CALIFORNIA STATUTES AND CODES
SECTIONS 26801-26810
GOVERNMENT CODE
SECTION 26801-26810
26801. Except as otherwise provided by law, the county clerk shall
act as clerk of the board of supervisors in the county.
26802. Except as provided by law, the county clerk shall register
as voters any electors who apply for registration and shall perform
any other duties required of him or her by the Elections Code. In
those counties in which a registrar of voters office has been
established, the registrar of voters shall discharge all duties
vested by law in the county clerk that relate to and are a part of
election procedure.
26802.5. In the Counties of El Dorado, Kings, Lake, Marin, Merced,
Monterey, Napa, Riverside, San Joaquin, Solano, and Tulare, a
registrar of voters may be appointed by the board of supervisors in
the same manner as other county officers are appointed. In those
counties, the county clerk is not ex officio registrar of voters, and
the registrar of voters shall discharge all duties vested by law in
the county elections official that relate to and are a part of the
election procedure.
26803. He shall take charge of and safely keep, or dispose of
pursuant to law, all books, papers, and records which are filed or
deposited in his office pursuant to law.
26803.5. Each regulation and order of repeal of a regulation filed
with a county clerk pursuant to Article 2 (commencing with Section
11380) of Chapter 4.5, Part 1, Division 3, Title 2, of this code
shall be retained in an active file, available for public inspection,
until receipt by the county clerk of the next California
Administrative Register or supplement to the California
Administrative Code in which such regulation, order of repeal or
notice thereof, is published.
The county clerk shall at all times keep a complete current set of
the California Administrative Code, and the California
Administrative Register available for public inspection.
If the county clerk of any county in this state is satisfied that
the code and register will be maintained in accordance with the
requirements of this section, he may delegate the authority to
receive filings on his behalf and to maintain the code and register
on his behalf to a paid county law librarian or to the librarian in
charge of the county library.
26805. The clerk must keep a calendar of all criminal actions
pending in the court, enumerating them according to the date of the
filing of the indictment or information, specifying opposite the
title of each action whether it is for a felony or a misdemeanor, and
whether the defendant is in custody or on bail.
26806. (a) In counties having a population of 900,000 or over, the
clerk of the court may employ as many foreign language interpreters
as may be necessary to interpret in criminal cases in the superior
court, and in the juvenile court within the county and to translate
documents intended for filing in any civil or criminal action or
proceeding or for recordation in the county recorder's office.
(b) The clerk of the superior court, shall, when interpreters are
needed, assign the interpreters so employed to interpret in criminal
and juvenile cases in the superior court. When their services are
needed, the clerk shall also assign interpreters so employed to
interpret in criminal cases in municipal courts.
(c) The clerk of the court may also assign the interpreters so
employed to interpret in civil cases in superior and municipal courts
when their services are not required in criminal or juvenile cases
and when so assigned, they shall collect from the litigants the fee
fixed by the court and shall deposit the same in the county treasury.
(d) The interpreters so employed shall, when assigned to do so by
the clerk of the court, translate documents to be recorded or to be
filed in any civil or criminal action or proceeding. The fee to be
collected for translating each such document shall be three dollars
($3) per folio for the first folio or part thereof, and two cents
($0.02) for each word thereafter. For preparing a carbon copy of such
translation made at the time of preparing the original, the fee
shall be twelve cents ($0.12) per folio or any part thereof. All such
fees shall be deposited in the county treasury.
26807. The county clerk shall keep an official seal of his office
for use when performing official duties other than ex officio duties
which shall, when embossed, stamped, impressed or affixed to a
certification, show legibly. Such seal shall: (a) be circular in
shape; (b) be not less than 1 1/4 inches in diameter; (c) have in the
center any words or design adopted by the county clerk; (d) have
inscribed around the central words or design, "County Clerk, ____
County, California", inserting therein the name of the county.
Nothing contained herein shall prohibit a county clerk from
continuing to use a seal of a design different than that specified
herein if such seal has customarily been used prior to the effective
date of this section.
26808. The county clerk shall distribute to persons applying for a
marriage license a list of family planning and birth control clinics
located in the county, which shall be prepared by the county health
officer.
If there is a marriage license bureau within the county clerk's
office, the list shall be distributed by the marriage license bureau.
26809. Unless another provision of law requires a longer retention
period, the county clerk may destroy or otherwise dispose of any
paper or document filed with or submitted to him or her more than one
year previously, if he or she determines that there is no need for
its retention. In determining whether there is a need for retaining a
paper or document, consideration shall be given to such factors as
future public need, the effect of statutes of limitation, and
historical significance.
26810. (a) The clerk of the superior court may cause the following
documents to be photographed, microphotographed, photocopied,
electronically imaged, or otherwise reproduced on film and stored in
that form:
(1) A document transferred to the clerk under Section 732 of the
Probate Code.
(2) A will delivered to the clerk of the superior court under
Section 8200 of the Probate Code if the clerk has held the will for
at least 10 years.
(b) The photograph, microphotograph, photocopy, or electronic
image shall be made in a manner that meets the minimum standards or
guidelines recommended by the American National Standards Institute
or the Association for Information and Image Management. All these
photographs, microphotographs, photocopies, and electronic images
shall be indexed, and shall be stored in a manner and place that
reasonably assures their preservation indefinitely against loss,
theft, defacement, or destruction.
(c) Before proof of death of the maker of a document or will
referred to in subdivision (a), the photographs, microphotographs,
photocopies, and electronic images shall be confidential, and shall
be made available only to the maker. After proof of death of the
maker of the document or will by a certified copy of the death
certificate, the photographs, microphotographs, photocopies, and
electronic images shall be public records.
(d) Section 26809 does not apply to a will or other document
referred to in subdivision (a), or to the reproduction authorized by
this section.
(e) Upon making the reproduction authorized by this section, the
clerk of the superior court may destroy the original document.