Formal Rulemaking Activity:
Notice of Proposed Rulemaking: Electronic Voting – Notice File Number Z-2026-0820-01
This rulemaking package updates the Public Employment Relations Board’s regulations regarding the availability of electronic voting for representation elections. This rulemaking file also clarifies procedures for an employer’s production of the voter eligibility list, challenges to voter eligibility, ballot tally procedures, and objections to the tally of ballot procedures that apply to each type of election.
The entire rulemaking file is available for public inspection at PERB’s office between the hours of 8:00 a.m. and 5:00 p.m. at the following address:
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may be submitted by facsimile (FAX) at (916) 327-6377 or by e-mail to james.coffey@perb.ca.gov. The written comment period closes on October 21, 2026, which is 47 days after the publication of this notice. The Board will only consider comments received at the Board offices by that time. Submit written comments to:
James E. Coffey, Principal Attorney Supervisor
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811
E-Mail: james.coffey@perb.ca.gov
All written comments received by October 21, 2026, which pertain to the indicated changes will be reviewed and responded to by PERB’s staff as part of the compilation of the rulemaking file. Please limit comments on the proposed text to the modifications illustrated in underline/strikeout.
Notice of Proposed Regulatory Action – contains information about the proposed regulatory changes and procedural information.
Express Terms of the Proposed Regulatory Text – the text of the proposed regulations.
Initial Statement of Reasons – explains why the proposed regulatory changes are being made.
Prior Activities:
Preliminary Rulemaking Activity
At the October 9, 2025 Board meeting, the Board approved the submission of a rulemaking package to the Office of Administrative Law to promulgate new and amended regulations to facilitate electronic voting as an option for Board agents to consider in processing representation petitions, and related matters. PERB staff is preparing the initial submission.
The Board will consider proposed text for this upcoming rulemaking package at the October 9, 2025 Board meeting.
Proposed Text for Electronic Voting Regulations – the text of the proposed regulations.
At the December 12, 2024 Board meeting, the Board authorized a subcommittee to explore the use of electronic voting in representation elections.