SECTIONS 17300-17306 - California Statutes

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.