Election Observer Guidelines
The purpose of an Election Observer is to allow public observation and input into the election process. Public participation ensures integrity and voter confidence in the electoral process.
IMPORTANT: Appointments are strongly recommended prior to observing election activities. Appointments can be made by emailing firstname.lastname@example.org or calling (760) 932-5537.
Check In Procedures
- All observers must check in at the Polling Place or Early Voting Location.
- If an observer is observing on behalf of an organization or candidate, that information must be disclosed on the sign-in log.
- If it is the first time observing, a full office tour will be offered.
- An Election Observer Badge will be issued and must be worn and visible at all times.
- Observers will be escorted to their area of choice and can remain there as long as desired. To be escorted to another observation area, please notify a staff member.
- When leaving for the day, please return the badge to the front counter and sign out.
The Registrar of Voters has full discretion to change the rules at any time to ensure the safety and security of all personnel. Observers who fail to follow these rules will be required to leave the facility for the duration of the election canvass.
- This is a neutral office. No discussion of politics, campaigns or candidates is allowed among observers within the facility.
- No observer shall interfere with the orderly processing of Vote by Mail (VBM) ballot return envelopes or processing and counting of VBM ballots, including touching or handling of the ballots or envelopes. Elections Code §15104e
- Observers will be permitted access to a designated observation area(s), sufficiently close to enable them to observe and challenge whether individuals handling VBM ballots are following established procedures. Elections Code §15104d
- If the challenge process unduly impedes or interferes with the verification process, challenges shall be discontinued.
- Radios, cameras, cell phones and recording devices are not allowed without explicit approval from the Registrar of Voters or their designee. Pagers and cellular phones must be set to vibrate or off mode while observing the canvass. You may not use your cell phone in the building EXCEPT in the front lobby should you need to make a call.
Pictures of a voter’s personal information or any other confidential information is strictly prohibited.
- Backpacks, briefcases and large purses are not allowed.
- The individual’s function is to observe that procedures are followed. Observers cannot assist in operations, touch or handle any ballots or other election-related materials.
- All questions concerning a procedure must be directed only to the Supervisor or Manager of the section.
- The number of observers may be limited so as not to interfere with the process. Observers must avoid physical contact with employees.
- Observers are to hold discussions and conversations outside the designated Canvass work areas. Anyone not adhering to these rules will be asked to leave for the day.
- Observers will be allowed into the canvass work areas only when employees are performing canvass operations.
- Operations will continue as scheduled whether or not an observer is present.
- Observers must remain in the area they were assigned to. If you are found unsupervised in an area that you were not assigned to, you will be escorted from the building.
- Inappropriate or aggressive behavior towards staff or other observers will not be tolerated and you will be escorted from the building.
Ballot Handling Challenges
- Any member of the county grand jury, and at least one member each of the political party Central Committees or County Councils who have a candidate on the ballot, and any other interested organizations, shall be permitted to observe and challenge the manner in which the VBM ballots are handled, from the processing of VBM ballot return envelopes through the counting and disposition of the ballots. Elections Code §15104b
- Observers may not challenge signatures on VBM ballot return envelopes. Only the elections official shall perform signature comparison, in accordance with Division 3 of the California Elections Code.
- Observers may challenge whether the individuals handling VBM ballots are following established procedures.
Things to Remember - Elections Code § 18562.5
(a) A member of the public is guilty of a misdemeanor if, while observing any of the following, he or she willfully engages in any conduct set forth in subdivision (b):
(1) The processing of vote by mail ballots conducted pursuant to Chapter 2 (commencing with Section 15100) of Division 15.
(2) The semifinal official canvass conducted pursuant to Chapter 3 (commencing with Section 15150) of Division 15.
(3) The official canvass conducted pursuant to Chapter 4 (commencing with Section15300) of Division 15.
(4) A recount conducted pursuant to Chapter 9 (commencing with Section 15600) of Division 15.
(b)(1) Attempting to ascertain the identity and ballot choices of a voter, or having observed or learned the identity of a voter, attempting to ascertain the ballot choices of that voter.
(2) Opening a provisional or vote by mail ballot envelope containing a voted ballot in order to ascertain the voter's ballot choices.
(3) Making or placing a mark or device on a ballot or secrecy envelope in an attempt to ascertain the voter's ballot choices.