QUESTION: Does an Inspector of Elections have the right to discard and not count ballots if the return signature and address on the return envelope are illegible?ANSWER: Yes, Inspectors can (and should) set aside and not count envelopes where they cannot identify the voter. To prevent voter fraud, the Davis-Stirling Act requires that owners identify themselves by name, address and signature.
In the upper left hand corner of the second envelope, the voter shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote. Civil Code 1363.03(e)(1).
No Discards. Inspectors should not discard any ballots or outer envelopes. All election materials (including voided envelopes and ballots) must be kept for at least one year.