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HomeElections CodeDiv. 17Ch. 4§ 17306 Election Records Retention Rules

§ 17306 Election Records Retention Rules

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

§ 17306 Election Records Retention Rules

This law says that after a state or local election, the election official must keep certain election items for six months (or longer if a race is still being decided), decides what to do with them, and can only open sealed ballot boxes for shredding or recycling.

Key Takeaways

  • •Applies to state or local elections that don’t have federal races on the same ballot.
  • •Election items must be kept for six months, or longer if any contest is still unresolved.
  • •The elections official decides the final fate of those items and may only open sealed ballot containers for shredding or recycling.

Example

A city holds an election for mayor. After the votes are counted, the city clerk stores the ballot boxes and other election paperwork for six months. When the six months are up, the clerk decides to recycle the empty ballot containers, opening them only to shred the paper inside.

The law requires the clerk to keep the items for six months and only open the sealed containers if they need to be shredded or recycled, just like the rule says.

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

Official Source
View on CA.gov

§ 17306 Election Records Retention Rules

(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17305. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (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 17302 shall be kept by the elections official for six 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 17302 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. 9. (SB 1328) Effective September 25, 2024.)

Last verified: January 10, 2026

Key Terms

state or local electionselections officialsealed ballot containersshredding or recycling process

Related Statutes

  • § 17305 Federal Election Records Retention
  • § 11301 Petition Signature Examination Rules
  • § 11302 Recall Election After Vacancy
  • § 11303 Recall Petition Signature Withdrawal
  • § 11327 Recall Officer Voter Statement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 17306.
View Official Source