California Code of Regulations

Title 2. Administration

Division 7. Secretary of State

Chapter 4. Punch Cards and Ballot Paper

Article 1. General

  • 20200. Applicability of This Chapter.
  • 20203. Ballot Card.
  • 20204. Card Stock.
  • 20205. Finisher.
  • 20206. Format.
  • 20207. Manufacturer.
  • 20208. Release.
  • 20209. Roll.
  • 20210. Sheet.
  • 20211. Tint.
  • 20212. Unfinished Ballot Card.
  • 20213. User.
  • 20214. Warehouse.
  • 20220. Manufacturer and Finisher Certification Required.
  • 20221. Form of Application for Certification.
  • 20222. Inspections of Facilities Prior to Certification.
  • 20223. Approval of Application.
  • 20224. Revocation of Certification.
  • 20225. Change in Manufacturing and Finishing Procedures.
  • 20226. Publish List of Approved Manufacturers and Finishers.
  • 20227. Exception to Application Requirement for Certain Manufacturers and Finishers.
  • 20230. Inspections of Facilities; Enforcement of Regulations.
  • 20235. Request for Ballot Card Release Required.
  • 20236. Form of Request.
  • 20237. Purchase of Ballot Cards from the Secretary of State; Request.
  • 20238. Subcontracting of Manufacturing or Finishing.
  • 20245. Activity Report.
  • 20247. Warehouse Inventory Control Record.
  • 20249. Printing Plate Secured with Seal; Report.
  • 20250. Scrap Destruction; Report.
  • 20251. Unused Unfinished Ballot Cards; Report.
  • 20252. Unused Sheets; Report.
  • 20253. Activity Reports Transmitted to the Secretary of State.
  • 20254. Physical Inventories.
  • 20255. Storage; Security.
  • 20256. Packaging Ballot Cards.
  • 20257. Shipment of Ballot Cards; Report.
  • 20258. Shipment of Unfinished Ballot Cards; Report.
  • 20259. Shipment of Sheets; Report.
  • 20260. Transportation Methods.
  • 20261. Security; Responsibility.
  • 20262. Shipment of Sheets or Unfinished Ballot Cards.
  • 20265. Warehouse Security.
  • 20266. Authorization for Access.
  • 20267. Access Log.

20200.   Applicability of This Chapter.

The procedure specified hereunder shall be used by all persons (hereinafter "user") who wish to order the manufacture of their ballot cards for use in California elections. These regulations also apply to those processes used by the Secretary of State to order the manufacture of unfinished ballot cards or of sheets, or to warehouse such sheets or unfinished ballot cards, for resale to local election jurisdictions.

Note: Authority cited: Sections 10002 and 10002.5, Elections Code. Reference: Sections 10002, 10002.5 and 10003, Elections Code.

History

  1. New Chapter 4 (Articles 1-8, Sections 20200-20267, not consecutive) filed 2- 11-81; effective thirtieth day thereafter (Register 81, No. 7).

20203.   Ballot Card.

Ballot card means card stock processed to final form for use by voters to punch, slot, or mark their choices in California elections.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20204.   Card Stock.

Card stock means paper manufactured in accordance with certain specifications rendering it suitable for use in card reading equipment.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20205.   Finisher.

Finisher means a Secretary of State certified vendor which processes sheets or unfinished ballot cards to make ballot cards to be used in California elections.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20206.   Format.

Format is a term used to distinguish the pattern of prescoring of unfinished ballot cards or ballot cards (eg. 312-, 228-, 52-Hole).

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20207.   Manufacturer.

Manufacturer means a Secretary of State certified vendor which processes card stock to make sheets or unfinished ballot cards, or to make ballot cards by a continuous process involving a single machine, to be used in California elections.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20208.   Release.

Release means:

  1. Authorization by the Secretary of State to manufacture ballot cards for a user or to remove sheets or unfinished ballot cards from the warehouse for finishing or shipment to a finisher. Each release will specify the items listed in Article 5, or
  2. Purchase order issued by the State of California to obtain sheets and unfinished ballot cards for warehousing by the Secretary of State and their subsequent resale to users.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20209.   Roll.

Roll means card stock in web form, trimmed to a width of 3 1/4 inches or multiples thereof. Rolls are normally produced as an intermediate step in the production of unfinished ballot cards.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20210.   Sheet.

Sheet means card stock, tinted for use in California elections, sufficiently large for more than one ballot card and later to be cut, after printing, into individual ballot cards (compare unfinished ballot card).

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20211.   Tint.

Tint means a color and design prescribed by the Secretary of State which is printed on card stock for ballots to be used in California elections. Both color and design will be prescribed by the Secretary of State for each election.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20212.   Unfinished Ballot Card.

Unfinished ballot card means card stock. Tinted for use in California elections, cut to the width and approximate length of a single ballot card, and requiring one or more steps in the production of a ballot card. Unfinished ballot cards may have a transitory existence in those processes in which ballot cards are produced directly from untinted card stock (compare sheet).

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20213.   User.

User means any local election jurisdiction -county, city, or district -which conducts elections pursuant to the California Elections Code.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20214.   Warehouse.

Warehouse means any storage facility, including a building or portion of building, used for the storage of sheets or unfinished ballot cards until released to the finisher for production of ballot cards.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20220.   Manufacturer and Finisher Certification Required.

As either a principal or subcontractor, no vendor shall manufacture or finish ballot cards, sheets, or unfinished ballot cards for use in California elections, and no vendor shall accept or solicit orders for such cards, sheets, or unfinished ballot cards prior to certification as a manufacturer or finisher by the Secretary of State.

Note: Authority and reference cited: Section 10002, Elections Code.

20221.   Form of Application for Certification.

Applications for certification shall be made in writing to the Secretary of State in the form prescribed by the Secretary of State.

Note: Authority and reference cited: Section 10002, Elections Code.

20222.   Inspections of Facilities Prior to Certification.

Prior to certifying a manufacturer or finisher, or to certifying a change in equipment or procedures, the Secretary of State may make inspections, with or without prior notice, of such facilities and records of such manufacturer or finisher as the Secretary of State deems necessary.

Note: Authority and reference cited: Section 10002, Elections Code.

20223.   Approval of Application.

The Secretary of State will approve in writing any applicant whom the Secretary of State determines to be capable of manufacturing or finishing ballot cards, sheets, rolls, or unfinished ballot cards, to Secretary of State specifications.

Note: Authority and reference cited: Section 10002, Elections Code.

20224.   Revocation of Certification.

Certifications are valid until revoked by the Secretary of State. The Secretary of State will revoke a certification at any time upon determining tat the vendor is no longer capable of manufacturing or finishing ballot cards, sheets, or unfinished ballot cards or has failed to comply with these regulations without good cause which is acceptable to the Secretary of State.

Note: Authority and reference cited: Section 10002, Elections Code.

20225.   Change in Manufacturing and Finishing Procedures.

No change in the equipment or procedures used by any manufacturer or finisher to manufacture or finish ballot cards, rolls, sheets, or unfinished ballot cards shall be made without the prior express written approval of the Secretary of State. Applications for such approval shall be in writing and shall show substantially the same information as the initial application for certification of the manufacturer or finisher.

Note: Authority and reference cited: Section 10002, Elections Code.

20226.   Publish List of Approved Manufacturers and Finishers.

The Secretary of State will publish a list of approved manufacturers and finishers no later than January 1 of each year and within ten days of any changes to the list.

Note: Authority and reference cited: Section 10002, Elections Code.

20227.   Exception to Application Requirement for Certain Manufacturers and Finishers.

For the purpose of implementing the provisions of this article, those manufacturers and finishers from whom the State of California has purchased sheets or unfinished ballot cards, or from whom users have purchased ballot cards prior to the effective date of this regulation, are authorized to manufacture or finish ballot cards, sheets, or unfinished ballot cards without having to submit an application for such authorization. The Secretary of State will include names of such manufacturers and finishers in the original list of approved manufacturers and finishers.

Note: Authority and reference cited:Section 10002, Elections Code.

20230.   Inspections of Facilities; Enforcement of Regulations.

To ensure compliance with these regulations, the Secretary of State will make biennial inspections, with or without prior notice, of each warehouse and of the facilities of each approved manufacturer or finisher, and of the records of any warehouse, manufacturer, or finisher as the Secretary of State deems necessary.

The Secretary of State reserves the right to make additional inspections and, should the Secretary of State find that any warehouse, manufacturer, or finisher is not or may not be in compliance with these regulations, will take corrective action necessary to enforce compliance. The action may include, for warehouses found to be not in compliance with these regulations, the requiring of the withdrawal of ballot cards, sheets, or unfinished ballot cards from such warehouse, and the transfer of such ballot materials to warehouses which are in compliance with these regulations. This action may also include, but is not limited to, the withdrawal of authorization of the manufacturer or finisher to manufacture, store, or finish ballot cards, sheets or unfinished ballot cards tinted for use in California elections.

Note: Authority and reference cited: Section 10002, Elections Code.

20235.   Request for Ballot Card Release Required.

  1. Any user wishing to purchase ballot cards directly from the manufacturer, or wishing to have a finisher remove sheets or unfinished ballot cards from a warehouse for finishing, shall request in writing a release from the Secretary of State.
  2. No ballot cards, sheets, or unfinished ballot cards shall be manufactured, and no sheets or unfinished ballot cards shall be removed from the warehouse for finishing, prior to issuance of a specific release from the Secretary of State for such manufacturing or finishing. No ballot cards shall be manufactured or finished except in the format, tint, and quantity specified in the applicable release.
  3. No tinted card stock shall be used for any purpose other than manufacturing ballot cards for use in California elections.
  4. Manufacturers wishing to tint rolls in anticipation of receiving releases shall request in writing authorization for the Secretary of State to tint a sufficient number of rolls to meet expected orders. Such requests shall be substantially in the form of a request for release.
  5. This requirement of a written request for a release will not prevent any user from making a request to obtain a release by telephone from the Secretary of State when time is of the essence. Such telephoned request shall be confirmed immediately in writing.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20236.   Form of Request.

Each telephoned or written request shall contain the following information.

  1. Whether the user wishes to buy the ballot cards directly from a vendor or through the Secretary of State.
  2. Name and date of election.
    1. Name of finisher(s) if card stock is to be purchased from the Secretary of State; or
    2. Name of ballot card manufacturer, and finisher(s) if different, if card stock is not to be purchased from the Secretary of State.
    1. Format of card if card stock is to be purchased from the Secretary of State; or
    2. Format and tint of card if card stock is not to be purchased from the Secretary of State.
  5. Quantity for each format and tint (quantity is to be in multiples of 1,000 cards, or in whole reams, if sheets).
  6. Name, address, and phone number of requestor.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10002.5, Elections Code.

History

  1. Amendment filed 7-23-81; effective thirtieth day thereafter (Register 81, No. 30).

20237.   Purchase of Ballot Cards from the Secretary of State; Request.

In order that the Secretary of State have sufficient time to purchase and warehouse sheets or unfinished ballot cards for those users who choose to purchase their ballot cards through the Secretary of State rather than directly from the manufacturer, the Secretary of State must receive notice of the quantity of ballot cards needed from such users no later than the 182nd day before the election in which the ballot cards are to be used. The Secretary of State will be unable to supply sheets or unfinished ballot cards to users who do not meet this deadline. It will be necessary for such users to obtain a release and to purchase directly from manufacturers.

Note: Authority and reference cited: Sections 10002 and 10002.5, Elections Code.

20238.   Subcontracting of Manufacturing or Finishing.

If any part of any authorized order for manufacturing or finishing is to be subcontracted, then:

  1. The subcontractor shall be a vendor approved by the Secretary of State.
  2. The principal vendor shall inform the Secretary of State of the subcontract and shall state the quantity of ballot cards, sheets, or unfinished ballot cards to be manufactured or finished under the subcontract.
  3. The Secretary of State will issue releases in the same manner as for a principal contract.
  4. Subcontractors shall be governed under these regulations in the same manner as principal contractors.

Note: Authority and reference cited: Sections 10002 and 10002 .5, Elections Code.

20245.   Activity Report.

An Activity Report shall be made and shall set forth the following:

  1. The process involved:
    1. If the process involved is manufacturing, the report shall show whether sheets or unfinished ballot cards are being produced for shipment to a warehouse or finisher, or ballot cards are being produced for shipment to a user.
    2. If the process involved is finishing, the report shall show that the sheets or unfinished ballot cards are withdrawn from the warehouse to produce ballot cards for shipment to a user.
  2. User Name.
  3. Release number; date of release; and quantity released.
  4. Purchase order number.
  5. Format or sheet dimension.
  6. Tint. Supply information requested in g(1), g(2), g(3), g(4), or g(5) as appropriate:
    1. In the case of sheets or unfinished ballot cards received from a warehouse or manufacturer, or to be finished by the manufacturer:
      1. Quantity received, or transferred to finishing equipment if to be finished by manufacturer.
      2. Quantity finished and shipped to user (show date).
      3. Quantity scrapped in process.
      4. Quantity, in amounts of 1,000 per item, not finished and placed in warehouse or shipped to a warehouse specified by the user (show date).
      5. Quantity, less than 1,000, manufactured and destroyed (show date).
    2. In the case of ballot cards or unfinished ballot cards produced from rolls:
      1. Dates each printing plate, used for overprinting tint, removed from and returned to storage; Name of each person involved; and, the old and new seal numbers.
      2. Press counter start number and date.
      3. Press counter stop number and date.
      4. Quantity manufactured.
      5. Quantity finished and shipped to user (show date).
      6. Quantity manufactured and shipped to finisher (show date).
      7. Quantity scrapped in process.
      8. Quantity, in amounts of 1,000 per item, not finished and to warehouse or shipped to a warehouse specified by a user (show date).
      9. Quantity, in amounts less than 1,000 per item, not finished and destroyed (show date).
    3. In the case of production of sheets:
      1. Dates each printing plate, used for overprinting tint, removed from and returned to storage; Name of each person involved; and, the old and new seal numbers.
      2. Press counter start number and date.
      3. Press counter stop number and date.
      4. Number of sheets produced.
      5. Length and width of sheet.
      6. Number of ballot cards to be printed on each sheet.
    4. In the case of production of tinted rolls:
      1. Dates each printing plate, used for overprinting tint, removed from and returned to storage; Name of each person involved; and, the old and new seal numbers.
      2. Number of rolls produced.
      3. Length of roll.
    5. In the case of ballot cards or unfinished ballot cards produced from sheets or tinted rolls:
      1. Quantity manufactured.
      2. Quantity finished and shipped to user (show date).
      3. Quantity manufactured and shipped to finisher (show date).
      4. Quantity scrapped in process.
      5. Quantity, in amounts of 1,000 per item, not finished and to warehouse or shipped to a warehouse specified by a user (show date).
      6. Quantity, in amounts less than 1,000 per item, not finished and destroyed (show date).

Note: Authority and reference cited: Section 10002, Elections Code.

20247.   Warehouse Inventory Control Record.

A Warehouse Inventory Control Record shall be maintained by tint and format, or by tint and sheet dimension, and shall show:

  1. Release number.
  2. Purchase order number.
  3. Format or sheet dimension.
  4. Tint.
  5. Activity date.
  6. Quantity placed in warehouse.
  7. Quantity removed.
  8. Balance on hand in reams or number of unfinished ballot cards.

Note: Authority cited: Section 10002 Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20249.   Printing Plate Secured with Seal; Report.

  1. When not in use, printing plates used to overprint a tint on card stock for use in California elections shall be kept either in an enclosure which shall be secured with a numbered seal, or in other enclosure approved in writing by the Secretary of State.
  2. Each time the printing plates are removed from storage, used for tinting or returned to storage, an Activity Report shall be completed to record the transaction and use.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20250.   Scrap Destruction; Report.

During the manufacturing process, all scrap shall be cut or otherwise rendered unusable as ballot cards after each shift. Activity Report entries shall be prepared at the time of destruction.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20251.   Unused Unfinished Ballot Cards; Report.

  1. Unused unfinished ballot cards in units of 1,000 shall be returned to the warehouse and the quantity entered on the Activity Report and the Warehouse Inventory Control Record.
  2. Unused unfinished ballot cards in quantities less than 1,000 shall be rendered unusable as ballot cards, and an Activity Report entry setting forth destruction shall be made.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20252.   Unused Sheets; Report.

  1. Unused sheets, in ream lots, shall be returned to the warehouse and the quantity shall be entered on the Activity Report and the Warehouse Inventory Control Record.
  2. Unused sheets in less than ream-lot quantity shall be rendered unusable as ballot cards, and an Activity Report entry setting forth such destruction shall be made.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20253.   Activity Reports Transmitted to the Secretary of State.

Completed Activity Reports shall be sent to the Secretary of State by each manufacturer or finisher within seven (7) days of the manufacturer's or finisher's completion of any work authorized by any release.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20254.   Physical Inventories.

Physical inventories shall be taken on January 15th, April 15th, July 15th, and October 15th of each year. Inventories shall be completed and a report in writing showing the quantity of each item in the warehouse shall be sent to the Secretary of State within seven (7) days of these dates.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20255.   Storage; Security.

All tinted card stock not shipped from the manufacturer's facility shall remain in a secured area of the manufacturer's facility until converted to ballot cards, shipped, or placed in a warehouse. All sheets or unfinished ballot cards which are to be finished by the manufacturer will be placed in a warehouse unless finishing directly follows manufacturing. Finishers shall store in a warehouse all unfinished ballot cards they receive from a manufacturer until they are ready to finish them.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20256.   Packaging Ballot Cards.

All ballot cards shall be packaged in accordance with the instructions of the user.

Note: Authority and reference cited: Section 10002, Elections Code.

20257.   Shipment of Ballot Cards; Report.

Upon finishing ballot cards, each finisher shall complete an Activity Report, and send it to the Secretary of State as prescribed in Section 20253. Upon receipt, each user shall report, independently of the finisher's report, the quantity of ballot cards of each format and tint received from the finisher. The shipment shall be identified by release number(s).

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20258.   Shipment of Unfinished Ballot Cards; Report.

Manufacturers shipping unfinished ballot cards shall complete an Activity Report, and:

  1. The unfinished ballot cards shall be packaged in cardboard containers which completely enclose them, one thousand (1,000) unfinished ballot cards per container.
  2. Such containers shall be placed in humidity-proof cardboard cases, five to a case. (c) Each such case shall have affixed thereto a label containing the following information:
    1. Format.
    2. Tint.
    3. Purchase Order Number.
    4. Date of Shipment.
    5. Factory Order Number.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20259.   Shipment of Sheets; Report.

Manufacturers shipping sheets shall complete an Activity Report and:

  1. Sheets shall be packaged in multiples of whole reams, ream marked.
  2. Each such package shall be wrapped in waterproof paper covered with kraft paper wrapper, which bears a label stating:
    1. Sheet size.
    2. Tint.
    3. Number of Reams in the package.
    4. Direction of grain.
    5. Purchase Order Number.
    6. Date of Shipment.
    7. Factory Order Number.
  3. All sheets shall be shipped in accordance with the instructions of the user.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002 and 10003, Elections Code.

20260.   Transportation Methods.

Unfinished ballot cards or sheets shall be shipped by covered motor freight, by train, or by air. Covered motor freight shall not include pickups, flat-beds, or stake-side vehicles whether or not covered by a tarpaulin.

Note: Authority and reference cited: Section 10002, Elections Code.

20261.   Security; Responsibility.

The shipper is charged with full responsibility for the security of all ballot cards, sheets, or unfinished ballot cards until acceptance of delivery at destination.

Note: Authority and reference cited: Section 10002, Elections Code.

20262.   Shipment of Sheets or Unfinished Ballot Cards.

Manufacturers shipping sheets or unfinished ballot cards shall report to the Secretary of State immediately upon shipment the quantity shipped and the scheduled delivery date.

Note: Authority cited: Section 10002, Elections Code. Reference: Sections 10002, 10002.5 and 10003, Elections Code.

20265.   Warehouse Security.

At all times, a warehouse shall be secured with a numbered seal.

Note: Authority and reference cited: Section 10002, Elections Code.

20266.   Authorization for Access.

  1. A letter listing those persons proposed for authorized access to each warehouse shall be submitted to the Secretary of State who will respond by letter and will add the names of the Secretary of State personnel authorized to enter the warehouse. A copy of this letter shall be placed in the warehouse inventory control record. Access shall be limited to those persons named therein.
  2. Secretary of State personnel who are listed as authorized for access may, when visiting a warehouse site, authorize additional persons to have temporary access during the visit.

Note: Authority and reference cited: Section 10002, Elections Code.

20267.   Access Log.

An access log shall be maintained within the area of the warehouse wherein the sheets or unfinished ballot cards are stored. This log shall record:

  1. The name of each person entering the warehouse.
  2. The seal number destroyed in entering.
  3. The seal number resealing the warehouse.

Note: Authority and reference cited: Section 10002, Elections Code.