The Legal Rights of Election Observers in California

 

            Election observers, sometimes tainted with intimidation, have as of late used the courts to challenge California elections. Take for example Election Integrity Project California, Inc and Advocates For Faith and Freedom who filed a lawsuit against Mark Lunn as Ventura County Clerk/Recorder claiming they were denied the right to observe the vote-by-mail counting done by Ventura County employees.

            The trial court ruled for Ventura County. Election Integrity Project California, Inc (EIPC) appealed

 

Mail By Ballot Counting Must Be Open To The Public

            Election Code Section 15105 governs the handling of mail ballot return envelopes and the processing and counting of vote-by-mail ballots: “Vote-by-mail voter observers shall be allowed sufficiently close access to enable them to observe the vote-by-mail ballot return envelopes and the signatures on there and challenge whether those individuals handling vote-by-mail ballots are following established procedures…”

 

EIPC’s Claims

            EIPC claimed their observers must be allowed to personally compare the signature on the vote-by-mail ballot envelope with the signature on that voter’s affidavit of registration. While the observers were able to watch the vote counters make that comparison, they were not close enough to be able to personally compare the two signatures—giving rise to their lawsuit.

 

Court of Appeal Ruling

            The Second Appellate District Court of Appeal wrote that “the observers must be close enough to “observe the comparison,” that is, observe that the comparison is being made by election workers. Section 15105 does not say that the observer themselves must be able to make the comparison. The observers may watch the vote counters compare the two signatures.

 

PORTER’S TAKE

            This is a good ruling. To allow election observers to personally compare the signature on vote-by-mail ballot return envelopes to voter registration information would totally disrupt the process and make every election observer a vote counter, a job best left to authorized officials.

 

 

Jim Porter is a retired attorney from Porter Simon, formerly licensed in California and Nevada. Porter Simon has offices in Truckee California and Reno, Nevada. These are Jim’s personal opinions.  He may be reached at jameslporterjr@gmail.com. Like Porter Simon on Facebook. ©2025