California Frequently Asked Questions

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1 Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision-making. Note: This FAQ is not exhaustive. Situations or inquiries may arise that are not answered below. In those circumstances, contact your hotline captain or command center for assistance. Please make sure to record all of the voter s contact information should follow-up be necessary. 1. Am I registered to vote? 2. Where do I vote? 3. When do the polls open/close? 4. When is/was the voter registration deadline? 5. Is there same day voter registration? 6. I recently went to the DMV, was I registered? 7. I got my license or state ID through the DMV at 16 or 17, do I have to go register to vote? 8. Can I vote without providing identification? 9. I have moved and I didn t update my voter registration, can I vote? 10. What should I do if there are equipment problems at my precinct? 11. I am a registered voter who is not on the rolls where I currently am. Can I vote where I am? 12. My name isn t popping up on the list of registered voters could it have been removed? 13. I have a criminal history, can I vote? 14. I am in prison, am I able to vote? 15. I have been offered a provisional ballot. What should I do? 16. I am a college student. Can I register to vote where I go to school? 17. I am physically disabled and need assistance. Will my polling place be accessible? 1. Am I registered to vote? DB2/ California 2018 TABLE OF CONTENTS 18. I require assistance in order to vote. Can I get assistance at the polls? From whom? 19. Are there election materials and ballots available in languages other than English? 20. I don t know how to use the voting equipment. Can I get help? 21. Can I bring my children into the voting booth with me? 22. Can I vote absentee or vote in person before election day? 23. What if I requested a vote-by-mail ballot but I want to vote in person on election day? 24. My precinct used to be a mail ballot precinct, but I just got notice that now I have to go to a polling place or apply to vote-bymail. Is this correct or a hoax? Can they change a polling place precinct to a mail ballot precinct? 25. What rules apply to people campaigning or hanging around my polling place? Can people approach me? 26. Someone is formally challenging my right to vote. What do I do? 27. Can someone else return or collect my voteby-mail ballot? 28. Can I take a picture with my ballot? A voter can determine whether they are registered to vote by first checking the California Secretary of State website at (7/15/2016) 1 Frequently Asked Questions

2 2. Where do I vote? The address of a voter s polling place is generally found on the back of the sample ballot booklet distributed by their County Election Official. If a sample ballot is not available, a voter can determine their proper polling place by checking the California Elections Division s website ( 2

3 3. When do the polls open and close? The polls must be open from 7:00 a.m. to 8:00 p.m. on election day.1a voter waiting in line by 8:00 p.m. must be allowed to vote.2 4. When is/was the voter registration deadline?3 The voter registration deadline is 15 days before an election (October 22 for the 2018 general election). Voter registration applications submitted by mail will be processed if they are postmarked on or before the 15 th day before Election Day. 5. Is there same day voter registration?4 Californians can register to vote after the voter registration deadline, October 22. Individuals who are eligible to vote but miss a voter registration deadline still have the option to participate in the election. Under California Election Law, Conditional Voter Registration (CVR) allows a prospective voter to conditionally register and cast a provisional ballot. Conditional Voter Registration is only available at the Registrar-Recorder/County Clerk Headquarters and at designated satellite locations (i.e. weekend early voting locations) in the voter s county. Conditional Voter Registration must be completed in person. Conditional Voter Registration is not available at most polling places on Election Day or online.5 Conditional Voter Registration locations should be available at Californians who live in counties with vote centers rather than polling places are able to register to vote during this period at any vote center. In 2018, these counties are San Mateo, Sacramento, Madera, Nevada, and Napa counties.6 How it works: If a prospective voter misses a registration deadline, they have the option to vote by visiting the Registrar-Recorder/County Clerk Headquarters or a designated satellite office and completing a Conditional Voter Registration application. After completing the Conditional Voter Registration application, the voter will be issued a provisional ballot. As soon as the Conditional Voter Registration application is verified, the provisional ballot will be counted and the registration will become active. The voter may then vote in any future election in which they are eligible to participate. 6. I recently went to the DMV, was I registered? Under the California Motor Voter Program, eligible Californians who are completing a driver s license, identification card, or change of address transaction online, by mail, or in person at the DMV will be automatically registered to vote, unless they opt out. DMV customers applying for 3

4 a driver s license or ID online can begin to fill out their voter registration form, but must complete the form in person via a visit to the DMV field office I got my license or state ID through the DMV at 16 or 17, do I have to go register to vote? Eligible 16 and 17-year-olds will be preregistered to vote when they successfully complete eligible transactions with the DMV, unless they opt out. 16 and 17-year-olds who preregister willautomatically be registered to vote and able to vote in an election on or after their 18 th birthday. A card will be sent in the mail confirming the registration Can I vote without providing identification? California voters are NOT required to show identification at polling places except in one limited circumstance: Voters must bring identification only if this is the first time they are voting in a federal election in that specific county and they registered by mail or online but did not provide a driver s license number, state identification number, or the last four digits of their social security number when they registered.9 Those voters will have a note by their names on the voter rolls that indicates ID is required to vote. If a voter does not have proof of ID with them at the time, the voter can vote by provisional ballot In these narrow circumstances, acceptable proof of ID includes:10 Driver s license or identification card of any state; Passport; Employee identification card; Identification card provided by commercial establishment; Credit or debit card; Military identification card; Student identification card; Health club identification card; Insurance plan identification card; or Public housing identification card. Voters can also submit documents that include their name and address, dated since the date of the last general election.these include:11 Utility bills; Bank statements; Government checks and paychecks; or Documents issued by a governmental agency (e.g., an issued sample ballot, a voter notification card, public housing identification card, student identification, tuition statement or bill, insurance plan or drug discount card, discharge certificates, pardons, and other documents relating to the resolution of a criminal case, indictment, sentence or other matter) 4

5 The voter s sample ballot. 9. I have moved and I didn t update my voter registration. Can I vote? The answer to this question depends on when the voter moved (before or after the close of registration 15 days before the election) and where the voter moved. Please refer to the table. Moved within 14 days of Election Day Moved more than 14 days before Election Day Moved within the same county A voter may vote at their OLD polling place by regular ballot.12 OR A voter may vote at their NEW polling place. The voter will need to file a change-of-address affidavit at the polling place and vote by provisional ballot.13 A voter must vote at their NEW polling place. The voter will need to file a change-of-address notice at the polling place and vote by provisional ballot.16 Moved to a different county A voter may vote by regular ballot at the voter s OLD polling place.14 OR The voter may re-register in their NEW county using conditional voter registration.15 If the voter did not reregister to vote in the voter s new county, the voter may only vote by re-registering using conditional voter registration What should I do if there are equipment problems at my precinct? Voters should immediately notify the election officers if the voting equipment breaks down while the polls are open. If the problem cannot be fixed in a timely manner, a voter should ask if an emergency paper ballot is available. Voters should be permitted to vote by a paper ballot (in counties with voting machines) or by a provisional ballot if necessary. The provisional ballots will be counted as regular ballots in this case I am a registered voter who is not on the rolls at my precinct. Can I vote where I am? Yes. Voters whose names do not appear on the rolls at their precinct have the right to cast a provisional ballot. A provisional ballot will not be rejected simply because a voter submitted it in the wrong precinct.19 Volunteers should first help the voter verify they are in the correct precinct or polling location. If the voter is at the wrong location, volunteers should encourage the voter to go to the correct precinct so that they may vote by regular ballot. However, if the voter does not wish to travel to the correct precinct or polling location, the voter should vote by provisional ballot. 5

6 12. My name isn t coming up on the list of registered voters could it have been removed? A voter s name may be removed from the voting list by:20 The voter s signed, written request; The voter s legally established mental incompetency; Proof the voter is currently imprisoned or on parole for conviction of a felony; A judgment directing the removal; Death; Return of a pre-election confirmation postcard that indicates the voter is no longer a resident; Notification the voter is registered to vote in another county or state; or Proof that the person is otherwise ineligible to vote. Any voter whose name was removed from the voter registration list on the basis of a determination of ineligibility who subsequently becomes eligible to vote must re-register to have their name restored to the state wide voter registration system. 13. I have a criminal history, can I vote? It depends. A misdemeanor conviction never affects your right to vote, and you need not reregister after completing your sentence for a misdemeanor. For individuals who are currently incarcerated, see below. If you have been released from state or federal prison after completing a felony sentence (including parole), you are eligible to vote, but you must re-register (or, if the registration deadline has passed, register and vote using conditional voter registration). In addition, those on probation, on mandatory supervision, on post-release community supervision, on federal supervised release, or a person with a juvenile wardship adjudication are eligible register and vote as well I am incarcerated, am I able to vote? In California, individuals who are currently imprisoned in state or federal prison or on parole for conviction of a felony may not vote. Likewise, individuals who are in a county jail awaiting transfer to a state or federal prison for a felony conviction, or who are currently serving a state prison felony sentence in a county jail may not vote. Individuals in county jail for a parole violation are likewise ineligible. However, many individuals in county jails are eligible to vote. A person incarcerated in county jail may vote if he or she is: Serving a misdemeanor sentence In jail as a condition of probation (misdemeanor or felony) Serving a felony jail sentence Awaiting trial Inmates may request a voter registration card and a vote-by-mail ballot. Once the inmate is released from custody, he or she should re-register. If the inmate requested a vote-by-mail ballot while incarcerated and is released before receiving it, they can request a provisional ballot at any polling place. 6

7 Once parole and other post-sentence disposition is complete, those with felony convictions become eligible to vote again.22 If they do not reregister before the deadline, they may register and vote using conditional voter registration. 15. I have been offered a provisional ballot. What should I do? Inquire why the voter was offered a provisional ballot and whether it was for one of the following reasons: The voter s name is not on the voter rolls;23 The voter is conditionally registered;24 The voter moved within a county but did not update their voter registration information to reflect the move and the voter wants to cast a ballot in the polling place for their new address;25 The voter requested a vote-by-mail (VBM) ballot but does not have it with them;26 or The voter is voting during extended polling place hours per a court order.27 Other than for these reasons, the voter should be able to cast a regular ballot. A provisional ballot should be a last resort.. However, if the voter needs to cast a provisional ballot, they should be assured that the county reviews every provisional ballot, and, in most counties, the majority of provisional ballots are counted. Provisional ballots will be reviewed by the Election Official who will verify the voter s eligibility by comparing their signature on the provisional ballot envelope with the signature on their voter registration form. If the signatures match, the ballot will be counted. The voter should receive a stub from the ballot to allow them to verify that the vote was counted I am a college student. Can I vote where I go to school? Yes. A student living away from home may register at their school residence address (either on or off campus) or at their permanent home address, but only at one of those places.29 If a student chooses not to register at his or her school domicile, but is registered elsewhere in California, the student is entitled to vote by provisional ballot at his or her nearest polling place (as no provisional ballot may rejected simply because it is cast in the wrong precinct). However, only those races and ballot initiatives that are shared by the student s home ballot and the student s school ballot will be counted. 17. I need assistance in order to access the polling place. Will my polling place be accessible? If not, what do I do? Generally yes, and if not, an alternative process of curbside voting must be made available. There must be a clear path of travel for persons with disabilities to access their polling place and every polling place must have one accessible voting system.30 Any voters who, for any reason, require or want assistance to vote may have the right to receive assistance from no more than two persons selected by the voter, other than the voter s employer, an agent of the voter s employer, or an officer or agent of the union of which the voter is a 7

8 member. All voters who require assistance must take an oath and state the reason why they require assistance.31 If a polling place is not accessible, a poll worker must bring a regular or vote-by-mail ballot to a person with a disability outside to a place that is accessible and as near as possible to the polling place (curbside voting). A precinct board member will take a regular ballot to the physically disabled person, qualify that person to vote, and return the voted ballot to the polling place. If it is impractical to cast a regular ballot outside the polling place, voters who require assistance should be provided with vote-by-mail ballots in the same manner as regular ballots may be voted by that person outside the polling place I need assistance in order to complete my ballot. Can I get assistance at the polls? From whom? Yes, any voter who requires assistance to vote as a result of blindness, physical disability, or inability to read or write English can receive assistance from a person of the voter s choice, other than the voter s employer or agent of that employer, officer, or agent of the voter s union.33 If voters are unable to mark their ballot, they have the right to receive assistance from no more than two persons selected by the voter, except for the voter s employer, agent of the voter s employer, or an officer or agent of union of which the voter is a member. Voters requiring an assistance must take an oath.34 Language assistance must also be provided under federal and state laws for certain counties and precincts which have a sizable population of eligible voters who have limited proficiency in English Are there election materials and ballots available in languages other than English? Yes. The languages available to voters varies depending on the county that the voter lives in. If 3% or more of the residents of voting age need ballot materials because of a lack of English skills, the county will provide copies of voting materials printed in Spanish or other applicable languages in affected polling places. 36 Voter can visit to find a list of which languages each county provides translated material for at each polling place. (column 2). This list also specifies other languages that translated material will be provided in at select locations determined to have high need (column 3). 20. I don t know how to use the voting equipment. Can I get help? Yes. The precinct board should instruct voters on usage of the machines before they enter the booth, and are required to ask any related questions.37 8

9 21. Can I bring my children into the voter booths with me? Yes, if your children are under the age of 18, then you are allowed to bring them into the voting booth with you Can I vote absentee or vote in person before election day? Absentee voting allows registered voters to vote by mail or in-person before on election day. There are three types of voting before election day in California: 1) Vote-by-Mail: Any registered California voter can request a vote-by-mail ballot; no special circumstances are necessary.39voters (or their near relative or legal guardian) can obtain an absentee ballot application through their county level election offices via the California Election Division s website ( at an Elections Division office, or at county board of election offices. Ballots must be postmarked by close of polls on Election Day, and received no later than 3 days after.40 Vote-by-mail voters can also submit their ballots at any designated Ballot Drop-Off Center, or at any polling place on Election Day. If a vote-by-mail voter is unable to return the ballot on their own, they may designate any person to return the ballot to any polling place within the county or to a Vote by Mail Ballot Drop Off.41 Mismatched Signature Statements and Unsigned Ballot Statements are available if a voter realizes that his or her signature has changed or that he or she forgot to sign the ballot envelope.42 First time voters who did not provide their DL number, CA ID number, or SSN are required to provide ID. (See above.) The SOS advises that, if such a voter wants to vote-by-mail, the voter should send a photocopy of some personal identification with the Vote-by-Mail Application or to their county elections official before the election.43 2) Early Voting (also called one-stop absentee voting or in-person absentee voting): Some counties offer early voting at a few locations before election day. Voters should contacttheir county elections office to see if they offer early voting.county contact information can be found by visiting the Secretary of State s website at: 3) Military-Overseas Citizens Absentee Voting: Absent uniformed service members (and their eligible dependents) and U.S. citizens living outside of the United States may request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The voter can get step-by-step assistance and forms at What if I requested a Vote-by-Mail ballot but I want to vote in person on Election Day? Before polls close on election day, a vote-by-mail voter can vote at the office of the elections official (i.e. at any polling place in the county).44 Vote-by-mail voters who return to their home precincts on election day may vote by regular ballot if they surrender their vote-by-mail ballots to the poll workers, or if the election officials 9

10 can verify that the voter s ballot has not already been returned.45 Any vote-by-mail voter who does not surrender his or her vote-by-mail ballot may still vote by provisional ballot.46 The provisional ballot will be counted once the election officials confirm that the voter did not mail in a vote-by-mail ballot. For voters in Voter s Choice Act counties (Sacramento, San Mateo, Napa, Nevada, and Madera counties in 2018), voters do not need to surrender their vote-by-mail ballots to vote at a vote center. 24. My precinct used to be a mail ballot precinct, but I just got notice that now I have to go to a polling place or apply to vote-by-mail. Is this correct or a hoax? Can they change a polling place precinct to a mail ballot precinct? People who live in precincts with fewer than 250 voters may be sent vote-by-mail ballots rather than assigned a polling place.47 If you are in a mail ballot precinct, you will receive your voteby-mail ballot automatically. If new residents or registrations take your precinct above 250 voters, then your precinct will be changed to a polling place precinct. As in all other precincts, you are welcome to apply to vote-by-mail (either for this election or permanently) but otherwise you will have to go to a polling place. If you are concerned about a communication you received regarding where to vote, look up your polling place on the polling place locator provided by your county. That is the most accurate and up to date information on where you should vote. If your precinct is a mail ballot precinct, the polling place locator will say so. Notably, five California counties are conducting their elections pursuant to the California Voters Choice Act: Madera, Napa, Nevada, Sacramento, and San Mateo. The California Voter s Choice Act is a new law passed in 2016 that allows counties to conduct elections under a new model which provides greater flexibility and convenience for voters. This new election model allows voters to choose how, when, and where to cast their ballot by mailing every voter a ballot, expanding in-person early voting, and allowing voters to cast a ballot at any vote center within their county. All voters in these counties should receive vote-by-mail ballots, but they also have the option of going to a vote center to cast a ballot there. For information on specific Voters Choice counties, see the Voters Choice Act toolkit: What rules apply to people campaigning or hanging around my polling place? Can people approach me? Electioneering, including the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot, is prohibited within 100 feet of a polling place, a vote center, an elections official's office, or a satellite location.48 10

11 26. Someone is formally challenging my right to vote. What do I do?49 A voter's eligibility can only be orally challenged at the polling place by poll worker. Observers may not challenge voters or direct a poll worker to challenge voters if a third party like an observer wishes to submit information regarding a voter challenge, that information must be reviewed by county elections officials before a poll worker acts on it. Voters may only be challenged on their identify, residence, citizenship, or felony status, or on whether they have already voted. Voters must be given the opportunity to sign an affidavit declaring that the challenge is without merit, and any doubt must be resolved in favor of the voter. Even if the voter does not sign an affidavit, the voter is still entitled to vote by provisional ballot. 50 If challenges are so persistent that they intimidate voters or cause undue delays, poll workers must stop conducting challenges. 27. Can someone else return or collect my vote-by-mail ballot?51 Californians who vote using vote-by-mail ballots are able to designate anyone to return their voted ballots to either the elections official who issued the ballot, the precinct board at a polling location or at a vote center in participating counties, or to a vote-by-mail ballot dropoff location within the state once their voted ballot is sealed inside the ballot envelope. The ballot must be received before the close of the polls on Election Day by 8pm. 28. Can I take a picture with my ballot?52 Yes you can! California voters can now take a picture with their ballot (a ballot selfie ) and share it on their preferred social media site. Although pictures are allowed, voters cannot cause disruptions at the polling location when taking their picture. 11

12 1 Cal. Elec. Code Cal. Elec. Code Seehttp:// 4 Cal. Elec. Code Cal. Elec. Code 4005 (Voters Choice Act) 6 Cal. Elec. Code 4005 (Voters Choice Act) 7 Cal Elec. Code Cal. Elec. Code Cal. Code Regs. tit. 2, ; 10 Cal. Code Regs. tit. 2, 20107(d)(1). 11Cal. Code Regs. tit. 2, 20107(d)(2). 12 Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code 2119 & 2170 et seq (Conditional Voter Registration). 16 Cal. Elec. Code Cal. Elec. Code 2116 & 2170 et seq (Conditional Voter Registration).. 18 Cal. Elec. Code 14300(e). 19 Cal. Elec. Code 14310(3). 20 Cal. Elec. Code Cal. Elec. Code 2201; see also California Secretary of State, Voting Rights: Persons with a Criminal History 23 Cal. Elec. Code 14217, 2300 et seq. 24 Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code See Help America Vote Act (52 U.S.C , et seq.); Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee, et seq.); Americans with Disabilities Act (42 U.S.C , et seq.); California Disabled Persons Act (Cal. Civ. Code 54, et seq.). For a helpful overview of these laws, see Voters with Disabilities (July 2016) published by Disability Rights California and available at 12

13 31 Cal. Elec. Code 14282(a). 32Id U.S.C.A , formerly 42 U.S.C.A. 1973aa Cal. Elec. Code U.S.C.A 10503; see also determinations); Guidelines on implementation of Section 203);Cal. Elec. Code 14201(c) (state law requiring translation of certain voting materials for certain precincts based on population size); Cal. Elec. Code 12303(c) (requiring election officials to attempt to recruit bilingual poll workers at precincts that reach the 3% threshold); Fact Sheet: Language Assistance During Election provided by Asian Americans Advancing for Justice, found at 36 Cal. Elec. Code 14201(b)(1) 37 Cal. Elec. Code Cal. Elec. Code 14281, 14222, Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code Cal. Elec. Code 3015(2). 46 Cal. Elec. Code Cal Elec. Code Cal. Elec. Code Cal. Elec. Code et seq. 50 Cal. Elec. Code 2101, Cal. Elec. Code 3017(a) 52 Cal. Elec. Code