Chapter 1. Purchasing Procedures of California Elections Code >> Division 13. >> Chapter 1.
The person in charge of elections for any county, city and
county, city, or district shall provide ballots for any elections
within his or her jurisdiction, and shall cause to be printed on them
the name of every candidate whose name has been certified to or
filed with the proper officer pursuant to law and who, therefore, is
entitled to a place on the appropriate ballot.
All expenses authorized and necessarily incurred in the
preparation for, and conduct of, elections as provided in this code
shall be paid from the county treasuries, except that when an
election is called by the governing body of a city the expenses shall
be paid from the treasury of the city. All payments shall be made in
the same manner as other county or city expenditures are made. The
elections official, in providing the materials required by this
division, need not utilize the services of the county or city
Ballot paper and ballot cards used by a jurisdiction holding
an election pursuant to the laws of California shall be tinted and
watermarked or overprinted with a design, to be furnished by the
Secretary of State, so that the watermark or overprint is plainly
(a) The Secretary of State shall adopt regulations governing
the manufacture, finishing, quality standards, distribution, and
inventory control of ballot cards and ballot on demand systems. For
commercial ballot manufacturers and finishers, the Secretary of State
shall require a biennial inspection of the certified manufacturing,
finishing, and storage facilities. The Secretary of State shall also
approve each ballot card manufacturer, finisher, and ballot on demand
system before manufacturing or finishing ballot cards, or deploying
a ballot on demand system, for use in California elections.
(b) Not later than five working days before the Secretary of State
begins his or her initial inspection, the ballot card manufacturer,
finisher, or ballot on demand system vendor shall disclose to the
Secretary of State in writing any known flaw or defect in its ballot
card manufacturing or finishing process, manufactured or finished
ballot cards, or ballot on demand system that could adversely affect
the future casting or tallying of votes. Once approved by the
Secretary of State, the ballot card manufacturer, finisher, or ballot
on demand system vendor shall notify the Secretary of State and the
affected local elections officials in writing within two business
days after it discovers any flaw or defect in its ballot card
manufacturing or finishing process, manufactured or finished ballot
cards, or ballot on demand system that could adversely affect the
future casting or tallying of votes.
(a) A jurisdiction shall not purchase, lease, or contract
for a ballot on demand system unless the ballot on demand system has
been certified by the Secretary of State.
(b) A vendor, company, or person shall not sell, lease, or
contract with a jurisdiction for the use of a ballot on demand system
unless the ballot on demand system has been certified by the
Secretary of State.
(c) This section does not preclude a jurisdiction from conducting
research and development of a ballot on demand system. A ballot on
demand system that is used for purposes of this subdivision shall not
be used in an election conducted pursuant to this code unless the
system has been certified by the Secretary of State.
(d) The Secretary of State shall promulgate regulations for
purposes of certifying ballot on demand systems.
(a) Before a user may purchase ballot cards, the user shall
request in writing a release for a specific quantity of these ballot
cards from the Secretary of State. If the request is in order, the
Secretary of State shall issue a written release for that quantity to
the manufacturer, or to the authorized warehouse, and to the user.
The format, text, and use of the request and release shall be
governed by regulations adopted by the Secretary of State.
(b) Nothing in this section prohibits a verbal request or verbal
release, provided that this verbal request or verbal release is
immediately confirmed in writing. The regulations shall expressly
deny the manufacturing of ballot cards without a specific release.
A user, vendor, or manufacturer shall not warehouse for a
subsequent election ballot paper or ballot cards furnished or
released by the Secretary of State for a specific election without
first obtaining authorization in writing from the Secretary of State
for the storage. The authorization shall include the particular
details of the amount to be stored so that audit controls may be
established and maintained. Ballot paper or ballot cards not used in
that election, not authorized to be retained for subsequent
elections, and not returned to the Secretary of State, shall be
destroyed. A certificate of destruction setting forth the date of
destruction and the amount of the ballot paper or ballot cards
destroyed shall be transmitted to the Secretary of State.