1. (a) To the extent feasible and when applicable, a county elections official shall verify that all other counties have applied polling place voter participation history before adjudicating their CVR provisional ballots.
2. (b) The county elections official shall immediately upon adjudication of the voter's CVR provisional ballot, enter into the statewide voter registration system a ballot return status and reason code.

3. (c) The ballot return status of a ballot shall be indicated as either:

   1. 1. “Counted,” or
   2. 2. “Not Counted.”

4. (d) If the voter is registering for the first time in California, the county elections official shall assign the CVR provisional ballot:

   1. (1) A ballot return status of “Counted” or “Not Counted,” and
   2. (2) An appropriate reason code in accordance with section 20026 if the ballot status is “Not Counted.”

5. (e) If the voter is re-registering in California, the county elections official shall:

   1. (1) Conduct research using the statewide voter registration system to determine if the CVR provisional ballot shall be “Counted” or “Not Counted.”
   2. (2) Assign the CVR provisional ballot a ballot return status of “Counted” or “Not Counted.”
   3. (3) Assign an appropriate reason code in accordance with section 20026 if the ballot return status is “Not Counted.”
6. (f) CVR provisional ballot information referred to in (d) and (e) above, indicating whether a CVR provisional ballot is counted or if it is not counted and the reason why it was not counted, shall be displayed on the Secretary of State's “My Voter Status” page, along with the voter participation history.

If a voter's conditional voter registration is deemed effective pursuant to Elections Code section 2170, the county elections official shall process a voter's CVR ballot as they process other nonprovisional ballots, and shall process a voter's CVR provisional ballot as provided in this section.

Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 2170, Elections Code. Reference: Sections 2170, 2171 and 14310, Elections Code.

History

1. New section filed 3-8-2018; operative 3-8-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 10).

2. Amendment of first paragraph filed 1-26-2022; operative 1-26-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 4).

3. Amendment of Note filed 4-25-2022 as a deemed emergency pursuant to Elections Code 2170; operative 4-25-2022 (Register 2022, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-24-2022 or emergency language will be repealed by operation of law on the following day.

4. Amendment of Note refiled 10-24-2022 as a deemed emergency pursuant to Elections Code 2170; operative 10-24-2022 (Register 2022, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-23-2023 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 10-24-2022 order transmitted to OAL 1-20-2023 and filed 3-1-2023 (Register 2023, No. 9).