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§ 20137. Ballot Collection Procedures and Chain of Custody.

2 CA ADC § 20137BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 7. Secretary of State
Chapter 3. Voting Locations
Article 1. Vote-By-Mail Ballot Drop Boxes and Vote-By-Mail Drop-off Locations
2 CCR § 20137
§ 20137. Ballot Collection Procedures and Chain of Custody.
(a) The county elections official shall develop ballot collection and chain of custody procedures, which shall be substantially similar to the following:
(1) The county elections official shall assign at least two designated ballot retrievers to retrieve voted vote-by-mail ballots from a drop box. Each designated ballot retriever shall wear a badge or similar identification that readily identifies them as a designated ballot retriever. In addition, each designated ballot retriever must take the following oath prior to retrieving ballots: “I, ______________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”
(2) Only designated ballot retrievers and law enforcement identified by the county elections official may transport the retrieved voted vote-by-mail ballots.
(3) Upon arrival at a drop box, the two designated ballot retrievers shall note, on a retrieval form prescribed by the county elections official, the location and unique identification number of the drop box and the date and time of arrival.
(4) The designated ballot retrievers shall retrieve the voted ballots from the drop box and place the voted ballots in a secure ballot transfer device, retrieve the secure ballot container that is placed inside the drop box, or retrieve the staffed drop box which also serves as a secure ballot container.
(5) If a drop box includes a secure ballot container, the designated ballot retrievers shall place an empty secure ballot container inside the drop box prior to departure.
(6) After the final retrieval after the closing of the polls, an empty secure ballot container shall not be placed in the drop box, and the drop box should be locked and/or covered to prevent any further ballots from being deposited.
(7) The time of departure from the drop box shall be noted on the form described in (a)(3) above.
(8) Upon arrival at the office of the county elections official, a ballot receiving center, a designated central count location, or a ballot processing location, the designated ballot retrievers who retrieved the ballots shall note the time of arrival on the form described in (a)(3) above.
(9) The county elections official, or his or her designee, shall inspect the secure ballot container for evidence of tampering and shall receive the retrieved ballots by signing the retrieval form, and including the date and time of receipt. In the event tampering is evident, that fact shall be noted on the retrieval form.
(10) The completed retrieval form shall be attached to the outside of the secure ballot container or maintained in a manner prescribed by the elections official that ensures that the form is traceable to its respective secure ballot container.
(11) When the secure container is opened by the county elections official at the office of the county elections official, a designated central count location, or a ballot processing location, the number of ballots retrieved and placed in that secure container shall be noted on the retrieval form.
(b) The retrieval form described by this Section may be in an electronic form. In the event an electronic form is used, the secure container must be identified in a manner to match the container with the electronic form. In addition, the elections official must develop a method to capture and retain the required signatures on the electronic form.
(c) The county elections official shall provide a copy of their ballot collection and chain of custody procedures to the Secretary of State's office by the 30th day before the election.
Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 3025, Elections Code. Reference: Section 3025, Elections Code; and Article XX, Section 3, California Constitution.
HISTORY
1. New section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 2).
This database is current through 7/24/20 Register 2020, No. 30
2 CCR § 20137, 2 CA ADC § 20137
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