1. (a) The elections official shall appoint an audit board(s) to perform the duties specified in section 20123 that meets the following criteria:

   1. (1) Audit boards shall consist of no fewer than three members. At all times, at least one member shall serve as an observer of the audit and may not make determinations of voter choices. At least two members, excluding the observer, shall make determinations of voter choices for each ballot card examined by the audit board. Audit board members may rotate roles.
   2. (2) Audit board members may be comprised of election office full-time or temporary staff, volunteers or a combination of staff and volunteers. When feasible, audit board members involved in adjudicating voter intent during the tabulation shall not be involved in ascertaining voter intent during the audit.

   3. (3) Prior to conducting the audit, each member of an audit board shall complete and sign a declaration of intent to faithfully discharge audit board duties. Each audit board member shall do so in the presence of the elections official on a form provided by the elections official. The elections official shall countersign the declaration. The declaration shall be in the following form:

      State of California

      }

      County of

      ss.

      I do hereby solemnly declare that I will support the Constitution of the United States and the Constitution of the State of California, and that I will to the best of my ability, faithfully discharge the duties of an audit board member for the election held on _____, 20 ___.

      _____ (Printed Name) _____ _____ (Signature) _____

      Signed in the presence of the elections official listed below on _____, 20 ___.

      _____ (Printed Name) _____ _____ (Signature) _____

      Elections official name

      Elections official signature

   4. (4) No fewer than two members of the audit board will be in possession of ballot cards at any time, including during the ballot card retrieval process.
2. (b) If the elections official appoints multiple audit boards, only one audit board shall evaluate each ballot card.

Note: Authority cited: Section 12172.5, Government Code; and Section 15367, Elections Code. Reference: Section 15367, Elections Code.

History

1. New section filed 3-5-2020; operative 3-5-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 10).

2. Governor Newsom issued Executive Order N-34-20 (2019 CA EO 34-20), dated March 20, 2020, which extended certain deadlines relating to the presidential primary and special general elections, due to the COVID-19 pandemic.

3. Amendment of subsection (a)(2) and Note filed 12-9-2021; operative 12-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 50).