Article 5. Polling Places of California Elections Code >> Division 12. >> Chapter 3. >> Article 5.
When designating polling places, the elections official
shall undertake necessary measures in the locating of polling places
to ensure that polling places meet the guidelines promulgated by the
Secretary of State for accessibility by the physically handicapped.
(a) If, for any valid reason, the polling place designated
for any precinct cannot be used, and this fact is known in sufficient
time to allow a mailed notice to be received before the election,
the elections official may designate another polling place and shall
mail, to each voter in the precinct a notice showing this change.
(b) If the information is not known in sufficient time for a
mailing pursuant to subdivision (a), either the elections official
or, in the case of an emergency, the precinct board on the day of
election, shall designate another polling place as near the place
first designated as possible, post notice on or near the place first
designated, and conduct the election at the new location.
Property exempted from taxation pursuant to Section 214 of
the Revenue and Taxation Code shall be made available free of charge
to the elections official for use as a polling place pursuant to
Section 213.5 of the Revenue and Taxation Code.
(a) The governing body having jurisdiction over school
buildings or other public buildings may authorize the use of its
buildings for polling places on any election day, and may also
authorize the use of its buildings, without cost, for the storage of
voting machines and other vote-tabulating devices. However, if a city
or county elections official specifically requests the use of a
school building for polling places on an election day, the governing
body having jurisdiction over the particular school building shall
allow its use for the purpose requested. When allowing use of a
school building for polling places, the governing body may, but is
not required to, do any of the following:
(1) Continue school in session, provided that the governing body
shall identify to the elections official making the request the
specific areas of the school buildings not occupied by school
activities that will be allowed for use as polling places.
(2) Designate the day for staff training and development.
(3) Close the school to students and nonclassified employees.
Classified employees are those so defined by Section 41401 of the
Education Code.
(b) An elections official making a request for use of a school
building pursuant to subdivision (a) shall include in his or her
request a list of the schools from which the use of a building for
polling places is needed. Requests must be made within sufficient
time in advance of the school year for the governing body to
determine, on a school-by-school or districtwide basis, whether to
keep the affected schools in session, designate the schoolday for
staff training and development, or close the school to students and
nonclassified employees before school calendars are printed and
distributed to parents.
(c) Once a governing body has approved the use of a school
building as a polling place, the governing body shall instruct the
school administrator to provide the elections official a site with an
adequate amount of space that will allow the precinct board to
perform its duties in a manner that will not impede, interfere, or
interrupt the normal process of voting and to make a telephone line
for Internet access available for use by local elections officials,
if requested by those officials.
(d) The school administrator shall also make a reasonable effort
to ensure that the site is accessible to the handicapped.
Upon request of the elections official, state-owned
buildings, parking lots, and other facilities shall be made available
free of charge for use as polling places, except that the Department
of General Services may exclude from use as polling places state
facilities at which access to confidential materials cannot be
reasonably safeguarded, which are inaccessible to the public, the use
of which would disrupt state business, or which are otherwise
impractical for use as polling places.
A mobilehome may be used as a polling place if the elections
official determines that no other facilities are available for the
convenient exercise of voting rights by mobilehome park residents and
the mobilehome is designated as a polling place by the elections
official pursuant to Section 12286. No rental agreement shall
prohibit the use of a mobilehome for those purposes.
(a) At least 29 days prior to the election, the elections
official shall do all of the following:
(1) Establish a convenient number of election precincts within the
affected jurisdiction.
(2) Define the precinct boundaries.
(3) Designate a polling place for each precinct.
(4) Appoint for each precinct a precinct board pursuant to
Sections 12302 to 12304, inclusive.
(5) Notify the members of each precinct board of their appointment
and the location of the precinct and polling place where they will
serve.
(b) The elections official, in establishing precincts and defining
their boundaries, shall, to the extent practicable, provide for a
single polling place where a voter entitled to vote in more than one
district may cast all of his or her ballots.
(c) In a landowner voting district, the county elections official
shall designate the polling place at which a nonresident landowner
shall vote.
A candidate's residence shall not be designated as a polling
place for an election at which that candidate's name will appear on
the ballot.
A single-family residence shall not be designated as a
polling place if elections officials determine that it has the
registered address of a person who is required to register pursuant
to the Sex Offender Registration Act. Elections officials shall, not
more than 60 days prior to designating a single-family residence as a
polling place, use the Megan's Law Internet Web site maintained by
the Department of Justice to determine if the residence has the
registered address of a sex offender. In accordance with subdivision
(k) of Section 290.46 of the Penal Code, an elections official who is
required to register as a sex offender shall be prohibited from
accessing the Megan's Law public Internet Web site.
A place where the primary purpose of the establishment is
the sale and dispensation of alcoholic beverages may not be used as a
polling place. A polling place may not be connected by a door,
window, or other opening with any place where any alcoholic beverage
is sold or dispensed while the polls are open.