Frequently Asked Questions Related to The Preservation of Federal Election Materials
How long must the Registrar of Voters retain federal election materials such as voted polling place ballots, voted vote-by-mail ballots, and voted provisional voter ballots?
The Registrar is required under Elections Code section 17301 to retain certain federal election materials, such as voted polling place ballots, voted vote-by-mail ballots, and voted provisional voter ballots for 22 months from the date of the election.
Does the Registrar of Voters have the authority to destroy or recycle certain federal election material prior to statutory retention period?
No. The Registrar has no authority to destroy or recycle certain federal election material before 22 months from the date of the election.
Can the Registrar of Voters retain federal election materials because of a request from a member of the public?
No. Elections Code section 17301 mandates the Registrar of Voters destroy the federal election materials including ballots after 22 months. The Registrar of Voters is only required to maintain records in certain circumstances, such as a criminal prosecution that involves fraudulent use, marking or falsification of ballots, or forgery of vote-by-mail voters’ signatures.