Rogue Ballot Drop Boxes

ed. The California GOP's ballot collection program drew attention in mid-October when the Secretary of State and the Attorney General, both Democrats, issued a cease and desist order on unofficial ballot drop boxes.  The notion of rogue ballot drop boxes drew national notice, and one can see the potential for mischief.  The CAGOP defended the program, making minor adjustments and pointing to similar efforts by Democrats.  It was somewhat ironic that Republicans were fighting ballot drop boxes in other states, but were putting out their own in California.

                                                             ______________

cease and desist letter
 

California Secretary of State Alex Padilla
SOS Press Office
October 12, 2020

Secretary of State Alex Padilla and Attorney General Xavier Becerra Send Cease and Desist Letters on Ballot Drop Boxes

SACRAMENTO, CA – Today California Secretary of State Alex Padilla and Attorney General Xavier Becerra sent a cease and desist order to the California Republican Party to stop operating unofficial ballot drop boxes. This follows reports of unofficial drop boxes being operated by Republican campaigns in Fresno, Los Angeles, and Orange Counties.

Click here to view a video recording of the virtual press conference.
Click here to view a copy of the Cease and Desist Letter.
Click here to view attachments to the Cease and Desist Letter.

“Misleading voters is wrong, regardless of who is doing it,” Secretary of State Alex Padilla said. “Political parties and campaigns can engage in get out the vote efforts, but they cannot violate state law. The unofficial, unauthorized drop boxes in question violate state law and jeopardize the security of voters’ ballots. State and local elections officials have worked tirelessly to provide voters multiple safe, secure options to return their vote-by-mail ballots. These unauthorized drop boxes are a disservice to elections administrators and a disservice to voters who deserve to cast their ballots with clarity and confidence.”

"There is nothing more precious or fundamental in a real democracy than the vote," said Attorney General Becerra. "Anyone who tampers with the vote is tampering with free and fair elections. We will do all that's necessary under law to protect Californians' right to vote."

The Secretary of State’s office has also sent letters to the other qualified political parties, reminding them of the rules about ballot drop boxes.

Voters can look-up official ballot drop boxes, drop-off locations, and early voting sites at caearlyvoting.sos.ca.gov.

Voters should report any unauthorized ballot drop boxes to their county elections office or to the Secretary of State’s office at 1-800-345-VOTE or votesure@sos.ca.gov.

The Secretary of State’s guidance to county elections officials on ballot drop boxes can be found at: https://elections.cdn.sos.ca.gov/ccrov/pdf/2020/october/20240jl.pdf  ​​​​

Problems with Unofficial Ballot Drop Boxes:

  • These unofficial drop boxes mislead voters and were misrepresented as being “official” and secure.
  • CA Elections Code Section 3025 specifies that vote-by-mail ballot drop boxes are “secure receptacles” established by local elections officials. These boxes must adhere to state regulations for security.
  • Use of these ballot drop boxes calls into question compliance with CA Elections Code 3017 and 3011, which allows voters to designate an individual to return their ballot. Any individual returning a ballot on behalf of a voter must provide their name, signature, and relation to the voter on the return envelope. Voters must know who specifically is returning their ballot.
Tips for voters:

  • Make a plan to vote. You can return your vote-by-mail using the prepaid postage return envelope or by bringing it to any official drop box, voting location, or county elections office. 
  • Voters can also choose someone to return their ballot. Only choose someone you trust to return your ballot. You and the other person must sign the back of the return envelope. Never give your ballot to someone else unless you have completed, signed, and sealed the return envelope. 
  • Sign up for ballot tracking. You can sign-up at wheresmyballot.sos.ca.gov to get automatic notifications by text message (SMS), email, or voice message about the status of your vote-by-mail ballot. You’ll be notified once your county has received your ballot, once it has been counted, and if there are any issues with the ballot. 
  • Get information on voting from trusted, official sources—the county elections office and the Secretary of State. The Secretary of State has resources for California voters at vote.ca.gov
###

Senator Thomas J. Umberg (D-Orange County)
Assemblymember Marc Berman (D-Menlo Park)

FOR IMMEDIATE RELEASE: October 15, 2020

 

State Election Leaders, Umberg and Berman, Condemn Fake Ballot Boxes & Issue Warning to Partisan Perpetrators

 
(Sacramento, CA) – Today, Senator Thomas J. Umberg (D-Orange County), Chair of the Senate Committee on Elections and Constitutional Amendments, and Assemblymember Marc Berman (D-Menlo Park), Chair of the Assembly Committee on Elections and Redistricting, condemned the recent reports of unauthorized ballot drop boxes appearing throughout California. Metal containers marked “Official ballot drop-off box” have been popping up in gyms, gun stores, campaign headquarters, and even churches across the state in recent weeks, with Republicans urging voters to drop their ballots inside. As the Legislature’s elections experts, Senator Umberg and Assemblymember Berman are informing anyone involved in the Republican Party’s illegal activity that doing so may be a crime under California law.


“It is no surprise that President Trump supports this latest attempt at misleading voters. The Republican Party will stop at nothing in their desperate effort to try to erode the public’s trust in our election system,” said Senator Umberg. “Posting fake drop-off boxes in order to deceive voters and then complaining that mail-in ballots promote fraud is akin to robbing your own bank and then complaining about inadequate security.” Those setting up these boxes in an attempt to misrepresent themselves as election officials and subvert our Democracy must be punished.”
 
“Four years ago, California amended state law to allow a voter to designate any trusted person to return that voter’s completed vote-by-mail ballot. That law was based on a simple principle: that it shouldn’t be a crime for a voter to ask a neighbor, friend, or co-worker to help ensure that their vote is counted,” said Assemblymember Berman. “To be clear, while California law allows a voter to give their ballot to a trusted person to return, it does not allow private organizations to set up unsecure and unstaffed collection boxes, and to mislead voters into believing that they are operated by the elections officials that are charged with running elections.”
 
California Elections Code Section 18002 makes it a felony for a person to willfully neglect or refuse to perform a duty that is imposed on them under California’s election laws. When a voter designates another person to return the voter’s ballot, Elections Code Section 3011(a)(9)-(11) requires that designee to provide their name, relationship to the voter, and signature on the ballot identification envelope. It also requires that designee to submit that ballot within three days.  People erecting these scam drop boxes are subject to criminal prosecution if ballots are not returned unscathed within the required timeframe. 
 
Voters who have dropped their ballots into one of these unauthorized drop boxes should know that California law ensures that their vote will be counted, notwithstanding the misconduct of the California Republican Party. To ensure that the appropriate elections official receives their ballot, voters should sign-up to track their ballot at http://wheresmyballot.sos.ca.gov/.
 
###
 
Follow Senator Umberg on Facebook and Twitter.
 
Senator Thomas Umberg represents the 34th Senate District, which includes the cities of Anaheim, Fountain Valley, Huntington Beach, Garden Grove, Long Beach, Los Alamitos,
Midway City, Orange, Santa Ana, Seal Beach, and Westminster. Umberg is a retired 
U.S. Army Colonel, and former federal prosecutor. He and his wife, Brigadier General Robin Umberg, USA (ret.), live in Orange County.
Senator Umberg’s official headshot is available here.
 
###
 
Follow Assemblymember Berman on Facebook and Twitter.

Assemblymember Marc Berman represents the 24th Assembly District, which includes southern San Mateo County and northern Santa Clara County in the heart of the Silicon Valley. Website of Assemblymember Marc Berman: www.assembly.ca.gov/Berman. Assemblymember Marc Berman’s official headshot is available here.

California Republican Party
October 21, 2020

CAGOP Prevails in Court on Ballot Collection Program

"The California Republic Party prevailed today in a hearing on the state's attempted voter privacy violations and partisan harassment initiated by the California Attorney General and Secretary of State.

"Sacramento Superior Court Judge Brown found that the Attorney General provided no factual basis supporting the state's demand that we identify the voters who have entrusted us with their ballots, in connection with the CAGOP's ballot collection program, and no legal authority for demanding those answers in mere days. Judge Brown even brought up Rep. Harley Rouda's "neighborhood hubs" ballot gathering program, similar to the CAGOP's, forcing the Attorney General's office to hint they "may" be looking into it.

"The California Republican Party will continue to help Californians vote safely and securely by continuing to gather ballots in trusted places, and deliver them promptly according to law. We urge voters to get their votes in NOW to avoid lines on Election Day."

Hector Barajas, spokesman for the California Republican Party