Attorney General Bonta Issues Bulletin on Third-Party Collection of Voter Ballots and Unofficial Ballot Drop-Off Containers

OAKLAND — Ahead of the Tuesday, November 5, 2024 General Election, California Attorney General Rob Bonta today issued a bulletin summarizing California laws that apply when voters entrust their ballots to another person for delivery to elections officials, as well as rules that apply to unofficial ballot collection containers. Active registered voters can track their ballots by signing up at wheresmyballot.sos.ca.gov and voters unsure of their registration status can check online at voterstatus.sos.ca.gov. 

“Here in California, all active registered voters are mailed vote-by-mail ballots because we want to make it as easy as possible for your voice to be heard,” said Attorney General Bonta. “California law also permits voters to entrust their completed mail ballots to someone else for delivery to election officials, which is another way our State makes it easier for people to vote. But, to ensure the integrity of our elections, those who accept another person’s ballot for delivery have serious responsibilities and, with today’s bulletin, we want to raise awareness of those responsibilities.”

Returning Vote-By-Mail Ballots 

The California Elections Code permits voters to return their voted vote-by-mail ballots in the following ways:

• Mailing it to your county elections official (no postage is required; must be postmarked on or before Election Day).
• Returning it in person to any polling place within the state or your county elections office by 8:00 pm on Election Day.
• Returning it to an official vote-by-mail ballot drop-off location within the state by 8:00 pm on Election Day.
• Authorizing a third party to return the ballot on your behalf, subject to requirements set forth below.

When a voter entrusts a third party to return their voted ballot, the following requirements apply:

• The designated person to whom the ballot is entrusted must include their name and signature on the vote-by-mail ballot return envelope as the person authorized to return the ballot.
• The designated person must return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter.
• The designated person may not receive any form of compensation based on the number of ballots that the person returns, and no party may compensate them on this basis.
• The designated person may not engage in other criminal acts related to that ballot.

The California Elections Code prohibits a variety of conduct relevant to the return of vote-by-mail ballots. For example, anyone who attempts to vote a vote-by-mail ballot by fraudulently signing the name of a regularly qualified voter, a person who is not qualified to vote, or a fictitious person is punishable by imprisonment for up to three years, or by a fine not exceeding one thousand dollars, or by both fine and imprisonment. 

Official Ballot Drop Boxes and Unofficial Drop-Off Containers

Only city and county elections officials may establish official ballot drop boxes. The regulations promulgated by the Secretary of State’s office provide extensive requirements for the design, use, and security of vote-by-mail ballot drop boxes. 

Certain conduct related to unofficial ballot drop off containers, or ballot drop boxes not established by elections officials, is prohibited. For example:

• It is a crime to display a container to collect ballots with the intent to deceive any voter into casting a ballot into an unofficial container. Evidence of intent to deceive voters may include using the word “official” on the container or other features that are likely to deceive voters into thinking that an unofficial container is an official drop box approved by election officials.
• It is a crime to direct or solicit a voter to place a ballot in containers described in the bullet above.

This conduct is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment for up to three years, or by both fine and imprisonment. It is also a crime to aid or abet anyone in the commission of these offenses, punishable by imprisonment in the county jail for six months or in the state prison for up to three years. 

The bulletin can be found here.