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1. Access continues beyond Election Day

Journalists acting as observers may watch central counting operations from the start of vote-by-mail processing through certification, including the canvass. Processing includes signature verification, ballot duplication, and resolving voter selections that machines cannot read. Vote-by-mail processing and counting require at least 48 hours’ public notice; check schedule changes. Operations need not wait for your arrival. (Elections Code § 15104; 2 CCR §§ 20873(c), (h), (i), 20876(d), (f).)

2. Observation must allow you to see the work

Vote-by-mail processing must be open to public observation with sufficiently close access to see identification envelopes, signatures, dates, and ballot handling. Officials may set viewing distances for legitimate operational, privacy, and security reasons while preserving effective observation. Access need not be close enough for observers to compare signatures themselves. (Elections Code § 15104; 2 CCR §§ 20872(l), 20874(a).)

3. Check in and ask about capacity rules

Check in, obtain required observer identification, and follow lawful observation-area rules. If space limits attendance, ask how equal opportunity will be provided through rotation or a lottery where necessary. Local written rules must be consistent with California election law. (Elections Code § 15004; 2 CCR §§ 20874(g), (h), (j), 20875.)

4. Ask questions without interrupting processing

Observers may ask questions and receive answers about the process. Use the designated contact; if none is designated or available, ask the elections official or an election worker. Answers must be provided as soon as reasonably practicable. Disruptive questioning may be stopped. An official media interview is a separate request. (2 CCR § 20873(k).)

5. Observation is separate from camera access

Ask for written camera rules before setting up. Observation rights do not themselves establish unrestricted indoor recording rights. Camera restrictions must comply with applicable law; § 20876(b) addresses interference, voter privacy, and security. Do not touch ballots, containers, or equipment, enter unauthorized areas, or try to connect a voter’s identity with ballot choices. (Elections Code §§ 15204, 18562.5; 2 CCR § 20878.)

6. Follow the audit and explain unfinished results

The 1-percent manual tally is public. At least five days’ public notice is required before ballot selection, identifying selection and tally details. Observe the tally and review the published report for discrepancies and their resolution. Distinguish election-night totals from certified results. Ask which ballot categories remain, how many are outstanding, and when the next update is expected. (Elections Code § 15360; 2 CCR §§ 20312, 20315.)

7. Document access problems and seek help

Ask a supervisor for the legal basis for a restriction and the written rules. Record the time, location, names, instructions, and what you were prevented from observing. Notify your editor or counsel, and contact FAC. Avoid confrontation or disrupting operations.

General information about California law, not legal advice for a specific situation. Reading this sheet does not create an attorney-client relationship. Updated November 3, 2026 by Mickey Osterreicher, general counsel, National Press Photographers Association, which has additional guidance, with contributions by First Amendment Coalition staff Thadeus Greenson.

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