California Elections Code 14240 – (a) A person offering to vote may be orally challenged within …
(a) A person offering to vote may be orally challenged within the polling place only by a member of the precinct board upon any or all of the following grounds:
(1) That the voter is not the person whose name appears on the roster.
Terms Used In California Elections Code 14240
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- Elections official: means any of the following:
California Elections Code 320
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
- Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
- precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
- Voter: means any elector who is registered under this code. See California Elections Code 359
(2) That the voter is not a resident of the precinct, or in an election conducted using a voter center, not a resident of the county.
(3) That the voter is not a citizen of the United States.
(4) That the voter has voted in that election.
(b) A person, other than a member of a precinct board or other official responsible for the conduct of the election, shall not challenge or question any voter concerning the voter’s qualifications to vote.
(c) If any member of a precinct board receives, by mail or otherwise, any document or list concerning the residence or other voting qualifications of any person or persons, with the express or implied suggestion, request, or demand that the person or persons be challenged, the board member shall first determine whether the document or list contains or is accompanied by evidence constituting probable cause to justify or substantiate a challenge. In any case, before making any use whatever of such a list or document, the member of the precinct board shall immediately contact the elections official, charged with the duty of conducting the election, and describe the contents of the document or list and the evidence, if any, received bearing on voting qualifications. The elections official shall advise the members of the precinct board as to the sufficiency of probable cause for instituting and substantiating the challenge and as to the law as herein provided, relating to hearings and procedures for challenges by members of the precinct board and determination thereof by a precinct board. The elections official may, if necessary, designate a deputy to receive and answer inquiries from precinct board members as herein provided.
(Amended by Stats. 2020, Ch. 320, Sec. 9. (AB 646) Effective January 1, 2021.)