A new state law gives California voters more time to fix their ballot if it has a missing or mismatched signature — but that means official election results may be a bit delayed this year.
Signed into law by Gov. Gavin Newsom in September, the new law sets a statewide ballot signature challenge cure deadline.
In other words, it gives voters in the 2024 general election until 5 p.m. on Sunday, Dec. 1 (26 days after Election Day) to resolve signature issues with their ballot.
And that means county elections officials cannot certify the results until Tuesday, Dec. 3.
In 2022, nearly 50% of rejected ballots (nearly 60,000) were done so because of a missing or mismatched signature, said Assemblymember Marc Berman, D-Menlo Park, who authored the bill.
Prior to this law, voters had until 5 p.m. two days prior to the certification of the election to fix any signature issues — counties had a deadline to certify results but didn’t need to hold off until that date to do so, Berman said in the bill’s analysis. That meant voters may not have known when the certification was to happen and could miss the deadline to fix a signature issue.
The new law, Berman said, “provides voters with greater certainty if they are notified of signature issues this November, ensuring that everyone is operating on a level playing field.”
In years past, county elections officials may not have needed the full 28 days to contact voters with signature issues and certify elections.
In Orange County, for example, the registrar of voters was able to complete its canvass of the March primary 17 days after Election Day. In the 2022 general election, it was able to do so 23 days after Election Day.
“We always have mailed cure notification letters at least eight days before we certify the election,” said Bob Page, Orange County’s registrar. “Not every voter submits a signature verification statement after we notify them their ballot has been challenged for a signature issue.”
The bill saw bipartisan support in the legislature. Every legislator who voted on the bill did so in favor of it, according to an analysis from CalMatters’ Digital Democracy project.
The new law only pertains to the 2024 general election.
In Orange County, voters with signature issues are notified by first-class mail of the deadline to correct the problem. Workers with the registrar of voters may also call or email a voter, if that contact information is provided.
Signature problems could include a missing signature or if three members of the registrar of voter’s signature verification team determine the signature on the ballot “significantly differs from the voter’s signatures we have on file in their voter registration record,” Page said.
If a voter does have a signature issue, they can submit a signed signature verification statement in various ways, per the registrar:
• Through the mail to the Orange County Registrar of Voters (1300 S. Grand Ave., Building C in Santa Ana);
• In person to any vote center before 8 p.m. on Election Day (Tuesday, Nov. 5) or to the registrar’s office by 5 p.m. on Dec. 1;
• In any of the ballot drop boxes around Orange County, including at the registrar’s Santa Ana office, by 8 p.m. on Election Day;
• Emailed to ocvoter@ocvote.gov;
• Faxed to the registrar’s office at 714-567-7556 or 714-333-4488;
• Through a mobile device application.
Voters who turned in a ballot missing a signature must sign a form that states, under penalty of perjury, that they have not and will not vote more than one ballot in the election, that they are a resident of the precinct of which they voted and that they are the person whose name was on the ballot.
The form for voters with a mismatched signature is similar.
Both say: “I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years.”
More information can be found at ocvote.gov/voting/vote-by-mail-voting.
Election Day is Tuesday, Nov. 5.
Ballots must be returned to a drop box or voting location by 8 p.m. on Nov. 5.
If you’re still in line to vote when the polls are scheduled to close on Election Day (8 p.m.), you are still allowed to vote. Poll workers are instructed, per the secretary of state, to prohibit anyone who arrived after 8 p.m. from voting, but people who are still in line are still allowed to cast their ballot.
For those who choose to mail back their ballot, though, they must be postmarked by Nov. 5 and received by your county elections office within seven days after Election Day.
California’s secretary of state will certify the statement of vote (results) on Friday, Dec. 13.
