COMPLAINT TO THE DISTRICT ATTORNEY
COUNTY OF XXXXXXXXXXXXX
STATE OF CALIFORNIA
FILED JUNE 16, 2016
LIST OF REGISTERED VOTERS
Presently, there exist 2 state codes and 2 federal acts that determine election law in California, and therefore must be adhered to by county Registrars in federal elections. They are the following:
1. California Elections Code (CEC)
2. California Code of Regulations (CCR)
3. National Voter Registration Act (NVRA)
4. Help America Vote Act (HAVA)
Federal law must be adhered to by all states in federal elections. Many registrars in California believe that the CEC contains all of the laws for federal elections and do not know their obligations under federal law. Those that are employing federal law are using the guidelines set by the NVRA and not HAVA. This is a mistake as although HAVA does not conflict with the NVRA, it mandates policies and procedures that were merely suggested by the NVRA. Therefore, the ultimate authority over federal elections is HAVA and not the NVRA. Please read the email below.
CALIFORNIA ELECTIONS CODE
18501. Any public official who knowingly violates any of the provisions of this chapter, and thereby aids in any way the illegal casting or attempting to cast a vote, or who connives to nullify any of the provisions of this chapter in order that fraud may be perpetrated, shall forever be disqualified from holding office in this state and upon conviction shall be sentenced to a state prison for 16 months or two or three years.
Hello Ms. Nutting –
Following up on our phone conversation from earlier today, I am sending this email to reiterate what we discussed on the phone – namely, that California elections officials are required to comply both with the provisions of state law (including, but not limited to, the California Elections Code) and federal law (including, but not limited to, the National Voter Registration Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA)) when conducting elections for federal office. Similarly, California elections officials must comply with the requirements of both state and federal laws (including the NVRA and HAVA) with respect to conducting voter file maintenance.
Assembly Elections& Redistricting Committee
Legislative Office Building
1020 N Street, Suite 365
Sacramento, CA 95814
CALIFORNIA CODE OF REGULATIONS
20108.80. Certification of Elections Official
Each elections official shall certify that the county in which the elections official has jurisdiction over the electionsis in compliance with all provisions of this chapter for each Federal election. Elections officials shall do so by signing the certification form entitled Certification of Elections Official (01/2007), which is hereby incorporated by reference, and submit it to the Secretary of State with the statement of vote required pursuant to California Elections Code section 15375. The certification form entitled Certification of Elections Official (01/2007) shall be provided by the Secretary of State by electronic or regular mail or facsimile transmission to each elections official along with the statement of vote reporting instructions on or before the third day following a Federal election. Each elections official shall submit to the Secretary of State an original, fully executed Certification of Elections Official (01/2007) with t