SECTIONS 14400-14405 - California Statutes

ELECTIONS CODE

SECTION 14400-14405

14400. At any election, all members of the precinct board shall be
present at the closing of the polls.

14401. When the polls are closed, the precinct board shall proclaim
that fact aloud at the place of election. After the proclamation no
ballot shall be received. However, if at the hour of closing there
are any other voters in the polling place, or in line at the door,
who are qualified to vote and have not been able to do so since
appearing, the polls shall be kept open a sufficient time to enable
them to vote.

14402. Any one who arrives at the polling place after the time
provided for closing the polls shall not be entitled to vote, even
though the polls are open when the voter arrives.

14402.5. If the time for closing the polls is extended pursuant to
a court order, all votes cast during the time that the closing of the
polls is extended shall be by provisional ballot. Any provisional
ballots cast pursuant to this section shall be separated and held
apart from other provisional ballots cast by voters prior to the time
the closing of the polls was extended.

14403. Immediately upon the closing of the polls and before any
voted ballot is taken from any of the ballot containers, the precinct
board member shall, in the presence of all persons in the room who
may desire to observe them, proceed to render the unused ballots
unusable in one of the following ways:
(a) By drawing across its face, in ink or indelible pencil, two
lines that cross each other, the cross to be more than three inches
square. The precinct board member shall thereupon, immediately and
before any ballots are taken from any ballot container, place all
defaced ballots within an envelope or other receptacle provided for
that purpose.
(b) By tearing or cutting in a manner so that it is apparent that
the ballot has been intentionally destroyed to prevent its use. If
this method of destruction is used, it shall be done in a manner so
that the serial number of the ballots is retained for the purposes of
reconciliation.
(c) By placing all of the unused ballots into a special container
provided for that purpose. A tamperproof seal containing spaces for
entering the total number of unused ballots enclosed, the beginning
and ending serial numbers thereof, and signature lines for all
members of the precinct board following a statement certifying that
all of the ballots were placed in the container in their presence and
the information on the seal is true and correct, shall be provided.
After signing the seal, it shall be placed on the container in a
manner so that the container cannot be opened without tearing the
seal.

14404. Immediately upon the arrival of the hour when the polls are
required by law to be closed on election day, the elections official
conducting the election shall openly, in the elections official's
main office, in the presence of any persons who are present to
observe, according to the procedure set forth in Section 14403,
proceed to render every unused ballot remaining in the control of the
elections official unusable. The elections official shall forthwith
make and file an affidavit, in writing, as to the number of ballots
destroyed. If the procedure in subdivision (c) of Section 14403 is
used, the tamperproof seal shall be signed by the elections official
and at least one deputy or assistant elections official or registrar.
The sealed container shall then be placed, with the sealed
containers containing unused ballots from the precincts, in a
security area by the elections official until disposition is made
pursuant to Section 17301 or 17302.
Alternatively, the elections official may, immediately upon the
arrival of the hour when the polls are closed, recycle for any other
lawful purpose any unused ballots remaining in the control of the
elections official that clearly identify the election for which they
were prepared. No later than 30 days following the last day to
certify the official results of the election, the elections official
shall make and file an affidavit, in writing, as to the number of
ballots recycled. At the elections official's discretion, the unused
ballots may be recycled up to six months following an election or at
the conclusion of an election contest proceeding, whichever is later.

14405. (a) The members of the precinct board shall account for the
ballots delivered to them by returning a sufficient number of unused
ballots to make up, when added to the number of official ballots cast
and the number of spoiled and canceled ballots returned, the number
of ballots given to them. The officers receiving returned ballots
shall compel this accounting.
(b) The precinct board shall complete the roster as required in
Section 14107, and shall also complete and sign the certificate of
performance prescribed in Section 15280, if that section applies.