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HomeElections CodeDiv. 17Ch. 4§ 17305 Federal Election Records Retention

§ 17305 Federal Election Records Retention

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 17305 Federal Election Records Retention

This law tells election officials how to keep and handle ballot boxes and related items after a presidential, vice‑presidential, Senate or House election.

Key Takeaways

  • •Applies only to elections for President, Vice President, U.S. Senator, or U.S. Representative.
  • •All ballot‑related items must be kept for 22 months after the election, or longer if a vote dispute is still unresolved.
  • •The elections official decides what ultimately happens to those items.
  • •Sealed ballot containers stay closed unless the official says they need to be opened for shredding or recycling.

Example

After the 2024 presidential election, the county elections officer stores the sealed ballot containers for at least 22 months. If a legal challenge about the vote is still being decided, the containers stay longer. The officer only opens the sealed boxes when it’s time to shred or recycle the ballots.

The law requires the official to keep the items for 22 months (or longer if a contest isn’t settled) and to decide when and how to finally get rid of them, opening them only for shredding or recycling.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 17305 Federal Election Records Retention

(a) The following provisions apply to those elections where candidates for one or more of the following offices are voted upon: President, Vice President, United States Senator, and United States Representative. (b) Upon the completion of the counting of the votes as provided in Article 4 (commencing with Section 15640) of Chapter 9 of Division 15, all items specified in subdivision (b) of Section 17301 shall be kept by the elections official for 22 months from the date of the election or so long thereafter as any contest involving the vote at the election remains undetermined. (c) Notwithstanding any other provision of this code, the final disposition of all items specified in subdivision (b) of Section 17301 shall be determined by the elections official. (d) Sealed ballot containers shall not be opened unless the elections official determines it is necessary in a shredding or recycling process. This section shall not be construed to allow packages or containers to be opened except for purposes specified herein. The packages or containers shall otherwise remain unopened until the ballots and paper cast vote records are destroyed or recycled. (Amended by Stats. 2024, Ch. 605, Sec. 8. (SB 1328) Effective September 25, 2024.)

Last verified: January 10, 2026

Key Terms

elections official22 monthssealed ballot containers

Related Statutes

  • § 17301 Federal Election Ballot Retention
  • § 17303 Federal Election Record Retention
  • § 17306 Election Records Retention Rules
  • § 11301 Petition Signature Examination Rules
  • § 11302 Recall Election After Vacancy

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 17305.
View Official Source