Chapter 4 - Definitions

California Elections Code — §§ 300-362

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Sections (79)

Amended by Stats. 2012, Ch. 744, Sec. 1. (AB 1805) Effective January 1, 2013.

(a)“Vote by mail voter” means any voter casting a ballot in any way other than at the polling place.
(b)“Military or overseas voter” means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:
(1)A member of the active or reserve components of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; a Merchant Marine; a member of the United States Public Health Service Commissioned Corps; a member of the National Oceanic and Atmospheric Administration Commissioned Corps of the United States; or a member on activated

status of the National Guard or state militia.

(2)A citizen of the United States living outside of the territorial limits of the United States or the District of Columbia.
(3)A spouse or dependent of a person described in paragraph (1).

Added by Stats. 2009, Ch. 1, Sec. 2. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.

“Affiliated with a political party” as used in reference to a voter or to a candidate for a voter-nominated office means the party preference that the voter or candidate has disclosed on his or her affidavit of registration.

Repealed and added by Stats. 2023, Ch. 676, Sec. 2. (AB 1219) Effective January 1, 2024.

(a)A “ballot” is the presentation of the contests consisting of offices and measures, and the candidates and choices to be voted on.
(b)The ballot presentations shall include either of the following:
(1)One or more ballot cards, as defined in Section 302, upon which are printed the names of candidates for each contest and the ballot titles of measures to be voted on by marking the designated area and that are tabulated manually or by optical scanning equipment. The ballot card may include visual graphics and instructions.
(2)An electronic

voting system, certified or conditionally approved by the Secretary of State, upon which the names of the candidates for each contest and the ballot titles of measures to be voted on are selected by touching the screen or using other physical controls. The electronic voting system shall print the selections made by the voter, which may be in the form of a list or facsimile of a marked preprinted ballot.

Amended by Stats. 2023, Ch. 676, Sec. 3. (AB 1219) Effective January 1, 2024.

“Ballot card” means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. The ballot card shall also contain blank spaces to allow the voter to write in names not printed on the ballot.

Repealed and added by Stats. 2023, Ch. 676, Sec. 5. (AB 1219) Effective January 1, 2024.

“Ballot label” means:

(a)For a candidate, the combination of candidate name and candidate designation.
(b)For a statewide measure, a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in Section 9051.
(c)For all other measures, the question and statements

specified in Section 13119 or the question specified in Section 13120, as applicable.

(d)For an advisory vote, the description as indicated in Section 9603.

Added by Stats. 2023, Ch. 162, Sec. 2. (AB 421) Effective September 8, 2023.

Notwithstanding Section 303, for a statewide referendum measure, the ballot label shall consist of the condensed title and summary which includes the ballot title in the form of a question and a condensed summary containing the chief purposes and points of the law proposed to be overturned. The condensed title shall be in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The condensed title shall be followed by a condensed summary containing the chief purposes and points of the law proposed to be overturned. The condensed title and summary shall be no more than 75 words total. Commencing January 1, 2025, the condensed title and summary shall be followed by a listing of the

names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051.

Amended by Stats. 2023, Ch. 676, Sec. 6. (AB 1219) Effective January 1, 2024.

“Remote accessible vote by mail system” means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. A remote accessible vote by mail system shall not be connected to a voting system at any time.

Added by Stats. 2015, Ch. 734, Sec. 1. (SB 439) Effective January 1, 2016.

“Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis:

(a)Manufacture and finish card stock.
(b)Finish unfinished ballot cards into ballot cards.

Amended by Stats. 2023, Ch. 162, Sec. 3. (AB 421) Effective September 8, 2023.

(a)“Ballot title” is the name of a statewide initiative measure or measure proposed by the Legislature, or, in the case of a statewide referendum measure, the question included in the ballot label and the ballot title and summary.
(b)(1) “Ballot title and summary” means, for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. The ballot title and summary for a statewide initiative measure or measure proposed by the Legislature shall include a statement of the measure’s fiscal impact. The ballot title and summary for a statewide initiative measure or measure proposed by the

Legislature shall not exceed 100 words, not including the fiscal impact statement.

(2)(A) For a statewide referendum measure, “ballot title and summary” means the ballot title that is in the form of a question followed by a summary of the chief purpose and points of the law proposed to be overturned that appears in the state voter information guide. The ballot title shall be posed in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted][followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a summary containing the chief purposes and points of the law proposed to be overturned, including the fiscal impact statement. The ballot title and summary for a statewide referendum measure shall not exceed 100 words, not including the fiscal impact statement.
(B)The ballot title and summary that appears in the state voter information guide for a statewide referendum measure shall be followed by the measure’s top funders as set forth in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 9086 of this code and subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 88002 of the Government Code.
(c)(1) “Circulating title and summary” means the text that is required to be placed on a petition for signatures that is either one of the following:

(A) The summary of the chief purpose and points of a proposed initiative measure that affects the Constitution or laws of the state, and the fiscal impact of the proposed initiative measure.

(B) The summary of the chief purpose and points of a referendum measure that affects a law or laws of the state, which includes the ballot title that is in the form of a question as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a summary containing the chief purposes and points of the law proposed to be overturned.

(2)The circulating title and summary shall not exceed 100 words, not including the fiscal impact summary for a statewide initiative measure.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“Campaign advertising or communication” means a communication authorized by a candidate or a candidate’s controlled committee, as defined in Section 82016 of the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, or by a committee formed primarily to support or oppose a ballot measure, as defined in Section 82047.5 of the Government Code, for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public, political advertising.

Amended by Stats. 2023, Ch. 676, Sec. 7. (AB 1219) Effective January 1, 2024.

(a)“Candidate,” for purposes of Section 2184, includes any person who declares in writing, under penalty of perjury, that the person is a candidate, naming the office.
(b)“Candidate,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means an individual listed on the ballot, or who has qualified to have write-in votes on the individual’s behalf counted by elections officials, for nomination or for election to any elective state or local office, or who receives a contribution or makes an expenditure or gives the individual’s consent for any other person to receive a contribution or makes an expenditure with a view to

bringing about the individual’s nomination or election to any elective state or local office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made. The term “candidate” includes any officeholder who is subject to a recall election.

(c)“Candidate for public office,” as used in Chapter 5 (commencing with Section 20400) of Division 20, means an individual who has qualified to have the individual’s name listed on the ballot of any election, or who has qualified to have written votes on the individual’s behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election.

Amended by Stats. 2018, Ch. 57, Sec. 2. (AB 2835) Effective January 1, 2019.

(a)“Paper cast vote record” means an auditable document that corresponds to the selection made on the voter’s ballot and lists the contests on the ballot and the voter’s selections for those contests.
(b)A paper cast vote record is a ballot only if the paper cast vote record is generated on a voting device or machine that complies with ballot

layout requirements and is tabulated by a separate device from the device that created the paper cast vote record.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“City measure” includes any proposed city charter, any proposed amendment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city.

Amended by Stats. 2002, Ch. 221, Sec. 14. Effective January 1, 2003.

“Clerk” means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election.

Amended by Stats. 2002, Ch. 221, Sec. 15. Effective January 1, 2003.

“District elections official,” for the purposes of initiative and referendum under Article 1 (commencing with Section 9300) of Chapter 4 of Division 9, includes the county elections official or other officer or board charged with performing the duties required of the clerk of the district by that chapter.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“Committee,” as used in Article 1 (commencing with Section 20200) of Chapter 3 of Division 20, means any person or combination of persons who, directly or indirectly, receive contributions or make expenditures or contributions for the purpose of influencing or attempting to influence the action of voters for or against the nomination or election of one or more candidates, or the passage, or defeat of any measure, and who is required to file campaign reports or statements under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“County” and “city” both include “city and county.”

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“County measure” includes any proposed county charter, any proposed amendment to a county charter, any proposition for the issuance of funding or refunding bonds of the county, any other question or proposition submitted to the voters of a county at any election held throughout an entire single county, any advisory question, or any bond proposal or any advisory question submitted to the voters of any public district although the boundaries of the district may be coterminous with those of the county.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“County office” means the office filled by any county officer.

Enacted by Stats. 1994, Ch. 920, Sec. 2.

“County officer” means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of the Government Code.

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