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California issues guidelines on third-party ballot collection ahead of general election

LEGAL NEWSLINE

Tuesday, November 26, 2024

California issues guidelines on third-party ballot collection ahead of general election

State AG
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Attorney General Rob Bonta | Official website

Ahead of the upcoming General Election on November 5, 2024, California Attorney General Rob Bonta has released a bulletin detailing the state's laws regarding third-party collection of voter ballots and the use of unofficial ballot drop-off containers. The bulletin serves to remind voters and those involved in ballot handling of their responsibilities and the legal framework surrounding these activities.

Attorney General Bonta emphasized California's commitment to making voting accessible, stating, "Here in California, all active registered voters are mailed vote-by-mail ballots because we want to make it as easy as possible for your voice to be heard." He also noted that state law allows voters to entrust their completed mail ballots to another person for delivery but highlighted the serious responsibilities associated with this practice. "With today’s bulletin, we want to raise awareness of those responsibilities," he added.

The California Elections Code provides multiple ways for voters to return their vote-by-mail ballots: by mailing them without postage required if postmarked on or before Election Day; delivering them in person at any polling place within the state or county elections office by 8:00 pm on Election Day; returning them to an official vote-by-mail ballot drop-off location by the same deadline; or authorizing a third party to return them under specific conditions.

When a voter chooses a third party for ballot delivery, certain requirements must be met. The designated person must sign the vote-by-mail ballot return envelope and either deliver it personally or mail it within three days of receipt from the voter or before polls close on election day—whichever is sooner. Furthermore, they cannot receive compensation based on the number of ballots returned nor engage in criminal acts related to the ballots.

The code also outlines prohibitions against fraudulent activities involving vote-by-mail ballots, such as signing another voter's name fraudulently. Such offenses can result in up to three years' imprisonment or fines up to one thousand dollars.

Regarding ballot drop boxes, only city and county elections officials are authorized to establish official ones. Unofficial containers intended to deceive voters are illegal. Using misleading terms like “official” on unauthorized containers is considered evidence of intent to deceive. Violations may lead to fines up to $1,000 or imprisonment for up to three years.

The full details are available in Attorney General Bonta's bulletin online.

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