Cease and Desist letters were sent by the California Attorney General this week, ordering the removal of illegal mailboxes in Southern California. According to Patch, the California Republic Party admitted to placing unofficial boxes in public to collect voting ballots, and believes its actions are lawful under 2016 state legislation.
The California Assembly bill that is being relied upon to make that argument is an amendment to the Elections Code. It expanded on the previous provision that ‘a voter who is unable to return his or her vote by mail ballot may designate his or her spouse, child, parent, grandparent, grandchild, brother, sister, or person residing in the same household as the vote by mail voter to return the vote by mail ballot.’
The 2016 law authorizes ‘a vote by mail voter who is unable to return the ballot may designate any person to return the ballot.’ It also prohibits the collection of compensation for returning another person’s ballot, and warns that ‘any person in charge of a vote by mail ballot who knowingly and willingly engages in criminal acts related to that ballot is subject to the appropriate punishment pursuant to existing law.’ Another section of the legislation sets out that ‘fraud, bribery, intimidation, and tampering with or failing to deliver the ballot in a timely fashion’ is strictly prohibited.
The bill mandates that the ballot must be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If it is not, the ballot will not be counted according to section 3017.
While the California Republican party asserts placing fake ballot boxes in public places is not illegal, many people are outraged that non-official boxes have been planted in their communities, and will not be collected by election officials. It points to an important distinction about the faith citizens can put into the vote by mail process, and if the owners of the fake boxes will deliver all of the ballots they collect.
Alex Padilla, the Secretary of State issued a memorandum addressing the situation on October 11. “Our office has been made aware of unauthorized, non-official ballot drop boxes being used or having been proposed to be used at local political party offices, candidate headquarters, and churches throughout the state. Examples provided to our office include boxes or containers labeled simply as “ballot drop boxes,” while others have
been designated misleadingly as “official ballot drop boxes,” the Memo reads.
He makes the distinction that these boxes are unlawful, even if submitting a ballot on behalf of another person is not. “State law does not authorize the use of unauthorized, non-official vote-by-mail ballot drop boxes. County elections officials alone have the authority to designate the location,
hours of operation, and number of drop boxes in the county, and have the responsibility for ensuring compliance with all applicable statutes and regulations that guarantee the security and chain of custody of vote-by-mail ballots deposited. Moreover, the use of unauthorized, non-official vote-by-mail ballot drop boxes does not comply with state law governing ballot collection activities.”
It also makes the following distinction:
Pursuant to Elections Code section 3011(a)(11), a person to whom a voter entrusts their vote-by-mail ballot to return to the county elections official must include their signature on the return vote-by-mail envelope as a the person authorized to return the ballot. That individual is also required to provide their name and relationship to the voter. (Elec. Code, § 3011(a)(9)-(11).) When a voter drops off a ballot in an unauthorized, non-official vote-by-mail drop box, no designated “person” would be signing, as required by state law. A person designated by the voter to return their vote-by-mail ballot envelope to the county elections official within the required time period by law, must provide their name, signature and relationship to the voter. (Elec. Code, § 3011(a)(11).)
The Secretary Of State also clearly defines what constitutes an authorized vote by mail box, what it must be constructed of, the permitted shape and structure, the requirement for an official number identifying number to be visible, and that officials determine the location it is placed in. Criminal penalties are set out for those that break these rules.
“In addition to the prohibition of providing non-official vote-by-mail ballot drop boxes, any person (not including county or state elections officials) providing a drop box, whether or not it is identified as “official” or “unofficial,” may be in violation of Elections Code section 18575, which states: Every person is guilty of a felony, and on conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three or four years, who at any election:
(a) Without first having been appointed and qualified, acts as an election officer.
(b) Not being an election officer, performs or discharges any of the duties of an election officer in regard to the handling, counting, or canvassing of any ballots.”