballot by facsimile pursuant to Elections Code section 3106.(13) Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died after the date the vote-by-mail ballot was cast Absent convincing evidence otherwise, it shall be presumed that a ballot was validly cast before the voter died.(c) A voter's ballot shall be considered an invalid ballot, if the:(1) Elections official has determined that the signature on the vote-by-mail ballot identification envelope does not compare to the voter's signature in the voter's registration record, and pursuant to California Elections Code section 3019(d), the voter does not cure the ballot by providing the elections official with a signed form within the timeframe provided by Section 3019(d).(2) Vote-by-mail ballot envelope is not signed by the voter and pursuant to California Elections Code section 3019(e), the voter does not cure the ballot by providing the elections official with a signed form within the timeframe provided by Section 3019(e).(3) Vote-by-mail ballot identification envelope is signed using power of attorney.(4) Vote-by-mail ballot is not timely received by the voter's elections official via the United States Postal Service or a bona fide private mail delivery company in accordance with Elections Code section 3020.(5) Vote-by-mail ballot is delivered by USPS or bona fide private mail service to the elections official in accordance with Elections Code section 3020, but the postmark or private mail service date stamp indicates that it was received by the carrier after Election Day.(6) Vote-by-mail ballot is delivered by USPS or bona fide private mail service to the elections official in accordance with Elections Code section 3020 without a legible postmark date or date stamp from the private mail service and the vote-by-mail ballot identification envelope indicates the ballot was executed after Election Day.(7) Vote-by-mail ballot is received by elections official after Election Day by some method other than USPS or bona fide private mail service.(8) Voter, who is not a military or overseas voter, transmits their voted ballot by facsimile.(9) The signature on the form provided by either Elections Code section 3019(d) or (e), when compared to the signature(s) in the voter's registration record, does not appear to be the same.(10) Vote-by-mail ballot identification envelope contains two or more voted vote-by-mail ballots but there are less than an equal number of distinct signatures on the vote-by-mail envelope. In this instance neither ballot shall be counted.(11) Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died prior to the date the vote-by-mail ballot was cast.Cal. Code Regs. Tit. 2, § 20991
1. New section filed 9-28-2020 as an emergency; operative 9-28-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including amendment of NOTE, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-4-2021 as an emergency; operative 11-4-2021 (Register 2021, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-2-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-4-2021 order, including amendments, transmitted to OAL 1-31-2022 and filed 3-15-2022; amendments effective 3-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 11). Note: Authority cited: Section 12172.5, Government Code. Reference: 52 U.S.C. Section 21081(a)(6); Sections 303.3, 3009, 3011, 3017, 3019, 3020, 3106 and 15210, Elections Code; and Section 12172.5, Government Code.
1. New section filed 9-28-2020 as an emergency; operative 9/28/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including amendment of Note, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g)(Register 2021, No. 45).
4. Certificate of Compliance as to 11-4-2021 order, including amendments, transmitted to OAL 1-31-2022 and filed 3-15-2022; amendments effective 3/15/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 11).