1. (a) A provisional ballot shall be subject to the standards in the section applicable to the voting system on which it is processed. In addition to those standards, the following standards shall also apply.

2. (b) A voter's choice shall be considered a valid vote, if the:

   1. (1) Voter casts a provisional ballot and the voter's eligibility can be confirmed and the voter's choice is clearly marked, the vote shall be counted. The determination of eligibility to vote shall be liberally construed in favor of the voter.
   2. (2) Voter casts a provisional ballot for a precinct other than the precinct in which the voter was legally entitled to vote, all votes properly cast in contests for which the voter was legally entitled to vote will be counted.
   3. (3) Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died after the date the provisional ballot was cast.

3. (c) A voter's choice shall be considered an invalid vote, if the:

   1. (1) Voter casts a provisional ballot and the voter's ineligibility is confirmed by clear and convincing evidence based upon a review of available records, in which case the ballot shall not be counted.

      1. (A) Examples of records that may be sufficient to demonstrate a voter's ineligibility include, but are not limited to:

         1. (i) Information recently provided by the California Department of Corrections and Rehabilitation or a county superior court that clearly and convincingly states that the voter is ineligible to vote because they are currently serving a state or federal prison term for the conviction of a felony.
         2. (ii) Information recently provided by a county superior court that clearly and convincingly states that the court has made a determination of incompetency to vote
         3. (iii) Information provided by the California Department of Public Health or other sources that clearly and convincingly states that the voter died prior to the date the provisional ballot was cast.
   2. (2) Voter casts a provisional ballot for a precinct other than the precinct in which the voter was legally entitled to vote, in which case all votes cast in contests for which the voter was not legally entitled to vote will not be counted.

Note: Authority cited: Section 14314, Elections Code; and Section 12172.5, Government Code. Reference: 52 U.S.C. Section 21081(a)(6); Section 14310, Elections Code; and Section 12172.5, Government Code.

History

1. New section filed 9-28-2020 as an emergency; operative 9-28-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.

2. New section refiled, including amendment of Note, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 11-4-2021 as an emergency; operative 11-4-2021 (Register 2021, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-2-2022 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 11-4-2021 order, including new subsection (b)(3) and amendment of subsection (c)(1)(A)(i), transmitted to OAL 1-31-2022 and filed 3-15-2022; amendments effective 3-15-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 11).