Law:Division 17. Retention And Preservation Of Election Records (California)

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Contents

Chapter 1. Affidavits Of Registration And Voter Registration Indexes

Ca Codes (elec:17000-17001) Elections Code Section 17000-17001



17000. (a) The elections official shall preserve all canceled original affidavits of registration for a period of five years, after which they may be destroyed by that officer. (b) In lieu of preserving the canceled original affidavit of registration, the elections official may, by filming or other suitable method, record the canceled affidavit and destroy the affidavit following the first general election after the date of cancellation.

17001. The elections official shall keep a copy of the index to the affidavits of registration described in Section 2180 on file as a public record for election, political research, and governmental purposes for a period of five years.


Chapter 2. Nomination Documents

Ca Codes (elec:17100) Elections Code Section 17100



17100. (a) All nomination documents and signatures in lieu of filing fee petitions filed in accordance with this code shall be held by the officer with whom they are filed during the term of office for which they are filed and for four years after the expiration of the term. (b) Thereafter, the documents and petitions shall be destroyed as soon as practicable unless they either are in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the documents and petitions be preserved for use in a pending or ongoing investigation into election irregularities, the subject of which relates to the placement of a candidate's name on the ballot, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (c) Public access to the documents described in subdivision (a) shall be limited to viewing the documents only. The public may not copy or distribute copies of the documents described in subdivision (a) that contain signatures of voters.


Chapter 3. Initiative And Referendum Petitions

Ca Codes (elec:17200) Elections Code Section 17200



17200. (a) Elections officials required by law to receive or file in their offices any initiative or referendum petition shall preserve the petition until eight months after the certification of the results of the election for which the petition qualified or, if the measure, for any reason, is not submitted to the voters, eight months after the final examination of the petition by the elections official. (b) Thereafter, the petition shall be destroyed as soon as practicable unless it is in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, the subject of which relates to the petition's qualification or disqualification for placement on the ballot, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (c) Public access to any such petition shall be restricted in accordance with Section 6253.5 of the Government Code. (d) This section shall apply to the following petitions: (1) Statewide initiative and referendum petitions. (2) County initiative and referendum petitions. (3) Municipal initiative and referendum petitions. (4) Municipal city charter amendment petitions. (5) District initiative and referendum petitions.


Chapter 4. Precinct Supplies And Ballots

Ca Codes (elec:17300-17306) Elections Code Section 17300-17306



17300. (a) The elections official shall preserve all rosters of voters or combined rosters and indexes as provided for in Section 14109, if applicable, until five years after the date of the election, after which they may be destroyed by that official. (b) In lieu of preserving the original roster of voters, the elections official may, by filming or other suitable method, record the original roster of voters and destroy the roster following the next subsequent general election.


17301. (a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative. (b) The packages containing the following ballots and identification envelope shall be kept by the elections official, unopened and unaltered, for 22 months from the date of the election: (1) Voted polling place ballots. (2) Paper record copies, as defined by Section 19251, if any, of voted polling place ballots. (3) Voted vote by mail voter ballots. (4) Vote by mail voter identification envelopes. (5) Voted provisional voter ballots. (6) Provisional ballot voter identification envelopes. (7) Spoiled ballots. (8) Canceled ballots. (9) Unused vote by mail ballots surrendered by the voter pursuant to Section 3015. (10) Ballot receipts. (c) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters' signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official shall have the ballots destroyed or recycled. The packages shall otherwise remain unopened until the ballots are destroyed or recycled.


17302. (a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17301. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (b) The packages containing the following ballots and identification envelopes shall be kept by the elections official, unopened and unaltered, for six months from the date of the election: (1) Voted polling place ballots. (2) Paper record copies, as defined by Section 19251, if any, of voted polling place ballots. (3) Voted vote by mail voter ballots. (4) Vote by mail voter identification envelopes. (5) Voted provisional voter ballots. (6) Provisional ballot voter identification envelopes. (7) Spoiled ballots. (8) Canceled ballots. (9) Unused vote by mail ballots surrendered by the voter pursuant to Section 3015. (10) Ballot receipts. (c) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters' signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official shall have the packages destroyed or recycled. The packages shall otherwise remain unopened until the ballots are destroyed or recycled.


17303. (a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative. (b) The elections official shall preserve the package or packages containing the following items for a period of 22 months: (1) Two tally sheets. (2) The copy of the index used as the voting record. (3) The challenge lists. (4) The assisted voters' list. (c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes. (d) If a contest is not commenced within the 22-month period, or if a criminal prosecution involving fraudulent use, marking, or falsification of ballots, or forgery of vote by mail voters' signatures is not commenced within the 22-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.


17304. (a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17303. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (b) The elections official shall preserve the package or packages containing the following items for a period of six months: (1) Two tally sheets. (2) The copy of the index used as the voting record. (3) The challenge lists. (4) The assisted voters' list. (c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes, except that items that contain signatures of voters may not be copied or distributed. (d) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of vote by mail voters' signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the elections official may have the packages destroyed or recycled.


17305. (a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative. (b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 12 of Division 15, all ballot cards shall be arranged by precincts and shall be kept by the elections official for 22 months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined. (c) Notwithstanding any other provision of this code, the final disposition of all voted ballot cards shall be determined by the elections official. (d) Sealed ballot containers may be opened if the elections official determines it is necessary in a shredding or recycling process. Nothing in this section shall be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots are destroyed or recycled.

17306. (a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17305. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 12 of Division 15, all ballot cards shall be arranged by precincts and shall be kept by the elections official for six months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined. (c) Notwithstanding any other provision of this code, the final disposition of all voted ballot cards shall be determined by the elections official. (d) Sealed ballot containers may be opened if the elections official determines it is necessary in a shredding or recycling process. Nothing in this section shall be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots are destroyed or recycled.


Chapter 5. Recall Petitions

Ca Codes (elec:17400) Elections Code Section 17400



17400. (a) The elections official or, in the case of the recall of a state officer, the Secretary of State, shall preserve in his or her office all recall petitions filed for eight months after the results of the election for which the petition qualified or, if no election is held, eight months after the elections official's final examination of the petition. (b) Thereafter, the petition shall be destroyed as soon as practicable, unless it is in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, city, or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (c) Public access to any such petition shall be restricted in accordance with Section 6253.5 of the Government Code.


Chapter 6. Miscellaneous Provisions

Ca Codes (elec:17501-17506) Elections Code Section 17501-17506



17501. Following each general election, the county elections official shall file copies of all precinct maps with the Secretary of State. If there is no change in the precinct maps from those maps that are currently on file, in lieu of filing copies of those maps with the Secretary of State, the elections official may submit a written statement informing the Secretary of State of that fact. The Secretary of State shall maintain a file of all the copies for 12 years and shall, upon request, make them available for examination.


17502. (a) The following provisions shall apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative. (b) The elections official shall preserve the following records reflecting the appointment of precinct officials until 22 months from the date of any election. (1) Precinct officers' declaration of intention required by Section 12321. (2) Precinct board member applications specified in Section 12300. (3) Order appointing members of the several precinct boards and designating the polling places specified in Section 12286. (4) Nominations for appointment to the precinct board by the county central committee of each qualified political party specified in Section 12306. (5) Written orders appointing precinct board members or designating the polling place for the precinct pursuant to Section 12327.

17503. (a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17502. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (b) The elections official shall preserve the following records reflecting the appointment of precinct officials until six months from the date of an election. (1) Precinct officers' declaration of intention required by Section 12321. (2) Precinct board member applications specified in Section 12300. (3) Order appointing members of the several precinct boards and designating the polling places specified in Section 12286. (4) Nominations for appointment to the precinct board by the county central committee of each qualified political party specified in Section 12306. (5) Written orders appointing precinct board members or designating the polling place for the precinct pursuant to Section 12327.

17504. (a) The following provisions apply to those elections where candidates for one or more of the following offices are voted upon: President of the United States, Vice President of the United States, United States Senator, and United States Representative. (b) The elections official shall preserve all applications for vote by mail ballots for a period of 22 months from the date of the election.


17505. (a) The following provisions apply to all state or local elections not provided for in subdivision (a) of Section 17504. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (b) The elections official shall preserve all applications for vote by mail ballots for a period of six months from the date of the election.

17506. The elections official shall preserve the list of new resident voters voting pursuant to Chapter 5 (commencing with Section 3400) of Division 3 for 22 months from the date of the election.


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