Reply #29: How the 'provisional' ballots are counted..... [View All]

This information is from the CALIFORNIA ELECTIONS CODE available at http://www.leginfo.ca.gov :)

CHAPTER 4. OFFICIAL CANVASS
Article 4. Processing and Counting Provisional Ballots....
15350

ELECTIONS CODE
SECTION 15350

15350. Provisional ballots cast pursuant to Section 14310 shall be
processed and counted in accordance with the provisions outlined in
Chapter 3 (commencing with Section 15100) and pursuant to the
requirements of Sections 14310 and 14311.

Which leads you to....

DIVISION 14. ELECTION DAY PROCEDURES
Article 5. Provisional Voting....14310-14311

ELECTIONS CODE
SECTION 14310-14311

14310. (a) At all elections, a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for absentee ballots, and shall be completed
in the same manner as absentee envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
absentee ballots, the elections official shall compare the signature
on each provisional ballot envelope with the signature on the voter's
affidavit of registration. If the signatures do not compare, the
ballot shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both,
shall not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters.
(3) A precinct board member shall notify the voter of the contents
of this subdivision at the time of receiving the provisional ballot
of the voter.
(4) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official, provided the ballot cast by the voter contained
only the candidates and measures on which the voter would have been
entitled to vote in his or her assigned precinct.
(d) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(e) This section shall apply to any absent voter described by
Section 3015 who is unable to surrender his or her unvoted absent
voter's ballot.
(f) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.

Look for this to be used as an excuse for the envelopes that required that the 'optical scan' ballots be folded in order to fit in the sealed envelope!

14311. (a) A voter who has moved from one address to another within
the same county and who has not reregistered to vote at that new
address may, at his or her option, and upon showing proof of current
residence, vote on the day of the election at the polling place at
which he or she is entitled to vote based on his or her current
residence address, or at the office of the county elections official
or other central location designated by that elections official. The
voter shall be reregistered at the place of voting for future
elections.
(b) Voters casting ballots under this section shall be required to
vote by provisional ballot, as provided in Section 14310.
(c) The Secretary of State shall, by regulation, adopt procedures
for determining the documents or other materials that constitute
proof of residence for purposes of voting under this section.


And here....

DIVISION 15. SEMIFINAL OFFICIAL CANVASS, OFFICIAL CANVASS,
RECOUNT, AND TIE VOTE PROCEDURES

CHAPTER 2. ABSENTEE BALLOT PROCESSING....15100-15112

ELECTIONS CODE
SECTION 15100-15112

15100. The provisions of this chapter apply to the processing of
absentee ballots during the 29-day period before any election, during
the semifinal official canvass, and during the official canvass.

15101. (a) Any jurisdiction in which absentee ballots are cast may begin to process absentee ballot return envelopes beginning 29 days before the election. Processing absentee ballot return envelopes may include verifying the voter's signature on the absentee ballot
return envelope and updating voter history records.
(b) Any jurisdiction having the necessary computer capability may
start to process absentee ballots on the seventh day prior to the
election. Processing absentee ballots includes opening absentee
ballot return envelopes, removing ballots, duplicating any damaged
ballots, and preparing the ballots to be machine read, or machine
reading them, but under no circumstances may a vote count be accessed
or released until 8 p.m. on the day of the election. All other
jurisdictions shall start to process absentee ballots at 5 p.m. on
the day before the election.
(c) Results of any absentee ballot tabulation or count shall not
be released prior to the close of the polls on the day of the
election.

The above might explain the numbers shown in counties with 0.0% reporting during the early count.

15102. The official shall appoint a special counting board or
boards in numbers that he or she deems adequate to count the absentee
ballots. The official shall provide for the forms of tally books
and the distribution of the duties of the members of the canvassing
board.
When the tally is done by hand, there shall be no less than four
persons for each office or proposition to be counted. One shall read
from the ballot, the second shall keep watch for any error or
improper vote, and the other two shall keep the tally.

15103. The elections official shall pay a reasonable compensation to each member of the canvassing board of absentee ballots. This compensation shall be paid out of the treasury of the agency conducting the election as other claims against it are paid.

15104. (a) The processing of absentee ballot return envelopes, and the processing and counting of absentee ballots shall be open to the public, both prior to and after the election.
(b) Any member of the county grand jury, and at least one member
each of the Republican county central committee, the Democratic
county central committee, and of any other party with a candidate on
the ballot, and any other interested organization, shall be permitted to observe and challenge the manner in which the absentee ballots are handled, from the processing of absentee ballot return envelopes through the counting and disposition of the ballots.
(c) The elections official shall notify absentee voter observers
and the public at least 48 hours in advance of the dates, times, and
places where absentee ballots will be processed and counted.
(d) Absentee voter observers shall be allowed sufficiently close
access to enable them to observe and challenge whether those
individuals handling absentee ballots are following established
procedures, including all of the following:
(1) Verifying signatures and addresses by comparing them to voter
registration information.
(2) Duplicating accurately any damaged or defective ballots.
(3) Securing absentee ballots to prevent any tampering with them
before they are counted on election day.
(e) No absentee voter observer shall interfere with the orderly
processing of absentee ballot return envelopes or processing and
counting of absentee ballots, including touching or handling of the
ballots.

15105. Prior to processing and opening the identification envelopes of absent voters, the elections official shall make available a list of absent voters for public inspection, from which challenges may be presented. Challenges may be made for the same reasons as those
made against a voter voting at a polling place. In addition, a challenge may be entered on the grounds that the ballot was not
received within the time provided by this code or that a person is
imprisoned for a conviction of a felony. All challenges shall be
made prior to the opening of the identification envelope of the
challenged absent voter.

15106. Except as otherwise provided, the processing of absentee
ballot return envelopes, the processing and counting of absentee
ballots, and the disposition of challenges of absentee ballots shall
be according to the laws now in force pertaining to the election for
which they are cast. Because the voter is not present, the
challenger shall have the burden of establishing extraordinary proof
of the validity of the challenge at the time the challenge is made.

15107. If a challenge is overruled, the board shall open the
identification envelope without defacing the affidavit printed on it
or mutilating the enclosed ballot and, without viewing the ballot,
remove it and destroy the numbered slip, if any remains, and store
the ballots in a secure location.

15108. If a challenge is allowed, the board shall endorse on the face of the identification envelope the cause of the challenge and
its action thereon.

15109. Except as otherwise provided in this chapter, the counting and canvassing of absentee ballots shall be conducted in the same manner and under the same regulations as used for ballots cast in a precinct polling place.

15110. Reports to the Secretary of State of the findings of the
canvass of absentee ballots shall be made by the elections official
pursuant to Chapter 3 (commencing with Section 15150) and Chapter 4
(commencing with Section 15300).

15111. The elections official shall keep an accurate list of all voters who have received and voted an absentee ballot at each
election and compare this list with the roster of voters as provided
in Section 15278. That list shall include the election precinct of
the voter.

15112. When elections are consolidated pursuant to Division 10
(commencing with Section 10000), and only one form of ballot is used
at the consolidated election, the ballots cast by absent voters shall
be counted only in connection with elections to which absent voter
privileges have been extended by law.
Whenever the period of time within which absent voters' ballots
shall be received by the elections official in order to be counted,
as provided for any election by this code or any other law of this
state, is different from that period of time provided for another
election, and the elections are consolidated and only one form of
ballot used for both elections, all absent voters' ballots issued for
the consolidated election may be counted for both elections if
received by the elections official within whichever period of time is
longer.


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