California Secretary of State
Regulatory Action: Petition Processing, Signature Verification, Ballot Processing, and Ballot Counting

Certificate of Compliance

Final Proposed Regulation Text (Changes to Emergency Regulations)

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 1. GENERAL

20910. Applicability of This Chapter

  1. The regulatory purpose of this Chapter is to ensure uniform application and practices for elections officials related to the examination of initiative, referendum, recall, nominating petition or paper, signature in-lieu of filing fee, and any other petition or paper, as well as for signature verification on local and statewide election-related petitions, vote-by-mail identification envelopes, and provisional ballot envelopes.
  2. In addition, the regulatory purpose of this Chapter is to provide uniform vote counting standards for consistent application of ballot processing and counting throughout the state. The regulations set forth in this Chapter shall apply to ballots cast in elections held pursuant to the California Elections Code.

Note: Authority cited: Sections 3026 and 14314, Elections Code; Section 12172.5, Government Code. Reference cited: 52 U.S.C. 21081(a)(6); Sections 100, 333, 3019, and 14310, Elections Code; Section 12172.5, Government Code.

ARTICLE 2. PETITION FORMAT

20920. Petition Format

  1. A petition signature shall be included in a raw count and shall be subject to signature verification when all sections of the petition being reviewed include all elements required by the Elections Code for the type of petition being examined.
  2. Notwithstanding subdivision (a), a petition signature shall be included in a raw count and the signature shall be subject to signature verification if:
    1. The space on the petition section identifying the jurisdiction where the petition section was circulated is left blank.
    2. The petition section has signatures on the back of a printed petition, if the signatures are before the circulator’s declaration and each page bearing signatures contains all elements required by statute. This provision does not apply to a recall petition.
    3. The entire face of the petition section indicates the petition section was circulated among voters of counties other than the county where the petitions were filed but contain one or more signatures of voters registered in the county of filing. However, any signatures of voters registered in another county shall be included in the raw count but shall not be subject to verification.
    4. The petition section is labeled as being circulated in counties other than the county of filing but contains one or more signatures of voters registered in the county of filing. However, any signatures of voters registered in another county shall be included in the raw count but shall not be subject to verification.
    5. The petition section is photocopied, but it includes all elements required by statute and bears original signatures, original printed names and residence addresses.
    6. The entire petition section is reproduced in handwriting, and it includes all elements required by statute. This provision does not apply to a recall petition.
    7. The petition section does not include a one-inch space at the top of each page and/or after the name of the signer. This provision does not apply to a recall petition.
  3. Notwithstanding subdivisions (a) and (b), a petition signature shall not be included in a raw count and the signature shall not be subject to signature verification if:
    1. The petition directs signers to include their “address as registered” rather than their “residence address.” This provision does not apply to a recall petition.
    2. One or more pages of a multi-page statewide initiative or referendum petition section fail to include the title and summary while remaining pages of the same section are properly identified. However, the failure to include the title and summary on one page or more pages of a statewide initiative or referendum petition section does not invalidate other pages of the same section that otherwise include all elements required by statute.
    3. The required text of a measure, declaration of circulator, or title and summary have been cut off one page of a multi-page petition section. A section of a petition may be a single page or multiple pages that are securely bound together. However, the failure to include the required text of a measure, declaration of circulator, or title and summary on one page of a petition section does not invalidate other pages of the same section that otherwise include all elements required by statute.
    4. Signatures are on loose-leaf or other paper informally identified as part of a petition section, but are not bearing proper caption, text, or the title and summary. This provision does not apply to a recall petition, a nomination petition, or a signature in-lieu filing fee petition.
    5. The Attorney General’s identification number is missing on a petition section of a statewide initiative or referendum petition.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 100, 100.5, 101, 102, 103, 104, 105, 106, 107, 108, 9001, 9008, 9009, 9010, 9011, 9012, 9013, 9014, 9015, 9020, 9021, 9022, 9108, 9109, and 11047, Elections Code; Section 12172.5, Government Code.

ARTICLE 3. PETITION SIGNATURES AND RESIDENCE ADDRESSES

20930. Petition Signatures

  1. A petition signature shall be included in a raw count and the signature shall be subject to signature verification if:
    1. If two signers of a petition occupy the same signature box, but only one residence address is listed, only the signature of the person who handwrote the residence address shall be subject to verification. However, if the signer’s registration was electronic or typed, and there is no handwriting to compare, only the first name in the signature box shall be subject to verification.
    2. If a signer of a petition prints MR. AND MRS. SMITH and signs Mr. & Mrs. Smith, or uses a nickname, initials, prefixes, maiden name, married name, spouse’s name or a misspelling, but only when it appears to have been made by the same person with a similar signature and correct residence address.
  2. A petition signature shall be included in a raw count, but the signature shall not be subject to signature verification if:
    1. The signer prints their name and residence address but leaves the signature space blank. However, if the signature on the voter’s registration record is printed and is similar to the printed name on the petition, the signature shall be subject to signature verification.
    2. If a line appears through a signature, name, or address, but not all three, the elections official shall have the discretion to determine whether or not there is sufficient information present to subject the signature to the verification process.
    3. The signer does not provide a written or printed name and the signer cannot be identified.
  3. A petition signature shall not be included in a raw count and the signature shall not be subject to signature verification if:
    1. A line appears through the name, address, and signature of the signer.
    2. Correction tape or correction fluid is used to cross out the signer’s information and new information is written on top of or around it.
    3. No signatures or identifying information appears in the signer spaces, but one or more signatures appear in the completed declaration of circulator.
    4. Signatures are appended to the petition section so as to appear after the declaration of circulator.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 100, 104, 105, 2102, 2150, 9020, and 9022, Elections Code; Section 12172.5, Government Code.

20931. Residence Address

  1. A petition signature shall be included in a raw count and the signature shall be subject to signature verification if:
    1. The signer provides the correct house number and street name, but the apartment field is either blank or contains a different letter or number than what is reflected in the voter’s registration record.
    2. The signer provides the correct house number but abbreviates the street name or uses another name for the street, and the elections official can determine the address.
      1. Example – 132 Hollywood Bl. is written on the petition, but the full name of the street is Hollywood Boulevard.
      2. Example – 1234 Hwy 49 (old street name) is written on the petition, but the signer’s residence address in the voter’s registration record is 1234 Coloma Road (new/current street name).
    3. The signer provides the correct street name and house number but omits or provides a different fraction than what the signer’s residence address in the voter’s registration record.
    4. The signer provides a P.O. Box and a street address in the same box, if the street address matches the residence address in the voter’s registration record.
    5. The signer provides their previous address and the current address and moved during the time the petition section was circulated, and the voter was properly registered at one of the addresses during the time the petition section was circulated.
    6. The signer provides their residence address (street name, house number, and zip code), but fails to provide the city.
    7. The signer provides their residence address (street name and house number) but abbreviates or uses another name for the city.
      1. Example of an acceptable abbreviation for a city – 456 Main Street, CV, 12345 (on petition) and 456 Main Street, Chula Vista, CA 12345 (in the signer’s registration record).
      2. Example of an acceptable city name change – 123 Broadway Street, Hollywood, CA 12345 (on the petition) and 123 Broadway Street, Los Angeles, CA 12345 (in the signer’s registration record).
    8. The signer uses cursive writing in the space designated for the signer’s printed name, if the signer can be identified. However, if the signer cannot be identified, the signature shall be included in the raw count, but the signature shall not be subject to the signature verification.
    9. The signer either adds or omits a suffix such as Jr. or II from either the petition or the voter’s registration record, as long as the signer provides the correct residence address.
    10. If the signer provides one of the following non-traditional residence addresses, or provides a residence address that differs from the residence address on the voter’s registration record, but is within the same nontraditional precinct:
      1. Native American Indian Reservation – If the provided residence address is assigned by the tribe or a non-public agency and the move is within the reservation. However, if the provided residence address is assigned by a public agency and is listed in the official street file or in the county elections management system, any change would invalidate the provided residence address, and therefore the signature would not be subject to signature verification.
      2. Marina or boat slip – If the provided residence address is within the same marina.
      3. University – If the provided residence address is in the same building or residence hall and has the same street number.
      4. Military base – If the provided residence address is a non-traditional address or equivalent. However, if the provided residence address is a traditional address and is listed in the official street file or in the county elections management system, any change would invalidate the provided residence address and therefore the signature would not be subject to signature verification.
      5. Mobile home park – If the provided residence address is within the same mobile home park and contains the same street number.
    11. If an address change due to an address update label affixed by the United States Postal Service (USPS) is made to a voter record after the petition is circulated, and:
      1. The voter's address on the petition is the same as the address provided via an address update label affixed by the USPS and the registration effective date (or the transaction date if the registration date was not updated by the transaction) is on or before the date the voter signed the petition. However, if the voter's address on the petition is the same as the address provided via an address update label affixed by the USPS and the registration effective date (or the transaction date if the registration date was not updated by the transaction) is after the date the voter signed the petition, the elections official shall include the signature in the raw count, but the signature shall not be subject signature verification.
      2. The voter's address on the petition is the different from the address provided via an address update label affixed by the USPS, and the registration effective date (or the transaction date if the registration date was not updated by the transaction) is after the date the voter signed the petition. However, if the voter's address on the petition is different from the address provided via an address update label affixed by the USPS and the registration effective date (or the transaction date if the registration date was not updated by the transaction) is on or before the date the voter signed the petition, the elections official shall include the signature in the raw count, but the signature shall not be subject to signature verification.
      3. If the effective registration date change in (A) or (B) occurred during the dates between which all the signatures to the petition or paper were obtained as reported in the declaration signed by the circulator of the petition, it shall be presumed that the voter signed the petition with their previous address prior to the effective date of the address change or signed with their new address after the effective date of the address change.
  2. A petition signature shall be included in a raw count, but the signature shall not be subject to signature verification if:
    1. The signer provides a house number that is different from their registered address. However, if the voter reregistered with the new address by the day the petition is signed, then the signature shall be subject to signature verification.
    2. The signer transposes the house number of the residence address. However, if the signer signed the same petition twice, but transposed the house number on one of the two signatures, the signature with the correct information will be subject to signature verification, while the other will be invalidated as unregistered (if the house number exists) or as a duplicate (if the house number does not exist).
    3. The signer does not use their own handwriting to write their name, residence address or signature, or that information is preprinted prior to circulation. However, if the signer is disabled and cannot print or sign their name or write their residence address, or if the voter has a signature stamp that is the same as on the voter’s registration record, the signature is subject to signature verification. In either case, a witness must also sign for the signature to be valid.
    4. The signer provides a P.O. Box only or provides no address whatsoever. However, if the signer has no residence address (for example, a homeless voter) and the signer provides the original identifying information that placed them in a precinct, the signature shall be subject to signature verification.
    5. The signer fails to provide the name of the city and the zip code.
    6. The signer has no residence address and provides cross streets on the petition that do not match the cross streets on the voter’s registration record.
    7. The signer is a pre-registered voter and is not yet 18 years of age at the time of signing.
      1. If the pre-registered voter turned 18 during the dates between which all the signatures to the petition or paper were obtained as reported in the declaration signed by the circulator of the petition, it shall be presumed that the voter was 18 at the time of signing.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 100, 100.5, 105, 354.5, 2102, 2150, and 9020, Elections Code; Section 12172.5, Government Code.

ARTICLE 4. VOTER REGISTRATION STATUS

20940. Timing of Registration

  1. The signer of a petition must be a registered voter at the time they sign the petition. Registration can be done at the same time the petition is signed. The provisions of this Article provide the elections official with direction on how to properly determine registration status within the jurisdiction where the petition was circulated. Any determination of timing or effective date of a registration shall be made in accordance with Section 19076 of Article 2.5 of Chapter 1 of Division 7 of Title 2 of the California Code of Regulations.
  2. The signer shall be deemed properly and timely registered and the signature shall be included in a raw count and the signature shall be subject to signature verification if:
    1. The voter’s current residence address in the voter’s registration record is different due to an update to the voter’s record, but was the correct residence address on any date between the dates which all the signatures to the petition or paper were obtained as reported in the declaration signed by the circulator of the petition.
    2. The signer’s voter registration affidavit does not contain a date of execution and was received by the elections official on or before the last date of circulation of the petition section.
  3. The signer shall be deemed properly and timely registered and the signature shall be included a in a raw count, but the signature shall not be subject to signature verification if:
    1. The signer has a different residence address, but the residence address is within the non-traditional precinct where the petition is circulated.
    2. The signer’s voter registration affidavit is executed after the dates which all the signatures to the petition or paper were obtained as reported in the declaration signed by the circulator of the petition.
    3. The signer has preregistered to vote but was not 18 years of age on any date between the dates which all the signatures to the petition or paper were obtained as reported in the declaration signed by the circulator of the petition.
    4. The signer’s voter registration affidavit does not contain a date of execution and the voter’s registration affidavit was received by the elections official after the last date of circulation of the petition.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 100, 2102, 2035, 2116, and 14311, Elections Code; Section 12172.5, Government Code.

20941. Automatic Updates to a Voter’s Registration

If a voter’s registration is automatically updated after the petition was circulated, the signature shall be included in a raw count and the signature shall be subject to signature verification if:

  1. The voter’s address on the petition is the same as the address provided after the automatic update, and the effective date of the change is on or before the voter signed the petition. However, if the address on the petition is the same as the address provided after the automatic update, but the effective date of the change is after the voter signed the petition, the signature shall be included in a raw count, but the signature shall not be subject to signature verification.
  2. The voter’s address on the petition is different from the address provided after the automatic update, and the effective date of the change is after the date the voter signed the petition. However, if the address on the petition is different from the address provided after the automatic update, but the effective date of the change is on or before the voter signed the petition, the signature shall be included in a raw count, but the signature shall not be subject to signature verification.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: 52 U.S.C. 20507; Sections 2220, 2221, 2222, 2223, 2224, 2225, 2226, 2227, and 2263 Elections Code; Section 12172.5, Government Code.

20942. Canceled and Inactive Registrations

  1. A petition signature shall be included in a raw count and shall be subject to signature verification if the address on the voter’s registration is different than the address provided on the petition or the voter is no longer registered, but they are at the correct address as a confirmed canceled voter and one of the following apply:
    1. The effective date of the cancelation of the voter’s registration was after the last date of circulation of the petition. However, if the effective date of the voter’s cancelation was before the first date of circulation of the petition or at a different address, the elections official shall include the signature in a raw count but the signature shall not be subject to signature verification.
    2. The voter’s registration was canceled in error.
  2. A petition signature shall be included in a raw count and shall be subject to signature verification, and the voter’s address shall be restored to the original address, if the address provided on the petition is the same as the address on the voter’s registration, but the voter is an unconfirmed inactive voter.
  3. If a voter with a registration status of inactive, as defined by Section 19062(o) of Article 2.5 of Chapter 1 of Division 7 of Title 2 of the California Code of Regulations, signs a petition, provides a residence on a petition that matches the residence address in the voter’s record, and signature compares to the signature in the voter’s registration record, the elections official shall update the voter’s status to active.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 100, 2102, 2201, 2220, 2221, 2222, 2223, 2224, 2225, 2226, and 2227, Elections Code; Section 12172.5, Government Code.

ARTICLE 5. DECLARATION OF CIRCULATOR

20950. Declaration of Circulator

  1. A petition signature shall be included in a raw count and the signature shall be subject to signature verification if the declaration of circulator complies with the applicable Elections Code sections for the type of petition being examined.
  2. Notwithstanding subdivision (a), a petition signature shall be included in a raw count and the signature shall be subject to signature verification if:
    1. The circulator failed to sign their entire name, including their middle name.
    2. The dates of circulation in the declaration of circulator are in handwriting different from the circulator’s handwriting, and the difference is subtle or not readily apparent.
    3. The year of circulation provided in the circulator’s declaration is preprinted or stamped, but the month and day are hand-written.
    4. The declaration of circulator has no date of execution and no dates of circulation, but the circulator has signed the petition and provided a date of signing.
    5. The declaration of circulator contains a space for the beginning date of circulation and a separate space for the ending date of circulation, and only one of the spaces is complete.
    6. The declaration of circulator contains either a date of circulation or a date of execution, but not both.
    7. The dates on the declaration of circulator are after the date the petition section was filed.
    8. The petition section contains dates supplied voluntarily by the signer(s), and conflict with the dates contained in the declaration of circulator.
    9. The circulator is not registered to vote or is not registered in the jurisdiction in which the petition is circulated.
    10. The circulator is not a resident of the state or political jurisdiction in which the petition is circulated.
    11. The declaration of circulator does not contain an address, or only a P.O. Box address is provided.
    12. The circulator failed to sign the declaration of circulator, but is also a signer on the same petition section and provides their residence address and signature.
  3. Notwithstanding subdivisions (a) and (b), a petition signature shall be included in a raw count, but the signature shall not be subject to signature verification if:
    1. Signatures appear in the signer’s spaces, but the declaration of circulator is left blank or is unsigned.
    2. It is readily apparent that the dates of circulation in the declaration of circulator are in handwriting different from the circulator’s handwriting.
    3. The day of the month and/or the month provided in the circulator’s declaration is preprinted or stamped.
    4. The declaration of circulator has no date of execution and no dates of circulation.
    5. The month, day, or year of circulation in the declaration of circulator precede the first date of circulation.
    6. Information that must be in the circulator’s own handwriting in the declaration of circulator is photocopied.
    7. The circulator did not sign the declaration of circulator and is not a signer of that petition section.
  4. If the petition section contains generalized dates of circulation, the following shall apply:
    1. A petition signature shall be included in a raw count and the signature shall be subject to signature verification if the circulator’s declaration contains only a month and year, and:
      1. the voter’s registration was on or before the last day of circulation. Example: Circulation date – April 2020 and the petition is filed May 28, 2020; the last date of circulation is deemed to be April 30, 2020.
      2. the voter’s registration was on or before the petition file date. Example: Circulation date – April 2020 and the petition is filed April 15, 2020; the last date of circulation is deemed to be April 15, 2020.
    2. A petition signature shall be included in a raw count, but the signature shall not be subject to signature verification if the circulator’s declaration contains only a month and year, and the voter’s registration was after the last day of circulation. Example: Circulation date is April 2020 and the petition is filed April 15, 2020; the last date of circulation is deemed to be April 15, 2020 and the voter registration date is April 18, 2020.
  5. The elections official shall verify that one of the following conditions is met:
    1. The petition includes the disclosure statement described by subdivision (b) of Elections Code section 107, or
    2. A declaration by the circulator is present stating that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet, as required by Elections Code section 107.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 102, 104, 107, 2102, 8066, 8451, 9021, 9022, 9109, 9022, 11045, and 11046, Elections Code; Section 12172.5, Government Code.

ARTICLE 6. SIGNATURE COMPARISON

20960. Signature Verification Process

  1. For signature verification, the elections official must compare the signature on an initiative, referendum, recall, nominating petition or paper, signature in-lieu of filing fee, and any other petition or paper must be compared to the voter’s signature(s) in the voter’s registration record. In addition, the elections official must compare the signature on a voted vote-by-mail envelope and a voted provisional ballot envelope to the voter’s signature(s) in the voter’s registration record prior to counting a ballot.
  2. On initial review, elections officials shall seek to eliminate the visibility of identifying information. When comparing signatures, the elections official shall not review or consider a voter’s party preference, race, or ethnicity.
  3. The comparison of a signature shall begin with the basic presumption that the signature on the petition, the vote-by-mail identification envelope, signature verification statement, unsigned ballot statement, or provisional ballot envelope is the voter’s signature.
  4. Exact matches are not required for an elections official to confirm a valid signature. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
  5. Similar characteristics between a signature being compared and any signature in the voter’s registration record are sufficient to determine a signature is valid.
  6. In comparing the signatures, the elections official may consider the following characteristics when visually comparing a signature to determine whether the signatures are from the same signer:
    1. Slant of the signature.
    2. Signature is printed or in cursive.
    3. Size, proportions, or scale.
    4. Individual characteristics, such as how the “t’s” are crossed, “i’s” are dotted, or loops are made on the letters f, g, j, y, or z.
    5. Spacing between the letters within the first and/or last name and between first and last name.
    6. Line direction.
    7. Letter formations.
    8. Proportion or ratio of the letters in the signature.
    9. Initial strokes and connecting strokes of the signature.
    10. Similar endings such as an abrupt end, a long tail, or loop back around.
    11. Speed of the writing.
    12. Presence or absence of pen lifts.
    13. Misspelled names.
  7. In comparing signatures on a petition, vote-by-mail identification envelope, signature verification statement, unsigned ballot statement, or provisional ballot envelope, elections officials shall consider as explanations for the following discrepancies in signatures:
    1. Evidence of trembling or shaking in a signature could be health-related or the result of aging.
    2. The voter may have used a variation of their full legal name, including, but not limited to the use of initials, or the rearrangement of components of their full legal name, such as a reversal of first and last names, use of a middle name in place of a first name, or omitting a second last name.
    3. The voter’s signature style may have changed over time.
    4. The signature may have been written in haste.
    5. A signature in the voter’s registration file may have been written with a stylus pen or other electronic signature tool that may result in a thick or fuzzy quality.
    6. The surface of the location where the signature was made may have been hard, soft, uneven, or unstable.
  8. In addition to the characteristics listed in subdivisions (f) and (g), the elections official may also consider factors applicable to a particular voter, such as the age of the voter, the age of the signature(s) contained in the voter’s record, the possibility that the voter is disabled, the voter’s primary language, and the quality of any digitized signature(s) contained in the voter’s record.
  9. Only a signature possessing multiple, significant, and obvious differing characteristics with all signatures in the voter’s registration record will be subject to additional review by the elections official.
  10. A signature that the initial reviewer identifies as possessing multiple, significant, and obvious distinctive differing characteristics from the signature(s) in the voter’s registration record shall only be rejected if two different elections officials unanimously find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record.
  11. When evaluating signatures, elections officials may review using broad characteristics to evaluate an entire signature as a unit or they may narrow the scope of their examination to that of specific letters within a signature.
  12. A signature made using a mark, such as an “X”, or made by a signature stamp is presumed valid and shall be accepted if it meets the requirements set forth in Elections Code section 354.5.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 354.5, 3019 and 14310, Elections Code; Section 12172.5, Government Code.

20961. Signature Verification Technology

In the event the elections official uses signature verification technology to compare the signature on a vote-by-mail ballot identification envelope to the signature(s) in the voter’s registration file, and the technology rejects the signature, the elections official shall utilize the provisions of Elections Code section 3019 and Section 20960 to manually compare the signature.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Section 3019, Elections Code; Section 12172.5, Government Code.

20962. Signature Verification Training

The Secretary of State shall, in coordination with county elections officials, provide a yearly training program for elections officials and staff who are responsible for the signature verification process.

Note: Authority cited: Section 12172.5, Government Code. Reference cited: Section 3019, Elections Code; Section 12172.5, Government Code.

ARTICLE 7. SIGNATURE WITHDRAWAL

20970. Signature Withdrawal

  1. A voter who has signed an initiative, referendum, or recall petition may submit a written request to the appropriate elections official to request that their name removed from the petition.
  2. An elections official who receives a written request from a voter who wishes to remove their signature from a petition shall use the following guidelines when reviewing a written request:
    1. The written request shall not be accepted if any of the following are missing from the request:
      1. The identification of the petition – either a name or a number.
      2. The signature of the voter.
      3. The current residence address of the voter.
      4. A statement that the voter seeks to withdraw a signature after signing a petition.
    2. A pre-printed request to withdraw a signature from a petition is valid if all of the required information is included, and the request contains the signature of the voter.
    3. If the signature on the written request does not compare with the signature in the voter’s registration record, the withdrawal shall not be accepted.
    4. The written request must be received prior to the date the petition is filed. Any written request to withdraw received after the date the petition is filed shall not be accepted. This section shall not apply to a supplemental withdrawal period for a recall petition.
    5. If the written request is dated the date the petition is filed, or after, but is received prior to the day the petition is filed, the request may be accepted.
    6. If the written request is dated prior to the date the petition section is circulated containing the signature and the request is received prior to the date the petition section is filed, the request may be accepted.
    7. The written request may be received by fax or email, but the request must be received prior to the day the petition is filed in order to be accepted.

    Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 103, 9602, 11108, and 11303, Elections Code; Section 12172.5, Government Code.

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    ARTICLE 9. PROCESSING OF VOTE-BY-MAIL AND PROVISIONAL BALLOTS

    20990. Vote-by-mail Ballot Processing and Return Status

    1. Upon receipt of a voted vote-by-mail ballot, the elections official shall, immediately upon receipt and/or processing the ballot identification envelope, enter the return status of that ballot into the statewide voter registration system pursuant to Section 19091(c) of Article 2.5 of Chapter 1 of Division 7 of Title 2 of the California Code of Regulations.
    2. The received vote-by-mail ballot shall be processed in accordance with Elections Code section 3019.
    3. The signature on the vote-by-mail ballot identification envelope shall be examined pursuant to Section 20960 and Elections Code section 3019. The examination of the signature shall be liberally construed in the favor of the voter.
    4. If the voter did not sign the vote-by-mail ballot identification envelope, or if the elections official has determined that the signature on the vote-by-mail ballot identification envelope does not compare to the signature(s) of the voter in the voter’s record, the elections official shall, unless impracticable under the circumstances, on or before the next business day after the signature issue was discovered, provide the voter with the applicable notice to cure the missing or mismatched signature pursuant to Elections Code section 3019(d) or (e).
    5. For the notice described in subdivision (d), the elections official shall:
      1. Provide the notice to the voter in the voter’s preferred language that is covered by Section 203 of the Federal Voting Rights Act of 1965.
      2. Include a statement on the notice that the signature provided by the voter may be added to the voter’s registration record to be used for signature comparison purposes in future elections, if the signature provided in the cure compares to the signature(s) of the voter in the voter’s record.
      3. Include a postage-paid return envelope with the notice for the voter to return their signature cure.
    6. Upon the final adjudication of the voted vote-by-mail ballot, the elections official shall enter the appropriate reason code for the disposition of the ballot into the statewide voter registration system in accordance with Section 19092 of Article 2.5 of Chapter 1 of Division 7 of Title 2 of the California Code of Regulations.

    Note: Authority cited: Section 3026, Elections Code; Section 12172.5, Government Code. Reference cited: 52 U.S.C. 10503; Sections 3010, 3019, and 14201, Elections Code; Section 12172.5, Government Code.

    20991. Standards for Valid and Invalid Vote-by-Mail Ballots

    1. A vote-by-mail ballot shall be subject to the standards provided in the approved use procedures for the system on which it is processed and the provisions of the Elections Code. In addition, the following standards shall also apply.
    2. A voter's ballot shall be considered a valid ballot, if the:
      1. Voter's signature on the returned vote-by-mail identification envelope compares with the signature(s) in the voter’s registration record.
      2. Damaged, torn or otherwise non-processable ballot can be duplicated to exactly reflect the voter's choices and thereby enable the ballot to be processed on the system provided for that purpose. Standards for duplicating ballots are set forth in Elections Code section 15210 and in the applicable voting system use procedures for the county. In addition, a ballot received from a voter who uses a remote accessible vote-by-mail ballot system shall have their ballot duplicated for processing.
      3. Voter prints their name on the signature portion of the vote-by-mail ballot identification envelope, and it compares with a printed signature(s) in the voter’s registration record.
      4. Voter uses a variation of the signature(s) appearing in the voter’s registration record caused by the substitution of initials for the first or middle name, or both, and the signature compares with the affidavit of registration or the signature(s) in the voter’s registration record, as identified in Section 20960(g)(2).
      5. Voter does not sign the vote-by-mail ballot identification envelope in the appropriate space, but the signature does appear elsewhere on the identification envelope and compares with the signature(s) in the voter’s registration record.
      6. Voter uses a mark on both the vote-by-mail ballot identification envelope and the affidavit of voter registration, and the mark compares.
      7. Vote-by-mail ballot is postmarked or date stamped on or before Election Day by a bona fide private mail delivery service and received by the elections official in accordance with Elections Code section 3020.
      8. Vote-by-mail ballot identification envelope has no dated postmark, the postmark is illegible, and there is no date stamp for receipt from a bona fide private mail delivery service, but the voter has dated the vote-by-mail ballot identification envelope or the envelope otherwise indicates that the ballot was executed on or before Election Day and the ballot was received by the elections official in accordance with Elections Code section 3020.
      9. Voter, instead of using his or her their official ballot, marks a sample ballot and mails it in the vote-by-mail ballot identification envelope and the signature on the identification envelope compares with the signature(s) in the voter’s registration record.
      10. Two or more ballots are returned in one vote-by-mail ballot identification envelope, and there are an equal number of distinct signatures on the identification envelope that can be attributed to eligible vote-by-mail voters and each of these signatures compares with the signature(s) in the applicable voter’s registration record.
      11. The voter returns their vote-by-mail ballot identification envelope of a different voter, but the elections official is able to identify the correct voter and the voter’s signature compares with the signature(s) in the voter’s registration record.
      12. A military or overseas voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia and transmits a voted ballot by facsimile pursuant to Elections Code section 3106.
      13. Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died after the date the vote-by-mail ballot was cast Absent convincing evidence otherwise, it shall be presumed that a ballot was validly cast before the voter died.
    3. A voter's ballot shall be considered an invalid ballot, if the:
      1. Elections official has determined that the signature on the vote-by-mail ballot identification envelope does not compare to the voter’s signature in the voter’s registration record, and pursuant to California Elections Code section 3019(d), the voter does not cure the ballot by providing the elections official with a signed form within the timeframe provided by Section 3019(d).
      2. Vote-by-mail ballot envelope is not signed by the voter and pursuant to California Elections Code section 3019(e), the voter does not cure the ballot by providing the elections official with a signed form within the timeframe provided by Section 3019(e).
      3. Vote-by-mail ballot identification envelope is signed using power of attorney.
      4. Vote-by-mail ballot is not timely received by the voter's elections official via the United States Postal Service or a bona fide private mail delivery company in accordance with Elections Code section 3020.
      5. Vote-by-mail ballot is delivered by USPS or bona fide private mail service to the elections official in accordance with Elections Code section 3020, but the postmark or private mail service date stamp indicates that it was received by the carrier after Election Day.
      6. Vote-by-mail ballot is delivered by USPS or bona fide private mail service to the elections official in accordance with Elections Code section 3020 without a legible postmark date or date stamp from the private mail service and the vote-by-mail ballot identification envelope indicates the ballot was executed after Election Day.
      7. Vote-by-mail ballot is received by elections official after Election Day by some method other than USPS or bona fide private mail service.
      8. Voter, who is not a military or overseas voter, transmits their voted ballot by facsimile.
      9. The signature on the form provided by either Elections Code section 3019(d) or (e), when compared to the signature(s) in the voter’s registration record, does not appear to be the same.
      10. Vote-by-mail ballot identification envelope contains two or more voted vote-by-mail ballots but there are less than an equal number of distinct signatures on the vote-by-mail envelope. In this instance neither ballot shall be counted.
      11. Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died prior to the date the vote-by-mail ballot was cast.

    Note: Authority cited: Section 12172.5, Government Code. Reference cited: 52 U.S.C. Section 21081(a)(6); Sections 303.3, 3009, 3011, 3017, 3019, 3020, 3106, and 15210, Elections Code; Section 12172.5, Government Code.

    20992. Provisional Ballot Processing and Return Status

    1. Upon receipt of a voted provisional ballot, the elections official shall, immediately upon adjudication of the ballot, enter the status of that ballot into the statewide voter registration system pursuant to Section 19093 of Article 2.5 of Chapter 1 of Division 7 of Title 2 of the California Code of Regulations.
    2. The voted provisional ballot shall be processed in accordance with Elections Code section 14310.
    3. The signature on the provisional ballot envelope shall be examined pursuant to Section 20960 and Elections Code section 14310. The examination of the signature shall be liberally construed in the favor of the voter.
    4. If the voter did not sign the provisional ballot envelope, or if the elections official has determined that the signature on the provision ballot envelope does not compare to the signature(s) of the voter in the voter’s record, the elections official shall, unless impracticable under the circumstances, on or before the next business day after the signature issue was discovered, provide the voter with the applicable notice to cure the missing or mismatched signature pursuant to Elections Code section 3019(d) or (e).
    5. For the notice described in subdivision (d), the elections official shall:
      1. Provide the notice to the voter in the voter’s preferred language that is covered by Section 203 of the Federal Voting Rights Act of 1965.
      2. Include a statement on the notice that the signature provided by the voter may be added to the voter’s registration record to be used for signature comparison purposes in future elections, if the signature provided in the cure compares to the signature(s) of the voter in the voter’s record.
      3. Include a postage-paid return envelope with the notice for the voter to return their signature cure.
    6. Upon the final adjudication of the voted provisional ballot, the elections official shall enter the appropriate reason code for the disposition of that ballot into the statewide voter registration system in accordance with Section 19094 of Article 2.5 of Chapter 1 of Division 7 of Title 2 of the California Code of Regulations.

    Note: Authority cited: Section 12172.5, Government Code. Reference cited: Sections 14310, 14314, Elections Code; Section 12172.5, Government Code.

    20993. Standards for Valid and Invalid Provisional Ballots

    1. A provisional ballot shall be subject to the standards in the section applicable to the voting system on which it is processed. In addition to those standards, the following standards shall also apply.
    2. A voter's choice shall be considered a valid vote, if the:
      1. Voter casts a provisional ballot and the voter's eligibility can be confirmed and the voter's choice is clearly marked, the vote shall be counted. The determination of eligibility to vote shall be liberally construed in favor of the voter.
      2. Voter casts a provisional ballot for a precinct other than the precinct in which the voter was legally entitled to vote, all votes properly cast in contests for which the voter was legally entitled to vote will be counted.
      3. Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died after the date the provisional ballot was cast.
    3. A voter's choice shall be considered an invalid vote, if the:
      1. Voter casts a provisional ballot and the voter's ineligibility is confirmed by clear and convincing evidence based upon a review of available records, in which case the ballot shall not be counted.
        1. Examples of records that may be sufficient to demonstrate a voter’s ineligibility include, but are not limited to:
          1. Information recently provided by the California Department of Corrections and Rehabilitation or a county superior court that clearly and convincingly states that the voter is ineligible to vote because they are currently serving a state or federal prison term for the conviction of a felony.
          2. Information recently provided by a county superior court that clearly and convincingly states that the court has made a determination of incompetency to vote
          3. Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died prior to the date the provisional ballot was cast.
      2. Voter casts a provisional ballot for a precinct other than the precinct in which the voter was legally entitled to vote, in which case all votes cast in contests for which the voter was not legally entitled to vote will not be counted.

    Note: Authority cited: Section 14314, Elections Code; Section 12172.5, Government Code. Reference cited: 52 U.S.C. Section 21081(a)(6); Section 14310, Elections Code; Section 12172.5, Government Code.