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§ 20985. Direct Recording Electronic (DRE) Voting Systems.

2 CA ADC § 20985Barclays Official California Code of RegulationsEffective: March 15, 2022

Barclays California Code of Regulations
Title 2. Administration
Division 7. Secretary of State
Chapter 8.3. Petition Processing, Signature Verification, Ballot Processing, and Ballot Counting
Article 8. Uniform Vote Counting Standards
Effective: March 15, 2022
2 CCR § 20985
§ 20985. Direct Recording Electronic (DRE) Voting Systems.
Currentness
(a) When direct recording electronic (DRE) technology is used to cast and count the votes on a ballot, the provisions of this section shall apply. The following standards shall be used to determine whether the voter has made a definite choice.
(b) A voter's choice shall be considered a valid vote if the voter:
(1) Operates the DRE in a manner to cause an “X” or “✓” or “highlight” or similar designation to display in the voting target position of the name of the candidate or measure for which the voter chooses to vote, followed by the voter activating the cast vote indicator.
(2) Operates the DRE in a manner to cause the name of a qualified write-in candidate to be entered in the designated write-in space, followed by the voter activating the cast vote indicator.
(3) Operates the DRE in a manner to cause the name of a candidate listed on the ballot to be entered in the designated write-in space, followed by the voter activating the cast vote indicator.
(4) Operates the DRE in a manner to cause the cast ballot indicator to be activated and has not voted for more contests or candidates than the number for which the voter is eligible to vote.
(c) If the voter leaves the voting booth without causing the ballot to be cast, the precinct official shall cause the ballot to be cast, without examining how any votes have been recorded on the machine.

Credits

Note: Authority cited: Section 12172.5, Government Code. Reference: 52 U.S.C. 21081(a)(6); and Section 12172.5, Government Code.
History
1. New section filed 9-28-2020 as an emergency; operative 9-28-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including redesignation of second subsection (a) as subsection (c) and amendment of Note, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-4-2021 as an emergency; operative 11-4-2021 (Register 2021, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-2-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-4-2021 order transmitted to OAL 1-31-2022 and filed 3-15-2022 (Register 2022, No. 11).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 20985, 2 CA ADC § 20985
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