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PART I:
Introduction
Since 2018, The Department of Voter Registration and Elections (VRE) has conducted elections
under the Voter’s Choice Act (VCA) using the Vote Center Model. All ballots cast are counted
centrally at the Elections Office at 7000 65th St, Ste A, Sacramento, California, 95823.
The conduct of elections is a transparent process. The public, including election observers, are
welcome to come to our office, observe our processes, and tour our facility. Observing helps
facilitate understanding of how the complex election process in California works. It also helps
strengthen voter confidence that elections results are secure, accurate and transparent.
The following Calendar of Observable Processes may include some of the election related
processes you are interested in observing.
Calendar of Observable Processes*Start Date**
| Election Process |
Varies
| Petition Processing
|
Year round
| Voter Registration Activities
|
Begins E-46
| Election Officer training†
|
Begins E-40
| Logic and Accuracy testing of voting equipment
|
Begins E-36
| Logic and Accuracy testing of tabulation equipment
|
Begins E-29
| Sorting of returned Vote by Mail ballot envelopes
|
Begins E-29
| Signature comparison of ballot return envelopes
|
Begins E-15
| Process of Vote by Mail ballots
|
E-Day
| Election Day Activities
|
Begins E+1
| Precinct selection for the 1% Manual Tally
|
Begins E+2
| The Official Canvass
|
*This is not to be construed as an exhaustive list of observable processes.
**Start Dates are tentative and reflect typical start times but are subject to change. Many activities
are dependent on voter behavior (i.e., when a voter returns their mail ballot). Dates are noted in EDate format. A “-” denotes number of days before Election Day, a “+” denotes number of days after
Election Day (i.e., E-40 is 40 days prior to Election Day).
†
Signed confidentiality agreement is required to observe training.
PART II:
General Observer Guidelines
These guidelines contain acceptable and unacceptable election observer behavior and actions, and
citation of relevant Election Codes, Regulations and Laws. Observers that wish to view processes at
the VRE office in Sacramento will be required to acknowledge receiving and adhering to these
guidelines while onsite.
Observers agree they will not:
• record or transmit voter data or ballot information in any form
• use force, violence, or tactic of coercion or intimidation to induce or compel any other
person to vote or refrain from voting at any election, etc. It is a felony punishable by
imprisonment in state prison for up to three years (EC § 18540)
• interfere with the officers holding or conducting the election and canvass, or with a voter
casting a ballot; it is a felony punishable by imprisonment in state prison for up to three years
(EC § 18502, PC § 1170(h))
• Operations and processes will continue whether or not an observer is present.
• The number of observers may be limited so as not to interfere with processes.
• Physical contact with employees is prohibited.
• Groups of observers should identify 1 member of their group to facilitate communication
with the lead election official.
• Reasonable silence is required while inside the observation area.
• Backpacks, briefcases, and large purses are not allowed.
• Cell phones, tablets, or any electronic devices must be set to vibrate or off.
• No audio recorders, radios, or cameras are permitted without prior approval from VRE
administrative staff.
• Food or beverages are not allowed in the observation areas except 1 water bottle with a
closed, spill proof lid.
• The elections official may limit the total number of representatives in attendance to no more
than 10 by a manner in which each interested bona fide association of citizens or media
organization has an equal opportunity to participate. (EC §15004)
Who Can Observe?
Any member of the County Grand Jury, and at least one member each of the Republican County
Central Committee, the Democratic County Central Committee, any other party with a candidate
on the ballot, and any other interested organization shall be permitted to observe and challenge
the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot
return envelopes through the counting and disposition of the ballots (EC § 15104(b). Any member
of the public is also welcome to observe.
What Can Be Observed?
Observers may view the processing of VBM ballot return envelopes, and the processing and
counting of VBM ballots before and after the election. (EC § 15104(a))
What Are Observers Responsible For?
• Signing in and out at the front counter
• Wearing a visible observer’s badge at all times
• Returning the observer’s badge when leaving the secure area and/or at the end of the
observer’s visit for the day
• Maintaining a professional and respectful manner while observing
• Following all established Voter Registration and Elections (VRE) observer rules/policies
• Remaining in the area escorted to (if you are found unsupervised in an area that you were
not escorted to, you will be escorted from the building)
What May Observers Do While Observing?
• View processing of ballots including sorting, signature comparison, ballot collection and
ballot return operations, ballot extraction, ballot processing, ballot duplication, ballot
scanning, and adjudication
• Observe audits and other canvass activities
• Observe from a designated area that does not interrupt or impede voting, election and
canvassing processes
• Stand sufficiently close to the observed process to reasonably determine whether a
challenge of the process is warranted (please be respectful of staff’s personal space)
• Take notes (VRE reserves the right to review notes prior to observer leaving the premises to
ensure voter privacy is maintained)
• Challenge whether staff are following established laws and procedures
• Request lead election official escort to another observation area
• Submit written questions or comments to the election supervisor (feedback form is available
upon request)
What May Observers NOT Do While Observing?
• Interfere with or impede the election processes
• Make or receive phone calls in the observation area
• Communicate with VRE staff who are presently engaged in a process
• Display any election material or wear campaign badges, buttons, or apparel
• Challenge a voter’s eligibility (A challenge to a voter’s eligibility may only be made by a
member of the precinct board. EC §§ 14240(b), 15105, 15109)
• Prevent other observers from observing material or processes
What Can Be Challenged By An Observer?
• Whether members of the precinct board handling VBM ballots are following established
laws and procedures, including, but not limited to:
o Verifying signatures by comparing them to voter registration information
o Duplicating accurately any damaged or defective ballots
o Securing VBM ballots to prevent any tampering with them before they are counted on
Election Day
How To Submit a Challenge?
When challenging a VBM procedure, and because the voter(s) are not present, the challenger shall
have the burden of establishing extraordinary proof of the validity of the challenge at the time the
challenge is made. (CCR § 20879; EC §§ 15105, 15106)
Challenges shall be written and submitted to a staff member on a Request for Review form available
upon request at the Elections Office This must be done prior to the opening of the identification
envelope (EC § 15104(d)). A challenge may also be made in substantially the same format which
shall include date of challenge, name of requestor and organization information, email, phone
number, equipment in use (with details) if applicable, photos if available (taking pictures, video, or
use of phones/cameras for the purpose of challenging is not permitted at any time. Additionally,
taking photos of voted ballots, voter file, including signature, or photos of voters at the election
office or at Vote Centers is illegal). A notification will be sent to the challenger when a determination
to the challenge has been made.
The elections official shall have the discretion to halt challenges from a person or group if those
challenges are disrupting the processing of the vote-by-mail identification envelopes. However, that
person or group shall have the right to submit written challenges for the elections official to review
at a later time. The elections official shall document and resolve these challenges as provided in
CCR § 20879(h).
Challenge Processes- Any member of the county grand jury, and at least one member each of the political party Central Committees or County Councils who have a candidate on the ballot, and any other interested organizations, shall be permitted to observe and challenge the manner in which the VBM ballots are handled, from the processing of VBM ballot return envelopes through the counting and disposition of the ballots. (EC §15104(b))
- You may not challenge signatures on VBM ballot return envelopes. Only staff shall perform signature comparison, in accordance with Division 3 of the California Elections Code.
- You may challenge whether the individuals handling VBM ballots are following established procedures.
For additional information regarding Challenge processes, visit our dedicated resource.
Observable Election Activities
Before Election Day
• Logic & Accuracy (L&A) testing of voting system and tabulation equipment
• Vote by Mail Operations: ballot sorting, signature comparison, ballot processing
• Ballot Drop Box Returns
• Ballot scanning and adjudication
Election Day
• Vote by Mail Operations (some operations may not be running Election-Day)
• Ballot Drop Box Returns
• Ballot scanning and adjudication
• Election Reporting beginning at 8:15 pm
Post-Election Day
• Processing of Conditional Voter Registration and/or provisional ballots received by VRE
• Processing of Vote by Mail ballots received on or after Election Day
• Ballot duplication, scanning and adjudication
Members of the Media
Reporters, camera crews, and other members of the media are allowed at VRE as long as they
respect voter privacy and do not interfere with or disrupt the election process. The media is not
permitted to take close-up pictures or video footage of ballots.
PART III:
Pre-Election Day: Getting Started
General Voting Equipment Preparation and Testing
• Every piece of voting equipment goes through a service and maintenance procedure
before every election.
• The equipment is tested to ensure it powers up, the screen is visible, and that the system is
configured correctly.
• Ballot stock paper is installed in the printers used, and an unscannable test ballot is printed.
• The voting system software is reinstalled before each election with the trusted build
provided by the Secretary of State’s office.
Logic & Accuracy Testing (L&A)
• L&A testing is conducted on the voting system and the voting equipment that will be used
in the election.
• L&A is designed to ensure that the hardware and software to be used in an election are
working together properly both as individual units and as a combined system.
• Accuracy is tested by casting and tabulating test ballots for which the results are known. We
compare the known results to the test results, then resolve the cause of any discrepancies (if
any), and re-test.
• Test ballots are selected and marked according to a pre-defined pattern developed to
encompass every contest and testing ensures that the vote tabulation program and
hardware correctly interpret, summarize, and report voters’ choices.
• Prior to testing, written notice of the test schedule is e-mailed to the media, inviting the
public to attend the testing. This information is also posted on VRE’s website.
• After test voting is complete, the test results are verified by comparing them to the expected
results. Once testing is completed and verified, test results are cleared and a ‘zero report’ is
posted on VRE’s website. Only election equipment that performed with no discrepancies
during the testing will be used in the election.
How Are VBM Ballots Processed?
Envelope Verification
• Beginning 29-days prior to the election, we may begin processing the returned VBM
envelopes.
• We verify the voter’s signature on the outside of the envelope and update the voter’s history
file in our database to record that the voter has returned a VBM ballot in the current election.
• We verify the signature by comparing it to the one on the voter’s affidavit of registration.
Only the elections staff may perform this comparison. (EC § 3019; see also CCR, Title 2, Div.
7, Chapter 8.3)
Removing the Ballots
• Beginning 29-days before Election Day, ballots may be removed from the signature-verified
envelopes and prepared to be machine-read; however, we may not access or release a vote
count until the polls have closed on election night.
• Ballots are separated from the bar-coded envelopes, so the voter is no longer identifiable.
• Staff manually reviews ballots for initials, signatures, and damage that cannot be scanned.
• Damaged ballots are duplicated by a team of VRE employees.
• Ballots are placed in trays for scanning (EC § 15101)
Scanning Ballots
• Ballots are brought into the secure ballot scanning room to be processed.
• The ballots are placed into batches and scanned into the system.
• If the batch is scanned successfully, the operator saves the batch and attaches a batch report.
• If the batch is not scanned successfully, the batch is not saved, and the batch is re- scanned.
• If a batch has a rejected ballot, that ballot is removed from the batch and the batch is rescanned. The rejected ballot is placed in the duplication bin.
• The scanned batches remain in a secure location throughout the entire election and canvass
period.
• At the end of the canvass period, the batches are secured in sealed packaging and stored
for the period prescribed by law.
Adjudication of Ballots
• Adjudication is the process of determining voter intent when the vote is categorized as an
under-vote, over-vote, write-in, or a damaged vote target area.
• During adjudication we review the ballot image and resolve the ballot until it can be
accepted and recorded. Staff follows the Uniform Vote Counting Standards contained in the
California Code of Regulations.
• When resolutions are complete, records are saved to be accumulated into the tabulation of
other vote results after 8:00 p.m. on Election Day.
Tallying VBM Ballots
Only after all VBM ballots have been verified, resolved, and recorded, may they be counted and
canvassed (EC § 15109)
PART IV:
Post-Election Day
Observation
All proceedings at the central counting place shall be open to the view of the public but no person,
exceptoneemployed and designatedforthe purposeby the elections official or his or her authorized
deputy, shall touch any ballot container. Access to the area where electronic data processing
equipment is being operated may be restricted to those persons authorized by the electionsofficial
(EC § 15204).
For the manual tally of paper ballots, the ballot being read, and the tally sheet shall be within the
clear view of the observers.
Work Area Requirements
• Enter the ballot canvass work area ONLY during canvass operations and remain in the areas
designated for public viewing.
• No phone calls may be sent or received, and no conversations are allowed in the ballot
canvass work area.
• Election Observers may get close enough to observe the information on the workstation
and the reports pertaining to the workstation. All questions about content or procedures
must be submitted in writing.
• Election Observers may take notes during the process but may not record any voter’s
personal identifying or contact information. VRE reserves the right to read an observer’s
notes prior to them exiting the building.
Phases
The canvass proceeds in phases, all of which are open to the public (EC § 15302)
• Semifinal Official Results
• One Percent Manual Tally
• Sealing and Disposition of Ballots
• Certification, Statement of the Votes Cast, and Certificates of Election
Semifinal Official Results
On Election Night, VBM ballots and Vote Center ballots cast prior to Election Day are tallied for the
first results report that is released by 8:15 p.m. Ballots voted in-person at Vote Centers on Election
Day are tallied and reported in subsequent Election Night updates. All result reports are submitted
to the Secretary of State and published on our website.
VBM ballots received on and after Election Day are included in regularly scheduled updates up
through the final certification of the election. Results are unofficial until the final canvass
certification (EC §§ 353.5, 15150-15213, 15320).
Official Canvass
The Official Canvass is an audit and accounting for all ballots that were issued, voted, and those that
were not used. This phase includes, but is not limited to, the following tasks:
• Reconciling the number of ballots counted, spoiled, canceled, or invalidated due to
identifying marks, over-votes, or as otherwise provided by statute, with the number of votes
recorded, including VBM and provisional ballots, by the vote counting system.
• Processing and counting any valid VBM and provisional ballots not included in the semifinal
official canvass.
• Count any valid write-in votes.
• Duplicating any damaged ballots, if necessary
• Reporting final results to the governing board and the Secretary of State, as required
(EC § 15302)
Conditional Voter Registration/Provisional Ballots
Conditional Voter Registration (CVR) extends the existing 15-day registration deadline in California
to eligible voters, allowing them to register and vote provisionally 14-days prior to an election through
Election Day.
Voters that are not registered must be processed using a CVR.
Conditional Voter Registration Procedures are implemented for voters who are not registered until
after the close of registration, fourteen days prior to Election Day (EC §14310-14312; CCR Title 2,
Div. 7, Chapter 1, Article 3.5, Sec. 20020) as follows:
• Voter completes the form and affirms with signature they are eligible to vote.
• Voted ballot is sealed in the provisional ballot envelope form and returned to the election
official.
• Registration information is reviewed and verified against the Statewide Database during the
voting and canvass period by the following criteria:
o Valid signature
o Current county voter registration
o Prior county voter registration; (4) current
o Current registration address versus new address
o Whether a VBM, provisional or precinct ballot was returned
o Precinct where the ballot was cast.
• Voter will get full or partial vote credit depending on the contests voter is eligible to vote.
Full ballots are processed for scanning, partial ballots are duplicated for scanning.
One Percent Manual Tally
During the Official Canvass of every election in which a voting system is used, the official conducting
the election shall conduct a public manual tally of the ballots tabulated by those devices, including
VBM ballots (EC § 15360).
• The elections official shall randomly choose the precincts for the public manual tally as
prescribed by law.
• At least five-day public notice shall be given of the time and place of the manual tally and of
the time and place of the selection of the precincts.
• A report on the results of the one percent manual tally shall be included in the certification
of the official canvass of the vote. The report shall identify any discrepancies and how each
of these discrepancies was resolved.
