3000. This division shall be liberally construed in favor of the
vote by mail voter.
3001. Except as provided in Chapter 3 (commencing with Section
3200) and Sections 3007.5 and 3007.7, application for a vote by mail
voter's ballot shall be made in writing to the elections official
having jurisdiction over the election between the 29th and the 7th
day prior to the election. The application shall be signed by the
applicant and shall show his or her place of residence. Any
applications received by the elections official prior to the 29th day
shall be kept and processed during the application period.
3002. (a) Notwithstanding Section 3001, a person granted
confidentiality pursuant to Section 2166 shall be considered a vote
by mail voter.
(b) The provisions of Chapter 3 (commencing with Section 3200)
relating to permanent vote by mail voters shall apply so far as they
may be consistent with this section and Section 2166.
(c) All persons granted confidentiality pursuant to Section 2166
shall (1) be required to vote by mail ballot, and (2) in addition to
the required residence address, provide a valid mailing address to
the county elections official to be used in place of the residence
address.
3003. The vote by mail ballot shall be available to any registered
voter.
3004. The county elections official shall place a notice in any
office within the county where applications are taken for federal
passports or where military enlistments are received to inform
potential special absentee voters of their right to a vote by mail
voter's ballot and where registration materials and application forms
can be obtained.
3005. Whenever, on the 88th day before the election, there are 250
or less persons registered to vote in any precinct, the elections
official may furnish each voter with a vote by mail ballot along with
a statement that there will be no polling place for the election.
The elections official shall also notify each voter of the location
of the two nearest polling places in the event the voter chooses to
return the ballot on election day. The voter shall not be required to
file an application for the vote by mail ballot and the ballot shall
be sent as soon as the ballots are available.
No precinct shall be divided in order to conform to this section.
3006. (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official not later than seven days prior
to the date of the election and shall contain spaces for the
following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The name and date of the election for which the request is to
be made.
(b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
(3) An application that contains preprinted information shall
contain a conspicuously printed statement substantially similar to
the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county
where you reside."
(c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail ballot for a particular political party for the primary
election, if that political party has adopted a party rule, duly
noticed to the Secretary of State, authorizing that vote. The
application shall contain a toll-free telephone number, established
by the Secretary of State, that the voter may call to access
information regarding which political parties have adopted such a
rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads substantially similar to
the following: "I am not presently affiliated with any political
party. However, for this primary election only, I request a vote by
mail ballot for the _________ Party." The name of the political party
shall be personally affixed by the voter.
(d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
(e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
3007. The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform application format for a
vote by mail voter's ballot that conforms to this chapter. This
format shall be followed by all individuals, organizations, and
groups who distribute applications for a vote by mail voter's ballot.
The uniform format need not be utilized by elections officials in
preparing a vote by mail voter's ballot application to be included
with the sample ballot.
3007.5. (a) The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform electronic application
format for a vote by mail voter's ballot that conforms to this
section.
(b) The uniform electronic application shall inform the voter that
the application for the vote by mail voter's ballot must be received
by the elections official not later than seven days prior to the
date of the election and shall contain spaces for at least the
following information:
(1) The name and residence address of the registered voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The name and date of the election for which the request is
made.
(4) The date of birth of the registered voter.
(c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with a political party, the voter may
request a vote by mail ballot for a particular political party for
the primary election, if that political party has adopted a party
rule, duly noticed to the Secretary of State, authorizing that vote.
The application shall contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall list the parties that have
notified the Secretary of State of the adoption of such a rule. The
application shall contain a checkoff box with a conspicuously printed
statement that reads substantially similar to the following: "I am
not presently affiliated with any political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
(d) The uniform electronic application shall contain a
conspicuously printed statement substantially similar to the
following: "Only the registered voter himself or herself may apply
for a vote by mail ballot. An application for a vote by mail ballot
made by a person other than the registered voter is a criminal
offense."
(e) The uniform electronic application shall include a statement
substantially similar to the following: "A ballot will not be sent to
you if this application is incomplete or inaccurate."
(f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
3007.7. (a) The local elections official may offer a voter the
ability to electronically apply for a vote by mail voter's ballot. If
the local elections official offers the uniform electronic
application, the electronic application shall be in an interactive
Internet format to be completed through the local elections official'
s secure Internet Web site and may not be a downloadable form. The
nondownloadable form shall be of a format that would allow the
registered voter making an application for a vote by mail voter's
ballot to enter the required information and submit the single form
directly to the elections official's secure Internet Web site. The
local elections official shall make every effort to ensure the
security of the submitted information.
(b) Upon receiving an electronic vote by mail ballot application
that contains the required information within the proper time, the
elections official shall check the information provided against the
voter's information on file. If the elections official deems the
applicant entitled to a vote by mail voter's ballot, the elections
official shall deliver the appropriate vote by mail voter's ballot by
mail or in person.
(c) If the elections official determines that an electronic vote
by mail ballot application does not contain all of the required
information, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official may not mail the voter a vote by mail voter's ballot, but
shall mail the voter a notice of defect. The notice of defect shall
do both of the following:
(1) Specifically inform the voter of the information that is
required or the reason for the defect in the application.
(2) State the procedure necessary to remedy the defective
application.
(d) An address, as required by paragraph (2) of subdivision (b) of
Section 3007.5, may not be the address of any political party, a
political campaign headquarters, or a candidate's residence. However,
a candidate, his or her spouse, immediate family members, and any
other voter who shares the same residence address as the candidate
may request that a vote by mail ballot be mailed to the candidate's
residence address.
(e) Except as provided in Section 3007.5 and this section, all
other sections of this code pertaining to vote by mail voter
applications, submissions, deadlines, and canvassing shall apply to
electronic vote by mail ballot applications and applicants.
3008. (a) Any individual, organization, or group that distributes
applications for vote by mail voter ballots and receives completed
application forms shall return the forms to the appropriate elections
official within 72 hours of receiving the completed forms, or before
the deadline for application, whichever is sooner. The name,
address, and telephone number of any organization that authorizes the
distribution of the applications shall be included on the
application.
(b) Any application for a vote by mail voter's ballot that is sent
by an individual, group, or organization to a voter shall be
nonforwardable. Any vote by mail voter's ballot that is returned to
an elections official as undeliverable shall not be forwarded by the
elections official.
(c) A person may not submit a vote by mail ballot application
electronically for another registered voter.
3009. (a) Upon receipt of any vote by mail ballot application
signed by the voter that arrives within the proper time, the
elections official should determine if the signature and residence
address on the ballot application appear to be the same as that on
the original affidavit of registration. The elections official may
make this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot is
canvassed.
(b) If the elections official deems the applicant entitled to a
vote by mail voter's ballot he or she shall deliver by mail or in
person the appropriate ballot. The ballot may be delivered to the
applicant, his or her spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in the same household as the vote
by mail voter, except that in no case shall the ballot be delivered
to an individual under 16 years of age. The elections official shall
deliver the vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail voter only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant and his or her relationship to the
applicant, and affirms that he or she is 16 years of age or older,
and is authorized by the applicant to deliver the vote by mail
ballot.
(c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official shall, within one working day of receiving the application,
mail the voter a vote by mail voter's ballot together with a notice.
The notice shall inform the voter that the voter's vote by mail voter'
s ballot shall not be counted unless the applicant provides the
elections official with the missing information or corrects the
defects prior to, or at the time of, receipt of the voter's executed
vote by mail voter's ballot. The notice shall specifically inform the
voter of the information that is required or the reason for the
defects in the application, and shall state the procedure necessary
to remedy the defective application.
If the voter substantially complies with the requirements
contained in the elections official's notice, the voter's ballot
shall be counted.
In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
3010. The elections official shall deliver to each qualified
applicant:
(a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
(b) All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered
to any voter under this chapter.
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
3012. Whenever the elections official is required to mail a vote by
mail voter's ballot to any elector and the address to which the
ballot is to be mailed is a point outside the territorial limits of
the United States, the elections official shall mail the vote by mail
voter's ballot to the elector by airmail and, if under any law of
the United States official election ballots may be mailed without the
payment of postage, the elections official shall so mail them.
3013. Upon delivering or mailing a vote by mail voter's ballot, the
elections official shall enter on the application of the vote by
mail voter, or on the affidavit of registration, the type of ballot
and the date of delivering or mailing. Before the election the
elections official shall send to the inspector of each precinct in
his or her county or city a list of the voters in that precinct
applying for and receiving ballots under the provisions of this
chapter.
3014. The elections official shall send a second vote by mail voter
ballot to any voter upon receipt of a statement under penalty of
perjury that the voter has failed to receive, lost, or destroyed his
or her original ballot.
The elections official shall keep a record of each vote by mail
voter ballot sent to and received from a voter and shall verify,
prior to counting any duplicate ballot, that the voter has not
attempted to vote twice. If it is determined that a voter has
attempted to vote twice, both ballots shall be void.
3015. Vote by mail voters who return to their home precincts on
election day may vote only if they surrender their vote by mail voter
ballots to the inspector of the precinct board.
The precinct board shall return the unused vote by mail voters'
ballots to the elections official in an envelope designated for this
purpose.
3016. Any vote by mail voter who is unable to surrender his or her
vote by mail voter's ballot within the meaning of Section 3015 shall
be issued a provisional ballot in accordance with Section 14310.
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to any member of a
precinct board at any polling place within the jurisdiction. However,
a vote by mail voter who, because of illness or other physical
disability, is unable to return the ballot, may designate his or her
spouse, child, parent, grandparent, grandchild, brother, sister, or a
person residing in the same household as the vote by mail voter to
return the ballot to the elections official from whom it came or to
the precinct board at any polling place within the jurisdiction. The
ballot must, however, be received by either the elections official
from whom it came or the precinct board before the close of the polls
on election day.
(b) The elections official shall establish procedures to ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used pursuant to this
section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section.
(e) Notwithstanding subdivision (a), no vote by mail voter's
ballot shall be returned by any paid or volunteer worker of any
general purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a
candidate's spouse.
3018. (a) Any voter using a vote by mail ballot may, prior to the
close of the polls on election day, vote the ballot at the office of
the elections official. The voter shall vote the ballot in the
presence of an officer of the elections official or in a voting
booth, at the discretion of the elections official, but in no case
may his or her vote be observed. Where voting machines are used the
elections official may provide one voting machine for each ballot
type used within the jurisdiction. Elections officials may provide
electronic voting devices for this purpose provided that sufficient
devices are provided to include all ballot types in the election.
(b) For purposes of this section, the office of an elections
official may include satellite locations. Notice of the satellite
locations shall be made by the elections official by the issuance of
a general news release, issued not later than 14 days prior to voting
at the satellite location, except that in a county with a declared
emergency or disaster, notice shall be made not later than 48 hours
prior to voting at the satellite location. The news release shall set
forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will
be open.
(3) A telephone number that voters may use to obtain information
regarding vote by mail ballots and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to
this section shall be placed in a vote by mail voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes electronic voting
devices, the vote by mail ballot may be cast on an electronic voting
device.
3019. Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
If the elections official has compared the signature of the voter'
s application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
No ballot shall be removed from its identification envelope until
the time for processing. No ballot shall be rejected for cause after
the envelope has been opened.
In determining from the records of registration if the signature
and residence address on the identification envelope appear to be the
same as that on the affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with the law.
3020. All vote by mail ballots cast under this division shall be
received by the elections official from whom they were obtained or by
the precinct board no later than the close of the polls on election
day.
3021. After the close of the period for requesting vote by mail
voter ballots by mail any voter unable to go to the polls because of
illness or disability resulting in his or her confinement in a
hospital, sanatorium, nursing home, or place of residence, or any
voter unable because of a physical handicap to go to his or her
polling place or because of that handicap is unable to vote at his or
her polling place due to existing architectural barriers at his or
her polling place denying him or her physical access to the polling
place, voting booth, or voting apparatus or machinery, or any voter
unable to go to his or her polling place because of conditions
resulting in his or her absence from the precinct on election day may
request in a written statement, signed under penalty of perjury that
a ballot be delivered to him or her. This written statement shall
not be required if the vote by mail ballot is voted in the office of
the elections official as defined by subdivision (b) of Section 3018,
at the time of the request. This ballot shall be delivered by the
elections official to any authorized representative of the voter who
presents this written statement to the elections official.
Before delivering the ballot the elections official may compare
the signature on the request with the signature on the voter's
affidavit of registration, but in any event, the signature shall be
compared before the vote by mail ballot is canvassed.
The voter shall mark the ballot, place it in the identification
envelope, fill out and sign the envelope and return the ballot,
personally or through the authorized representative, to either the
elections official or any polling place within the jurisdiction.
These ballots shall be processed and counted in the same manner as
other vote by mail ballots.
3022. The elections official shall include with the sample ballot
an application for a vote by mail ballot.
3023. Each ballot that is delivered pursuant to this chapter shall
be accompanied by a ballot pamphlet, unless the voter has already
been provided a ballot pamphlet.
3024. The cost to administer vote by mail ballots where issues and
elective offices related to school districts, as defined by Section
17519 of the Government Code, are included on a ballot election with
noneducation issues and elective offices shall not be fully or
partially prorated to a school district. The Commission on State
Mandates shall delete school districts, county boards of education,
and community college districts from the list of eligible claimants
in the Parameters and Guidelines for the Absentee Ballot Mandates.
3000. This division shall be liberally construed in favor of the
vote by mail voter.
3001. Except as provided in Chapter 3 (commencing with Section
3200) and Sections 3007.5 and 3007.7, application for a vote by mail
voter's ballot shall be made in writing to the elections official
having jurisdiction over the election between the 29th and the 7th
day prior to the election. The application shall be signed by the
applicant and shall show his or her place of residence. Any
applications received by the elections official prior to the 29th day
shall be kept and processed during the application period.
3002. (a) Notwithstanding Section 3001, a person granted
confidentiality pursuant to Section 2166 shall be considered a vote
by mail voter.
(b) The provisions of Chapter 3 (commencing with Section 3200)
relating to permanent vote by mail voters shall apply so far as they
may be consistent with this section and Section 2166.
(c) All persons granted confidentiality pursuant to Section 2166
shall (1) be required to vote by mail ballot, and (2) in addition to
the required residence address, provide a valid mailing address to
the county elections official to be used in place of the residence
address.
3003. The vote by mail ballot shall be available to any registered
voter.
3004. The county elections official shall place a notice in any
office within the county where applications are taken for federal
passports or where military enlistments are received to inform
potential special absentee voters of their right to a vote by mail
voter's ballot and where registration materials and application forms
can be obtained.
3005. Whenever, on the 88th day before the election, there are 250
or less persons registered to vote in any precinct, the elections
official may furnish each voter with a vote by mail ballot along with
a statement that there will be no polling place for the election.
The elections official shall also notify each voter of the location
of the two nearest polling places in the event the voter chooses to
return the ballot on election day. The voter shall not be required to
file an application for the vote by mail ballot and the ballot shall
be sent as soon as the ballots are available.
No precinct shall be divided in order to conform to this section.
3006. (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official not later than seven days prior
to the date of the election and shall contain spaces for the
following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The name and date of the election for which the request is to
be made.
(b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
(3) An application that contains preprinted information shall
contain a conspicuously printed statement substantially similar to
the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county
where you reside."
(c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail ballot for a particular political party for the primary
election, if that political party has adopted a party rule, duly
noticed to the Secretary of State, authorizing that vote. The
application shall contain a toll-free telephone number, established
by the Secretary of State, that the voter may call to access
information regarding which political parties have adopted such a
rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads substantially similar to
the following: "I am not presently affiliated with any political
party. However, for this primary election only, I request a vote by
mail ballot for the _________ Party." The name of the political party
shall be personally affixed by the voter.
(d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
(e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
3007. The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform application format for a
vote by mail voter's ballot that conforms to this chapter. This
format shall be followed by all individuals, organizations, and
groups who distribute applications for a vote by mail voter's ballot.
The uniform format need not be utilized by elections officials in
preparing a vote by mail voter's ballot application to be included
with the sample ballot.
3007.5. (a) The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform electronic application
format for a vote by mail voter's ballot that conforms to this
section.
(b) The uniform electronic application shall inform the voter that
the application for the vote by mail voter's ballot must be received
by the elections official not later than seven days prior to the
date of the election and shall contain spaces for at least the
following information:
(1) The name and residence address of the registered voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The name and date of the election for which the request is
made.
(4) The date of birth of the registered voter.
(c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with a political party, the voter may
request a vote by mail ballot for a particular political party for
the primary election, if that political party has adopted a party
rule, duly noticed to the Secretary of State, authorizing that vote.
The application shall contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall list the parties that have
notified the Secretary of State of the adoption of such a rule. The
application shall contain a checkoff box with a conspicuously printed
statement that reads substantially similar to the following: "I am
not presently affiliated with any political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
(d) The uniform electronic application shall contain a
conspicuously printed statement substantially similar to the
following: "Only the registered voter himself or herself may apply
for a vote by mail ballot. An application for a vote by mail ballot
made by a person other than the registered voter is a criminal
offense."
(e) The uniform electronic application shall include a statement
substantially similar to the following: "A ballot will not be sent to
you if this application is incomplete or inaccurate."
(f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
3007.7. (a) The local elections official may offer a voter the
ability to electronically apply for a vote by mail voter's ballot. If
the local elections official offers the uniform electronic
application, the electronic application shall be in an interactive
Internet format to be completed through the local elections official'
s secure Internet Web site and may not be a downloadable form. The
nondownloadable form shall be of a format that would allow the
registered voter making an application for a vote by mail voter's
ballot to enter the required information and submit the single form
directly to the elections official's secure Internet Web site. The
local elections official shall make every effort to ensure the
security of the submitted information.
(b) Upon receiving an electronic vote by mail ballot application
that contains the required information within the proper time, the
elections official shall check the information provided against the
voter's information on file. If the elections official deems the
applicant entitled to a vote by mail voter's ballot, the elections
official shall deliver the appropriate vote by mail voter's ballot by
mail or in person.
(c) If the elections official determines that an electronic vote
by mail ballot application does not contain all of the required
information, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official may not mail the voter a vote by mail voter's ballot, but
shall mail the voter a notice of defect. The notice of defect shall
do both of the following:
(1) Specifically inform the voter of the information that is
required or the reason for the defect in the application.
(2) State the procedure necessary to remedy the defective
application.
(d) An address, as required by paragraph (2) of subdivision (b) of
Section 3007.5, may not be the address of any political party, a
political campaign headquarters, or a candidate's residence. However,
a candidate, his or her spouse, immediate family members, and any
other voter who shares the same residence address as the candidate
may request that a vote by mail ballot be mailed to the candidate's
residence address.
(e) Except as provided in Section 3007.5 and this section, all
other sections of this code pertaining to vote by mail voter
applications, submissions, deadlines, and canvassing shall apply to
electronic vote by mail ballot applications and applicants.
3008. (a) Any individual, organization, or group that distributes
applications for vote by mail voter ballots and receives completed
application forms shall return the forms to the appropriate elections
official within 72 hours of receiving the completed forms, or before
the deadline for application, whichever is sooner. The name,
address, and telephone number of any organization that authorizes the
distribution of the applications shall be included on the
application.
(b) Any application for a vote by mail voter's ballot that is sent
by an individual, group, or organization to a voter shall be
nonforwardable. Any vote by mail voter's ballot that is returned to
an elections official as undeliverable shall not be forwarded by the
elections official.
(c) A person may not submit a vote by mail ballot application
electronically for another registered voter.
3009. (a) Upon receipt of any vote by mail ballot application
signed by the voter that arrives within the proper time, the
elections official should determine if the signature and residence
address on the ballot application appear to be the same as that on
the original affidavit of registration. The elections official may
make this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot is
canvassed.
(b) If the elections official deems the applicant entitled to a
vote by mail voter's ballot he or she shall deliver by mail or in
person the appropriate ballot. The ballot may be delivered to the
applicant, his or her spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in the same household as the vote
by mail voter, except that in no case shall the ballot be delivered
to an individual under 16 years of age. The elections official shall
deliver the vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail voter only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant and his or her relationship to the
applicant, and affirms that he or she is 16 years of age or older,
and is authorized by the applicant to deliver the vote by mail
ballot.
(c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official shall, within one working day of receiving the application,
mail the voter a vote by mail voter's ballot together with a notice.
The notice shall inform the voter that the voter's vote by mail voter'
s ballot shall not be counted unless the applicant provides the
elections official with the missing information or corrects the
defects prior to, or at the time of, receipt of the voter's executed
vote by mail voter's ballot. The notice shall specifically inform the
voter of the information that is required or the reason for the
defects in the application, and shall state the procedure necessary
to remedy the defective application.
If the voter substantially complies with the requirements
contained in the elections official's notice, the voter's ballot
shall be counted.
In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
3010. The elections official shall deliver to each qualified
applicant:
(a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
(b) All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered
to any voter under this chapter.
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
3012. Whenever the elections official is required to mail a vote by
mail voter's ballot to any elector and the address to which the
ballot is to be mailed is a point outside the territorial limits of
the United States, the elections official shall mail the vote by mail
voter's ballot to the elector by airmail and, if under any law of
the United States official election ballots may be mailed without the
payment of postage, the elections official shall so mail them.
3013. Upon delivering or mailing a vote by mail voter's ballot, the
elections official shall enter on the application of the vote by
mail voter, or on the affidavit of registration, the type of ballot
and the date of delivering or mailing. Before the election the
elections official shall send to the inspector of each precinct in
his or her county or city a list of the voters in that precinct
applying for and receiving ballots under the provisions of this
chapter.
3014. The elections official shall send a second vote by mail voter
ballot to any voter upon receipt of a statement under penalty of
perjury that the voter has failed to receive, lost, or destroyed his
or her original ballot.
The elections official shall keep a record of each vote by mail
voter ballot sent to and received from a voter and shall verify,
prior to counting any duplicate ballot, that the voter has not
attempted to vote twice. If it is determined that a voter has
attempted to vote twice, both ballots shall be void.
3015. Vote by mail voters who return to their home precincts on
election day may vote only if they surrender their vote by mail voter
ballots to the inspector of the precinct board.
The precinct board shall return the unused vote by mail voters'
ballots to the elections official in an envelope designated for this
purpose.
3016. Any vote by mail voter who is unable to surrender his or her
vote by mail voter's ballot within the meaning of Section 3015 shall
be issued a provisional ballot in accordance with Section 14310.
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to any member of a
precinct board at any polling place within the jurisdiction. However,
a vote by mail voter who, because of illness or other physical
disability, is unable to return the ballot, may designate his or her
spouse, child, parent, grandparent, grandchild, brother, sister, or a
person residing in the same household as the vote by mail voter to
return the ballot to the elections official from whom it came or to
the precinct board at any polling place within the jurisdiction. The
ballot must, however, be received by either the elections official
from whom it came or the precinct board before the close of the polls
on election day.
(b) The elections official shall establish procedures to ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used pursuant to this
section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section.
(e) Notwithstanding subdivision (a), no vote by mail voter's
ballot shall be returned by any paid or volunteer worker of any
general purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a
candidate's spouse.
3018. (a) Any voter using a vote by mail ballot may, prior to the
close of the polls on election day, vote the ballot at the office of
the elections official. The voter shall vote the ballot in the
presence of an officer of the elections official or in a voting
booth, at the discretion of the elections official, but in no case
may his or her vote be observed. Where voting machines are used the
elections official may provide one voting machine for each ballot
type used within the jurisdiction. Elections officials may provide
electronic voting devices for this purpose provided that sufficient
devices are provided to include all ballot types in the election.
(b) For purposes of this section, the office of an elections
official may include satellite locations. Notice of the satellite
locations shall be made by the elections official by the issuance of
a general news release, issued not later than 14 days prior to voting
at the satellite location, except that in a county with a declared
emergency or disaster, notice shall be made not later than 48 hours
prior to voting at the satellite location. The news release shall set
forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will
be open.
(3) A telephone number that voters may use to obtain information
regarding vote by mail ballots and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to
this section shall be placed in a vote by mail voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes electronic voting
devices, the vote by mail ballot may be cast on an electronic voting
device.
3019. Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
If the elections official has compared the signature of the voter'
s application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
No ballot shall be removed from its identification envelope until
the time for processing. No ballot shall be rejected for cause after
the envelope has been opened.
In determining from the records of registration if the signature
and residence address on the identification envelope appear to be the
same as that on the affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with the law.
3020. All vote by mail ballots cast under this division shall be
received by the elections official from whom they were obtained or by
the precinct board no later than the close of the polls on election
day.
3021. After the close of the period for requesting vote by mail
voter ballots by mail any voter unable to go to the polls because of
illness or disability resulting in his or her confinement in a
hospital, sanatorium, nursing home, or place of residence, or any
voter unable because of a physical handicap to go to his or her
polling place or because of that handicap is unable to vote at his or
her polling place due to existing architectural barriers at his or
her polling place denying him or her physical access to the polling
place, voting booth, or voting apparatus or machinery, or any voter
unable to go to his or her polling place because of conditions
resulting in his or her absence from the precinct on election day may
request in a written statement, signed under penalty of perjury that
a ballot be delivered to him or her. This written statement shall
not be required if the vote by mail ballot is voted in the office of
the elections official as defined by subdivision (b) of Section 3018,
at the time of the request. This ballot shall be delivered by the
elections official to any authorized representative of the voter who
presents this written statement to the elections official.
Before delivering the ballot the elections official may compare
the signature on the request with the signature on the voter's
affidavit of registration, but in any event, the signature shall be
compared before the vote by mail ballot is canvassed.
The voter shall mark the ballot, place it in the identification
envelope, fill out and sign the envelope and return the ballot,
personally or through the authorized representative, to either the
elections official or any polling place within the jurisdiction.
These ballots shall be processed and counted in the same manner as
other vote by mail ballots.
3022. The elections official shall include with the sample ballot
an application for a vote by mail ballot.
3023. Each ballot that is delivered pursuant to this chapter shall
be accompanied by a ballot pamphlet, unless the voter has already
been provided a ballot pamphlet.
3024. The cost to administer vote by mail ballots where issues and
elective offices related to school districts, as defined by Section
17519 of the Government Code, are included on a ballot election with
noneducation issues and elective offices shall not be fully or
partially prorated to a school district. The Commission on State
Mandates shall delete school districts, county boards of education,
and community college districts from the list of eligible claimants
in the Parameters and Guidelines for the Absentee Ballot Mandates.
3000. This division shall be liberally construed in favor of the
vote by mail voter.
3001. Except as provided in Chapter 3 (commencing with Section
3200) and Sections 3007.5 and 3007.7, application for a vote by mail
voter's ballot shall be made in writing to the elections official
having jurisdiction over the election between the 29th and the 7th
day prior to the election. The application shall be signed by the
applicant and shall show his or her place of residence. Any
applications received by the elections official prior to the 29th day
shall be kept and processed during the application period.
3002. (a) Notwithstanding Section 3001, a person granted
confidentiality pursuant to Section 2166 shall be considered a vote
by mail voter.
(b) The provisions of Chapter 3 (commencing with Section 3200)
relating to permanent vote by mail voters shall apply so far as they
may be consistent with this section and Section 2166.
(c) All persons granted confidentiality pursuant to Section 2166
shall (1) be required to vote by mail ballot, and (2) in addition to
the required residence address, provide a valid mailing address to
the county elections official to be used in place of the residence
address.
3003. The vote by mail ballot shall be available to any registered
voter.
3004. The county elections official shall place a notice in any
office within the county where applications are taken for federal
passports or where military enlistments are received to inform
potential special absentee voters of their right to a vote by mail
voter's ballot and where registration materials and application forms
can be obtained.
3005. Whenever, on the 88th day before the election, there are 250
or less persons registered to vote in any precinct, the elections
official may furnish each voter with a vote by mail ballot along with
a statement that there will be no polling place for the election.
The elections official shall also notify each voter of the location
of the two nearest polling places in the event the voter chooses to
return the ballot on election day. The voter shall not be required to
file an application for the vote by mail ballot and the ballot shall
be sent as soon as the ballots are available.
No precinct shall be divided in order to conform to this section.
3006. (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official not later than seven days prior
to the date of the election and shall contain spaces for the
following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The name and date of the election for which the request is to
be made.
(b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
(3) An application that contains preprinted information shall
contain a conspicuously printed statement substantially similar to
the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county
where you reside."
(c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail ballot for a particular political party for the primary
election, if that political party has adopted a party rule, duly
noticed to the Secretary of State, authorizing that vote. The
application shall contain a toll-free telephone number, established
by the Secretary of State, that the voter may call to access
information regarding which political parties have adopted such a
rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads substantially similar to
the following: "I am not presently affiliated with any political
party. However, for this primary election only, I request a vote by
mail ballot for the _________ Party." The name of the political party
shall be personally affixed by the voter.
(d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
(e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
3007. The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform application format for a
vote by mail voter's ballot that conforms to this chapter. This
format shall be followed by all individuals, organizations, and
groups who distribute applications for a vote by mail voter's ballot.
The uniform format need not be utilized by elections officials in
preparing a vote by mail voter's ballot application to be included
with the sample ballot.
3007.5. (a) The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform electronic application
format for a vote by mail voter's ballot that conforms to this
section.
(b) The uniform electronic application shall inform the voter that
the application for the vote by mail voter's ballot must be received
by the elections official not later than seven days prior to the
date of the election and shall contain spaces for at least the
following information:
(1) The name and residence address of the registered voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The name and date of the election for which the request is
made.
(4) The date of birth of the registered voter.
(c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with a political party, the voter may
request a vote by mail ballot for a particular political party for
the primary election, if that political party has adopted a party
rule, duly noticed to the Secretary of State, authorizing that vote.
The application shall contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall list the parties that have
notified the Secretary of State of the adoption of such a rule. The
application shall contain a checkoff box with a conspicuously printed
statement that reads substantially similar to the following: "I am
not presently affiliated with any political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
(d) The uniform electronic application shall contain a
conspicuously printed statement substantially similar to the
following: "Only the registered voter himself or herself may apply
for a vote by mail ballot. An application for a vote by mail ballot
made by a person other than the registered voter is a criminal
offense."
(e) The uniform electronic application shall include a statement
substantially similar to the following: "A ballot will not be sent to
you if this application is incomplete or inaccurate."
(f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
3007.7. (a) The local elections official may offer a voter the
ability to electronically apply for a vote by mail voter's ballot. If
the local elections official offers the uniform electronic
application, the electronic application shall be in an interactive
Internet format to be completed through the local elections official'
s secure Internet Web site and may not be a downloadable form. The
nondownloadable form shall be of a format that would allow the
registered voter making an application for a vote by mail voter's
ballot to enter the required information and submit the single form
directly to the elections official's secure Internet Web site. The
local elections official shall make every effort to ensure the
security of the submitted information.
(b) Upon receiving an electronic vote by mail ballot application
that contains the required information within the proper time, the
elections official shall check the information provided against the
voter's information on file. If the elections official deems the
applicant entitled to a vote by mail voter's ballot, the elections
official shall deliver the appropriate vote by mail voter's ballot by
mail or in person.
(c) If the elections official determines that an electronic vote
by mail ballot application does not contain all of the required
information, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official may not mail the voter a vote by mail voter's ballot, but
shall mail the voter a notice of defect. The notice of defect shall
do both of the following:
(1) Specifically inform the voter of the information that is
required or the reason for the defect in the application.
(2) State the procedure necessary to remedy the defective
application.
(d) An address, as required by paragraph (2) of subdivision (b) of
Section 3007.5, may not be the address of any political party, a
political campaign headquarters, or a candidate's residence. However,
a candidate, his or her spouse, immediate family members, and any
other voter who shares the same residence address as the candidate
may request that a vote by mail ballot be mailed to the candidate's
residence address.
(e) Except as provided in Section 3007.5 and this section, all
other sections of this code pertaining to vote by mail voter
applications, submissions, deadlines, and canvassing shall apply to
electronic vote by mail ballot applications and applicants.
3008. (a) Any individual, organization, or group that distributes
applications for vote by mail voter ballots and receives completed
application forms shall return the forms to the appropriate elections
official within 72 hours of receiving the completed forms, or before
the deadline for application, whichever is sooner. The name,
address, and telephone number of any organization that authorizes the
distribution of the applications shall be included on the
application.
(b) Any application for a vote by mail voter's ballot that is sent
by an individual, group, or organization to a voter shall be
nonforwardable. Any vote by mail voter's ballot that is returned to
an elections official as undeliverable shall not be forwarded by the
elections official.
(c) A person may not submit a vote by mail ballot application
electronically for another registered voter.
3009. (a) Upon receipt of any vote by mail ballot application
signed by the voter that arrives within the proper time, the
elections official should determine if the signature and residence
address on the ballot application appear to be the same as that on
the original affidavit of registration. The elections official may
make this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot is
canvassed.
(b) If the elections official deems the applicant entitled to a
vote by mail voter's ballot he or she shall deliver by mail or in
person the appropriate ballot. The ballot may be delivered to the
applicant, his or her spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in the same household as the vote
by mail voter, except that in no case shall the ballot be delivered
to an individual under 16 years of age. The elections official shall
deliver the vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail voter only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant and his or her relationship to the
applicant, and affirms that he or she is 16 years of age or older,
and is authorized by the applicant to deliver the vote by mail
ballot.
(c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official shall, within one working day of receiving the application,
mail the voter a vote by mail voter's ballot together with a notice.
The notice shall inform the voter that the voter's vote by mail voter'
s ballot shall not be counted unless the applicant provides the
elections official with the missing information or corrects the
defects prior to, or at the time of, receipt of the voter's executed
vote by mail voter's ballot. The notice shall specifically inform the
voter of the information that is required or the reason for the
defects in the application, and shall state the procedure necessary
to remedy the defective application.
If the voter substantially complies with the requirements
contained in the elections official's notice, the voter's ballot
shall be counted.
In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
3010. The elections official shall deliver to each qualified
applicant:
(a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
(b) All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered
to any voter under this chapter.
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
3012. Whenever the elections official is required to mail a vote by
mail voter's ballot to any elector and the address to which the
ballot is to be mailed is a point outside the territorial limits of
the United States, the elections official shall mail the vote by mail
voter's ballot to the elector by airmail and, if under any law of
the United States official election ballots may be mailed without the
payment of postage, the elections official shall so mail them.
3013. Upon delivering or mailing a vote by mail voter's ballot, the
elections official shall enter on the application of the vote by
mail voter, or on the affidavit of registration, the type of ballot
and the date of delivering or mailing. Before the election the
elections official shall send to the inspector of each precinct in
his or her county or city a list of the voters in that precinct
applying for and receiving ballots under the provisions of this
chapter.
3014. The elections official shall send a second vote by mail voter
ballot to any voter upon receipt of a statement under penalty of
perjury that the voter has failed to receive, lost, or destroyed his
or her original ballot.
The elections official shall keep a record of each vote by mail
voter ballot sent to and received from a voter and shall verify,
prior to counting any duplicate ballot, that the voter has not
attempted to vote twice. If it is determined that a voter has
attempted to vote twice, both ballots shall be void.
3015. Vote by mail voters who return to their home precincts on
election day may vote only if they surrender their vote by mail voter
ballots to the inspector of the precinct board.
The precinct board shall return the unused vote by mail voters'
ballots to the elections official in an envelope designated for this
purpose.
3016. Any vote by mail voter who is unable to surrender his or her
vote by mail voter's ballot within the meaning of Section 3015 shall
be issued a provisional ballot in accordance with Section 14310.
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to any member of a
precinct board at any polling place within the jurisdiction. However,
a vote by mail voter who, because of illness or other physical
disability, is unable to return the ballot, may designate his or her
spouse, child, parent, grandparent, grandchild, brother, sister, or a
person residing in the same household as the vote by mail voter to
return the ballot to the elections official from whom it came or to
the precinct board at any polling place within the jurisdiction. The
ballot must, however, be received by either the elections official
from whom it came or the precinct board before the close of the polls
on election day.
(b) The elections official shall establish procedures to ensure
the secrecy of any ballot returned to a precinct polling place and
the security, confidentiality, and integrity of any personal
information collected, stored, or otherwise used pursuant to this
section.
(c) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(d) The provisions of this section are mandatory, not directory,
and no ballot shall be counted if it is not delivered in compliance
with this section.
(e) Notwithstanding subdivision (a), no vote by mail voter's
ballot shall be returned by any paid or volunteer worker of any
general purpose committee, controlled committee, independent
expenditure committee, political party, candidate's campaign
committee, or any other group or organization at whose behest the
individual designated to return the ballot is performing a service.
However, this subdivision shall not apply to a candidate or a
candidate's spouse.
3018. (a) Any voter using a vote by mail ballot may, prior to the
close of the polls on election day, vote the ballot at the office of
the elections official. The voter shall vote the ballot in the
presence of an officer of the elections official or in a voting
booth, at the discretion of the elections official, but in no case
may his or her vote be observed. Where voting machines are used the
elections official may provide one voting machine for each ballot
type used within the jurisdiction. Elections officials may provide
electronic voting devices for this purpose provided that sufficient
devices are provided to include all ballot types in the election.
(b) For purposes of this section, the office of an elections
official may include satellite locations. Notice of the satellite
locations shall be made by the elections official by the issuance of
a general news release, issued not later than 14 days prior to voting
at the satellite location, except that in a county with a declared
emergency or disaster, notice shall be made not later than 48 hours
prior to voting at the satellite location. The news release shall set
forth the following information:
(1) The satellite location or locations.
(2) The dates and hours the satellite location or locations will
be open.
(3) A telephone number that voters may use to obtain information
regarding vote by mail ballots and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to
this section shall be placed in a vote by mail voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes electronic voting
devices, the vote by mail ballot may be cast on an electronic voting
device.
3019. Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration and, if they compare,
deposit the ballot, still in the identification envelope, in a ballot
container in his or her office. A variation of the signature caused
by the substitution of initials for the first or middle name, or
both, shall not invalidate the ballot. If the ballot is rejected
because the signatures do not compare, the envelope shall not be
opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification
envelope.
If the elections official has compared the signature of the voter'
s application with the affidavit pursuant to Section 3009, the
application may be used rather than the affidavit to make the
signature check required by this section.
No ballot shall be removed from its identification envelope until
the time for processing. No ballot shall be rejected for cause after
the envelope has been opened.
In determining from the records of registration if the signature
and residence address on the identification envelope appear to be the
same as that on the affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with the law.
3020. All vote by mail ballots cast under this division shall be
received by the elections official from whom they were obtained or by
the precinct board no later than the close of the polls on election
day.
3021. After the close of the period for requesting vote by mail
voter ballots by mail any voter unable to go to the polls because of
illness or disability resulting in his or her confinement in a
hospital, sanatorium, nursing home, or place of residence, or any
voter unable because of a physical handicap to go to his or her
polling place or because of that handicap is unable to vote at his or
her polling place due to existing architectural barriers at his or
her polling place denying him or her physical access to the polling
place, voting booth, or voting apparatus or machinery, or any voter
unable to go to his or her polling place because of conditions
resulting in his or her absence from the precinct on election day may
request in a written statement, signed under penalty of perjury that
a ballot be delivered to him or her. This written statement shall
not be required if the vote by mail ballot is voted in the office of
the elections official as defined by subdivision (b) of Section 3018,
at the time of the request. This ballot shall be delivered by the
elections official to any authorized representative of the voter who
presents this written statement to the elections official.
Before delivering the ballot the elections official may compare
the signature on the request with the signature on the voter's
affidavit of registration, but in any event, the signature shall be
compared before the vote by mail ballot is canvassed.
The voter shall mark the ballot, place it in the identification
envelope, fill out and sign the envelope and return the ballot,
personally or through the authorized representative, to either the
elections official or any polling place within the jurisdiction.
These ballots shall be processed and counted in the same manner as
other vote by mail ballots.
3022. The elections official shall include with the sample ballot
an application for a vote by mail ballot.
3023. Each ballot that is delivered pursuant to this chapter shall
be accompanied by a ballot pamphlet, unless the voter has already
been provided a ballot pamphlet.
3024. The cost to administer vote by mail ballots where issues and
elective offices related to school districts, as defined by Section
17519 of the Government Code, are included on a ballot election with
noneducation issues and elective offices shall not be fully or
partially prorated to a school district. The Commission on State
Mandates shall delete school districts, county boards of education,
and community college districts from the list of eligible claimants
in the Parameters and Guidelines for the Absentee Ballot Mandates.
