CALIFORNIA DEMOCRATIC PARTY PROMOTE AND PROTECT THE VOTE (P2TV) Twenty- Eight Questions for Election Day, November 8, 2016

Transcription

1 - 1 - CALIFORNIA DEMOCRATIC PARTY PROMOTE AND PROTECT THE VOTE (P2TV) Twenty-Eight Questions For Election Day, November 8, 2016 Questions 1 through 5 Voter Registration 1. What is the deadline for voter registration? 2. What if someone moves or changes their surname? 3. How can a new voter, or a non-voter, register to vote? 4. Suppose a voter registration card (or change of address letter) is executed on or before October 24, but does not arrive at the registrar by October 24? 5. Suppose a voter believes that he or she is properly registered, but the polling place has no record of the registration? Questions 6 through 13 Vote-by-mail (Absentee) Ballots 6. How can a voter obtain and vote a vote-by-mail (absentee) ballot between October 10 and November 1? 7. Can a voter who obtains a vote-by-mail (absentee) ballot on or before November 1 allow someone else to return it? 8. Can a voter obtain a vote-by-mail (absentee) ballot after November 1? 9. What happens if a voter fails to receive or loses a vote-bymail (absentee) ballot? 10. May a recipient of a vote-by-mail (absentee) ballot vote on Election Day in his or her home precinct?

2 Can a voter vote prior to Election Day without a vote-by-mail (absentee) ballot? 12. Can a voter receive or return a vote-by-mail (absentee) ballot via electronic mail or by fax? 13. If I am disabled and cannot sign my name, may I use a signature stamp? Questions 14 through 25 Voting on Election Day 14. When are the polls open on Election Day? 15. Who runs the polling places on Election Day? 16. How can someone become a Precinct Board Member? 17. Are employers required to give employees time off to vote? 18. How does a voter cast a ballot on Election Day? 19. What happens if a voter makes a mistake on an optical scan ballot? 20. Can a voter receive assistance in voting on Election Day? 21. Can a Precinct Board Member ask a voter for identification? 22. What should a voter do if his or her right to vote is challenged on Election Day? 23. What are the solutions to possible polling place foul-ups on Election Day? 24. What kind of voting technology is used? How can I learn to use these new devices?

3 Are there standards for casting a vote to ensure that it is counted? Questions 26 through 28 Election Activity 26. What are the rights and responsibilities of Get Out The Vote workers in polling places? 27. Where can campaign workers electioneer prior to Election Day? 28. Are certain persons prohibited from engaging in partisan political activity?

4 - 4 - Questions 1 through 5 Voter Registration 1. What is the deadline for voter registration? Monday, October 24. There is one major exception If you meet all the other requirements to vote in California but do not become a citizen until October 25 and November 8, you still have an opportunity to register to vote and cast a ballot. To do this, you will need to visit your county elections office, or another county-designated location, anytime up until the close of the polls on Election Day. You must bring proof that you are a U.S. citizen, and sign an affidavit declaring you are eligible to vote in California. Other persons who may register and vote at the county elections office between October 25 and November 8: Persons who move to California between October 25 and November 8 may register at the county elections office, but in 2016 may vote only for President/Vice President. Military voters provably discharged from service between October 25 and November What if someone moves or changes their surname? Under new legislation effective 2016, voters who change their surnames must re-register under the new surname. If the move is on or before October 24, the voter should reregister at their new address, either by executing a new affidavit (voter registration card) or (if the new address is anywhere in California) through a signed letter to the registrar that is postmarked on or before October 24. If possible, the voter should keep a copy of the letter, affidavit or voter

5 - 5 - registration stub. Note also that these materials must be executed and postmarked on or before October 24, or received by the registrar by mail on or before November 8. If possible, either: (1) hand deliver the affidavit to the registrar, or (2) send the affidavit by certified mail, return receipt requested. If the move is after October 24 within the voter s county of registration, the voter has four options: (1) vote a Section provisional ballot at the polling place assigned to his or her new address, even if he or she has not re-registered there; (2) go back to the old polling place on November 8; (3) vote at the registrar during normal business hours between October 9 and November 8; or (4) request that a vote-by-mail ballot be sent to the new address, while still indicating on the form the old registration address. If the move is after October 24, but to a new county within California, the voter has only two options: (1) request that the registrar in the "old county" send a vote-by-mail ballot to the new address; or (2) vote at the registrar on or before "moving day." 3. How can a new voter, or a non-voter, register to vote? A Online at the Secretary of State website, on or before October 24, B At the Department of Motor Vehicles when registering a vehicle. C -- By executing an affidavit with a deputy registrar. Be sure to keep the "stub" (sometimes known as an "affidavit receipt") or a photocopy of the signed affidavit. D -- By filling out a voter registration card and mailing it (postage

6 - 6 - free) to the registrar of voters. Be sure to make a photocopy of the signed card and/or tear off the stub before mailing it. E -- By going down to the registrar of voters and filling out a voter registration card, or by calling the registrar of voters and requesting that a card be sent to you. Be sure to keep the stub and/or a copy of the signed card. 4. Suppose a voter registration card (or change of address letter) is executed on or before October 24, but does not arrive at the registrar by October 24?. A-- The registrar must accept any card or letter that is executed and postmarked on or before October 24, B-- The registrar must accept any card or letter that arrives by mail but is postmarked by October 24. Amendments to Sections 2107 and 2119 effective 1997 eliminate the previous requirement that the mailed card or letter arrive no later than 4 days after the close of registration.. C-- The card or letter must also be accepted if it is submitted at the Department of Motor Vehicles at any time "prior to the election" (in other words, on or before November 7) as long as its postmarked by October 24. Obviously, if a registration is submitted to the DMV so soon before the election, their name will not be on the voter list and the voter should expect to vote a provisional ballot on November 8.

7 Suppose a voter believes that he or she is properly registered, but the polling place has no record of the registration? The voter should request and vote a provisional ballot, taking care to properly sign and legibly print on the provisional ballot envelope any requested information regarding his or her name and address. Questions 6 through 13 Vote-by-mail (Absentee) Ballots 6. How can a voter obtain and vote a vote-by-mail (absentee) ballot between October 10 and November 1? First, the voter will have to apply in writing; the registrar will not take telephone requests. There are several ways to do this: A Any date on or before November 1, fill out and mail in the vote-by-mail (absentee) ballot application form that is contained on the back of most counties sample ballot. B -- Use the website interactive electronic mail applications for vote-by-mail ballots offered by some county elections officials. The Secretary of State website [ has links to each county elections official. C -- Before November 1, telephone the registrar and request that he/she sends you a vote-by- mail (absentee) ballot application so that you can return it on or before November 1. Once it arrives, fill out the application and mail or hand deliver it back. D -- Get a vote-by-mail (absentee) ballot application from the campaign. Second, the completed vote-by-mail (absentee) ballot application must be received by the registrar by November 1. Note that:. (1) Even though the campaign may distribute applications, the law requires that the voter personally affix both his or her

8 - 8 - signature and the address to which the ballot is to be mailed.. (2) Once the campaign receives a completed vote-by-mail (absentee) ballot application from a voter, it must be delivered to the registrar within 72 hours, or by 5:00 p.m. November 1, whichever is earlier.. (3) The vote-by-mail (absentee) ballot application may be returned via FAX (but only military-overseas voters may fax back a voted ballot). Finally, for the completed ballot to be counted: If personally delivered by the voter or the voter s representative, the ballot must be received by the registrar or by any polling place in the county on or before 8:00 p.m. November 8; If mailed, the ballot envelope must be postmarked on or before November 8 (or, if the postmark is illegible, the envelope must be signed on or before November 8), and arrive at the registrar on or before Monday, November 14, Former law that ignored the postmark date has been repealed. Because Veterans Day in 2016 is Friday, November 11, three days are added to the usual deadline. The ballot envelope must be signed. New legislation effective 2016 requires registrars to send voters who forget to sign the VBM ballot envelope an unsigned ballot statement that must be returned to any county polling place by 8:00 p.m. November 8, or to the county elections office by 5:00 p.m. November 16. The voter can also execute his or her own unsigned ballot statement using the campaign s form that tracks the language of the statute. 7. Can a voter who obtains a vote-by-mail (absentee) ballot on or before November 1 allow someone else to return

9 - 9 - it? Only if the other person:. (A) is the spouse, child, parent, grandparent, grandchild, brother or sister of the voter; or is a coresident of the voter s household and. (B) is designated by the voter filling out the form on most counties vote-by-mail (absentee) ballot envelopes or in a letter signed by the voter as his or her representative authorized to return the ballot to the registrar; and,. (C) the designated relative or household co-resident returns the completed ballot to the registrar or to any polling place in the county by 8:00 p.m. November 8. The campaign will have form letters available for this purpose. Note: the California Supreme Court has held that designated relatives may not mail vote-by mail (absentee) ballots for other persons, but the voter must instead physically turn the ballot in. In addition, the California Court of Appeal in 2016 ruled that vote-by-mail ballots are valid only if they are cast by persons who actually request vote-by-mail ballots. 8. Can a voter obtain a vote-by-mail (absentee) ballot after November 1? Yes! State law provides for an emergency vote-by-mail ballot. Another Elections Code section (3021) permits any voter to obtain a vote-by-mail ballot at any time between November 2 and November 8 if the voter provides the registrar with a written statement, signed under penalty of perjury, stating that:

10 (1) the voter "is unable to go to his or her polling place because of conditions resulting in his or her absence from the precinct on election day;". (2) the voter requests that a vote-by-mail ballot be delivered to the voter or to any other person authorized by the voter to receive and/or return the ballot; and either the voter or the authorized representative returns the ballot to the registrar or any polling place in the county by 8:00 p.m. November 8. Note that in these last 7 days, the "authorized representative" can be anyone, including a campaign worker, provided that this person will be able to both receive and return the completed ballot. The campaign will have form letters available for these purposes between November 2 and November What happens if a voter fails to receive or loses a vote-bymail (absentee) ballot? If the voter still wants to vote-by-mail, the voter should provide the registrar with a written statement, made under penalty of perjury, that the voter: (1) has failed to receive, lost, or destroyed the original vote-by-mail ballot; and (2) requests that he or she be provided with a second vote-by-mail ballot. The campaign will have form letters available for this purpose. 10. May a recipient of a vote-by-mail (absentee) ballot vote on Election Day in his or her home precinct? Yes, if the voter surrenders the unvoted vote-by-mail (absentee) ballot at the polling place. If the voter is unable to do so, the voter is required to vote a provisional ballot.

11 Can a voter vote prior to Election Day without a vote-bymail (absentee) ballot? Maybe. Most, but not all 58 county elections officials permit pre-election early voting at their offices on various dates starting October 10. Please contact your local county registrar office for availability, dates, and times. 12. Can a voter receive or return a vote-by-mail (absentee) ballot via electronic mail or by fax? California does not allow electronic mail receipt or return of vote-by-mail ballots by anyone. A vote-by-mail ballot may be faxed to and returned by fax only if the voter is an Elections Code Section 300(b) special absentee voter, meaning: (1) Armed Forces member; (2) auxiliary branch Armed Forces member; (3) spouse or dependent of Armed Forces or auxiliary branch member; (4) serving on a merchant vessel documented under the laws of the United States ); or (5) [a] citizen of the United States temporarily living outside of the territorial limits of the United States or the District of Columbia. Voters in these categories may receive and return the vote-by-mail ballot by fax provided they execute an oath waiving the ballot secrecy requirement. 13. If I am disabled and cannot sign my name, may I use a signature stamp? Yes. Effective 2008, Elections Code Section allows use of the signature stamp to request or vote a vote-by-mail ballot, provided the signature stamp user submits an affidavit of registration or a new affidavit of registration using the signature stamp, in the presence of a county elections official, using the signature stamp to sign the affidavit.

12 Questions 14 through 25 Voting on Election Day 14. When are the polls open on Election Day? The polls open at 7:00 a.m. and close at 8:00 p.m. If the voter is in line, at the door, or inside the polling place, at 8:00 p.m., Elections Code section requires that he or she must be permitted to vote. 15. Who runs the polling places on Election Day? A precinct board consisting of a minimum of one inspector and two clerks appointed by the registrar or clerk. 16. How can someone become a precinct board member? Apply on your own to the registrar/clerk as soon as possible. Many registrars will take applications and offer training up to Election Day. You must reside in the same county in which the precinct that you seek to administer is located. The campaign will have form letters available for this purpose. Precinct board members are compensated by the county, cannot be discharged from employment for serving on a precinct board (Elections Code section 12312), and must execute a declaration that they intend to faithfully discharge the duties of a precinct board member. State employees who serve on precinct boards are required by the State of California collective bargaining agreements to be paid their regular salary for Election Day plus the county pollworker payments.

13 Are employers required to give employees time off to vote? Yes! Elections Code section requires employers to give employees up to two Election Day hours off without loss of pay if the voter notifies his or her employer on or before Friday, November 4. The campaign will have form letter requests available for this purpose. 18. How does a voter cast a ballot on Election Day?. A-- First, the voter must give the precinct board his or her name and address.. B-- After the name and address are found on the voter index, the voter must sign in with his or her signature, name and address. This may be done by "another person" if the voter is unable to do so; Elections Code section It may also be done by using the signature stamp now authorized by Elections Code Section C-- Then the voter must go inside the polling booth, pull the curtain, and vote. The maximum time to vote is 10 minutes, but Elections Code section expressly provides that the voter may take longer if no other voter will be inconvenienced.. D-- Lastly, the voter must return the completed optical scan ballot, or Direct Recording Electronic (DRE) ballot card, to the precinct board.

14 What happens if a voter makes a mistake on an optical scan ballot? He or she must be given a maximum of two replacement ballots; under Elections Code section Note: when a direct recording electronic (DRE) voting machine is used, there are no replacement ballots, so carefully follow the instructions, and read the screen carefully before touching the Cast Ballot option. 20. Can a voter receive assistance in voting on Election Day? The voter can bring children age 18 or younger into the voting booth for any reason. The voter may also receive assistance in marking his or her ballot if: (1) the polling place does not meet Secretary of State guidelines for disabled access in that situation, the precinct board MUST give disabled voters regular or vote-by-mail (absentee) ballots to mark outside the polling place; and (2) if the voter declares under oath that he or she is then unable to mark a ballot ; if the voter so declares, he or she may be accompanied by no more than 2 other persons who are neither agents of the voter s employer nor of his or her union. The campaign will have form declarations available for this purpose. 21. Can a Precinct Board Member ask a voter for identification? Sometimes, but not usually. The old rule that ID is never necessary was changed by the federal Help America Vote Act ( HAVA ). For most voters, the answer is no. ID may NOT be asked for if

15 either:. 1) The voter voted in the last federal general election (in this case, 2014), and has not moved out of the county since; OR. 2) The voter has moved into a new county or into the state since January 1, 2012, but provided their ID on the submitted registration form. So, for regular voters, ID may be asked only of the relatively small group of voters who have moved into a new County or into the State since January 1, 2012 and did not provide identification information at the time that they registered. These voters are sometimes called HAVA voters and they will have a special mark next to their name on the voter list indicating that they may be asked for identification. No other regular voters may be asked for ID. HOWEVER, if one of these voters refuses to provide ID, they may still ask for and must receive a provisional ballot. Speaking of provisional ballots, one other situation where a voter may be asked for ID is where a voter is voting a provisional ballot. However, a voter may vote a provisional ballot even if they refuse to provide ID. 22. What should a voter do if his or her right to vote is challenged on Election Day? First of all, it is important to note that ONLY official county precinct workers may challenge a voter. Campaign poll watchers, from any party or campaign, may suggest a challenge to the official county precinct worker, but may not actually make the challenge. A Under the federal Help America Vote Act Section 302

16 and California Secretary of State CCROV Letter 12302, a voter may terminate the challenge at the outset simply by filing the HAVA written affirmation and requesting a provisional ballot. The voter also has the option of going through the challenge procedure.. B-- If the voter decides to undergo the challenge procedure, the voter should simply answer "yes" to any question asking whether or not the voter is:. 1) a resident of the precinct in which the polling place is located. 2) who he or she says he or she is. 3) a citizen. NOTE: ID is never required to resolve an identity challenge. If you are on the rolls AND the roll does NOT indicate that you requested a vote-by-mail (absentee) ballot AND you are not a HAVA voter (see question 21), NO ID IS REQUIRED TO VOTE A REGULAR BALLOT.. NOTE: Strange but true: whether a voter is old enough to vote is NOT a legitimate grounds for a challenge.. C-- If not permitted to vote a regular ballot, request and vote a provisional ballot, taking care to sign the envelope and legibly fill out the voter's name and address.. D-- Immediately report ANY challenge to campaign headquarters. Be sure to get the name of the challenger, the claimed basis for the challenge, and any other pertinent information.

17 What are the solutions to possible polling place foulups on Election Day?. A-- No precinct board members show up at 7:00 a.m. to open the polls. Answer: The voters present at 7:00 a.m. may appoint a precinct board of at least one inspector and two clerks under Elections Code sections 12313, B-- A precinct board member fails to show up at 7:00 a.m. Answer: The voters present, including the precinct board member, appoint a voter to fill the vacancy; Elections Code section C-- A precinct board member shows up, but becomes incapacitated during Election Day. Answer: The inspector may appoint a voter to replace the incapacitated person; Elections Code section (effective 1997).. D-- There is an electrical failure or other emergency that prevents the mechanical marking of ballots. Answer: The precinct board may direct that ballots be marked by pencil or ink; Elections Code section E-- The supply of ballots runs out. Answer: The registrar or clerk must deliver enough ballots to the polling place so that all eligible voters can cast their ballots within two hours. In addition, while awaiting the delivery of additional ballots, the precinct board shall provide each voter the option of casting the ballot via an alternative procedure approved by the Secretary of State prior to the election. Elections Code Section 14299, effective These requirements replace the former Section language extending voting hours to 10:00 p.m..

18 What kind of voting technology is used? How can I learn how to use these new devices? No more punchcards. Instead, each county is simultaneously using a vote-by-mail (absentee) ballot technology, and a primary and secondary polling place technology. All vote-by-mail (absentee) ballots in all 58 counties are optically scanned paper ballots. In 56 counties, optical scanners are used as the primary polling place technology, with a handicapped-accessible DRE machine or touchscreen scanner (the ES&S AutoMARK) as the secondary device. In two counties (Orange and San Mateo), DRE machines are the only polling place technology. In these two counties, all voters who do not want to use the DRE machines have the statutory (Elections Code Section 14300] option of voting an optically scanned paper ballot. In the event the county gives these voters a provisional ballot, the ballot is required to be counted as a regular ballot (i.e., without undergoing a signature verification process). The campaign has how to vote instructions for each technology, and accurate lists of the technologies used in each of the 58 counties. 25. Are there standards for casting a vote to ensure that it is counted? Yes. The Secretary of State website contains a PDF Uniform Vote Counting Standards document [ which defines a vote for both OS and DRE technologies, as well as

19 vote-by-mail (absentee) and provisional ballots. The essence of casting a countable vote using OS technology is completely filling in the position target (bubble) of the ballot, or consistently filling it in partially, circling it, or otherwise marking it. For DRE machines, these standards require consistent touching of the DRE mark for the ballot choice, followed by the pushing of a cast ballot indicator. For voteby-mail (absentee) and provisional ballots, the OS position targeting requirements must be followed, along with the signature and delivery requirements. Questions 26 through 28 Election Activity 26. What are the rights and responsibilities of Get Out The Vote workers in polling places? A -- The precinct board must conveniently post at least two copies of a registered voter index, indexed by streets, for the precinct; Elections Code section B -- The precinct board must also cross through the name of each voter as he or she votes, at least once each hour, through and including 6:00 p.m.; Elections Code section Some polling places continue crossing through the names of voters after 6:00 p.m. C -- Any person may inspect the voter index as long as the normal process of voting is not impeded; Elections Code section D -- Electioneering (including campaign buttons and campaign T- shirts) is not allowed within 100 feet of the polling place, or inside the polling place; Elections Code section Where can campaign workers electioneer prior to Election

20 Day? Never place literature in mailboxes! This is a violation of United States Code, title 18, section A Campaign Worker may electioneer... Subject to reasonable time, place, and manner regulation by cities and counties -- door to door (and under doorknobs, on doormats, under doors, on nonpostal boxes) in precincts (but observe "no soliciting" signs), and in streets, sidewalks, and parks. Subject to obtaining a prior permit from a city and county -- on sidewalks, crosswalks, curbs, curbstones, utility poles, street lampposts, and other public property not comparable to streets and sidewalks. Subject to obtaining a prior permit from the California Department of Transportation Outdoor Advertising Branch by placing signs within the right of way of any State Highway or county road, or within 600 feet of the edge of a landscaped freeway. Subject to reasonable time, place, and manner regulation by shopping center owners -- in shopping centers. If a privately owned residential community allows representatives of one campaign to access to its premises, then representatives of other campaigns must also be allowed access on the same terms. Any problems should be reported immediately to campaign headquarters and counsel.

21 Are certain persons prohibited from engaging in partisan political activity?. A-- Military personnel under most circumstances.. B-- Some federal civilian employees under many, but not all, circumstances.. C-- Federal, state, and local government employees in uniform.. D-- Federal, state, and local government employees on government time or using government resources. Note that California state and local employees, and many but not all federal employees are not prohibited from engaging in partisan political activity on their own time. Consult Preparing for Election Day 2016 for more specific information on this topic