Current through the 2024 Legislative Session.
Section 12172.5 - Chief elections officer of state; determining if election laws violated(a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall see that elections are efficiently conducted and that state election laws are enforced. The Secretary of State may require elections officers to make reports concerning elections in their jurisdictions, which may include information about the identity of, and contact information for, the elections official who is responsible for conducting elections in the jurisdiction.(b) If, at any time, the Secretary of State concludes that state election laws are not being enforced, the Secretary of State shall call the violation to the attention of the district attorney of the county or to the Attorney General. In these instances, the Secretary of State may assist the county elections officer in discharging the officer's duties.(c) In order to determine whether an elections law violation has occurred, the Secretary of State may examine voted, unvoted, spoiled, and canceled ballots, vote-counting computer programs, vote by mail ballot envelopes and applications, and supplies referred to in Section 14432 of the Elections Code. The Secretary of State may also examine any other records of elections officials as the Secretary of State finds necessary in making a determination under this subdivision, subject to the restrictions set forth in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1.(d) The Secretary of State may adopt regulations to ensure the uniform application and administration of state election laws.Amended by Stats 2021 ch 615 (AB 474),s 169, eff. 1/1/2022, op. 1/1/2023.Amended by Stats 2019 ch 106 (AB 1044),s 2, eff. 1/1/2020.Amended by Stats 2012 ch 162 (SB 1171),s 61, eff. 1/1/2013.Amended by Stats 2011 ch 118 (AB 1412),s 3, eff. 1/1/2012.Amended by Stats 2006 ch 588 (AB 3059),s 7, eff. 1/1/2007.