Section 20136 - Drop-off Location and Drop Box Hours. Public Notification. Collection Times(a) The county elections official shall publicly announce the locations of drop-off locations and drop boxes at least 30 days prior to the election. The announcement must include the days and estimated times a particular staffed drop box will be available. The announcement must also include information on accessibility, including wheelchair access, for each drop-off location and drop box. Information shall be included in the county's Voter Information Guide and Sample Ballot publications, included in vote-by-mail materials sent to voters, and conspicuously posted on the county elections official's website. In the event any changes are made to locations and/or schedules, the information posted on the elections official's website shall be updated within 24 hours.(b) For the purpose of posting the locations on the Secretary of State's website and to include information in any relevant election materials, the county elections official shall notify the Secretary of State of the drop-off and drop box locations, and the dates and estimated hours of availability, at least 30 days prior to the election. In the event any changes are made to locations and/or schedules, the Secretary of State must be notified within 24 hours.(c) Drop boxes shall be locked and covered, or otherwise made unavailable to the public until the day the elections official begins mailing vote-by-mail ballots, to ensure that no ballots or any other materials may be deposited before the vote-by-mail period begins. The elections official shall determine the appropriate method or design to make the drop boxes unavailable for use. Prior to use before the election, all drop boxes shall be inspected for damage and to ensure they are empty. (1) A county elections official who provides a drop box outside of their office throughout the year for the purpose of voters delivering completed voter registration affidavits shall not be required to lock and cover those drop boxes.(2) In the event drop boxes are deployed on the 60th day prior to an election for use by military and overseas voters, the provisions of this Article must be followed.(3) The elections official may make drop boxes available prior to the date the elections official begins mailing vote-by-mail ballots. If the elections official does so, the elections official shall notify the Secretary of State of that action at the time the drop boxes are made available.(d) Ballots shall be retrieved from drop boxes at times determined by the elections official, but shall be subject to the following: (1) Ballots shall be retrieved from both staffed and unstaffed drop boxes at least every 96 hours, excluding Saturdays and Sundays, between the 29th day before the election and the 10th day before an election.(2) Ballots shall be retrieved from staffed drop boxes at least every 72 hours, excluding Saturdays and Sundays, after the 10th day before the election through the closing of the polls on Election Day. The elections official shall develop procedures for contacting locations of staffed drop boxes between ballot retrieval periods to determine if an additional retrieval is needed.(3) Ballots shall be retrieved from unstaffed drop boxes every 48 hours, excluding Saturdays and Sundays, after the 10th day prior to an election through the closing of the polls on Election Day.(e) Upon the closing of the polls on Election Day, all drop boxes shall be locked and covered or otherwise made unavailable at 8:00 p.m. to ensure that no ballots are dropped off after the polls have closed. In the event there are voters in line at 8:00 p.m., or a court order has been issued extending the time for the closing of the polls, the drop boxes may remain open until those voters have cast their ballot or the court order extending time has lapsed.(f) The elections official is encouraged to retrieve as many ballots as is practicable before 11:59 p.m. on Election Day and shall retrieve all ballots from all staffed and unstaffed drop boxes by 8:00 p.m. on the day after the election.(1) In the event a county elections official is aware that they are or will be unable to retrieve all ballots from all staffed and unstaffed drop boxes prior to 8:00 p.m. on the day after the election, the elections official shall provide a written notification to the Secretary of State. (a) The written notification shall detail the following: the location of the drop box(es) from which all ballots may not be retrieved prior to 8:00 p.m. on the day after the election, the last time ballots were retrieved from that/those drop box(es), and specific details on why all ballots may not be timely retrieved from that/those drop box(es).(b) The written notification shall be transmitted to the Secretary of State immediately upon the determination that all ballots may or will not be retrieved prior to 8:00 p.m. on the day after the election.(2) Immediately upon retrieving ballots from all staffed and unstaffed drop boxes, the county elections officials shall certify to the Secretary of State that all ballots have been retrieved from all staffed and unstaffed drop boxes.Cal. Code Regs. Tit. 2, § 20136
1. New section filed 1-11-2018; operative 1-11-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 2).
2. Amendment of subsection (d)(3) filed 6-24-2020 as an emergency; operative 6-24-2020 (Register 2020, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 6-24-2020 extended 60 days (Executive Order N-40-20) Register 2020, No. 26). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Emergency filed 6-24-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 38). A Certificate of Compliance must be transmitted to OAL by 4-20-2021 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-24-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2021, No. 18).
6. Amendment of subsection (d)(3) refiled 4-27-2021 as an emergency; operative 4-27-2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-23-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (d)(3) refiled 8-18-2021 as an emergency, including additional amendment of subsection (c) and NOTE; operative 8-18-2021 (Register 2021, No. 34). A Certificate of Compliance must be transmitted to OAL by 11-16-2021 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-18-2021 order, including new subsections (c)(3) and (f)-(f)(2) and amendment of NOTE, transmitted to OAL 11-16-2021 and filed 12-30-2021; amendments operative 12-30-2021 (Register 2021, No. 53). Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 3025, Elections Code. Reference: Section 3025, Elections Code.
1. New section filed 1-11-2018; operative 1/11/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 2).
2. Amendment of subsection (d)(3) filed 6-24-2020 as an emergency; operative 6/24/2020 (Register 2020, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2020 or emergency language will be repealed by operation of law on the following day.
3. Emergency filed 6-24-2020 extended 60 days (Executive Order N-40-20) Register 2020, No. 26). A Certificate of Compliance must be transmitted to OAL by 2-19-2021 or emergency language will be repealed by operation of law on the following day.
4. Emergency filed 6-24-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 38). A Certificate of Compliance must be transmitted to OAL by 4-20-2021 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-24-2020 emergency amendment by operation of Government Code section 11346.1(f) (Register 2021, No. 18).
6. Amendment of subsection (d)(3) refiled 4-27-2021 as an emergency; operative 4/27/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-23-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (d)(3) refiled 8-18-2021 as an emergency, including additional amendment of subsection (c) and Note; operative 8/18/2021 (Register 2021, No. 34). A Certificate of Compliance must be transmitted to OAL by 11-16-2021 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-18-2021 order, including new subsections (c)(3) and (f)-(f)(2) and amendment of Note, transmitted to OAL 11-16-2021 and filed 12-30-2021; amendments operative 12/30/2021 (Register 2021, No. 53).