US Laws, Codes, Statutes & Cases

3100.  When a voter who qualifies as a special absentee voter
pursuant to subdivision (b) of Section 300 applies for an absent
voter's ballot, the application shall be deemed to be an affidavit of
registration and an application for permanent absentee voter status,
pursuant to Chapter 3 (commencing with Section 3200).  The
application must be completed by the voter and  must contain the
voter's name, residence address for voting purposes, the address to
which the ballot is to be sent, the voter's political party for a
primary election, and the voter's signature.
   If the applicant is not a resident of the county to which he or
she has applied, the elections official receiving the application
shall forward it immediately to the proper county.



3101.  Upon timely receipt of the application for an absentee
ballot, the elections official shall examine the application to
ascertain that it is properly executed in accordance with this code.
If the elections official is satisfied of this fact, the applicant
shall be deemed a duly registered voter as of the date appearing on
the application to the same extent and with the same effect as though
he or she had registered in proper time prior to the election.



3102.  (a) Applications for the ballots of special absentee voters
shall be received and, except as provided in Section 3103.5, the
ballots shall be received and canvassed, at the same time and under
the same procedure as absent voter ballots, insofar as that procedure
is not inconsistent with this chapter.
   (b) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.



3102.  (a) Applications for the ballots of special absentee voters
shall be received, and the ballots shall be received and canvassed at
the same time and under the same procedure as absent voter ballots,
insofar as that procedure is not inconsistent with this chapter.
   (b) This section shall become operative January 1, 2009.




3103.  (a) Any application made pursuant to this chapter that is
received by the elections official prior to the 60th day before the
election shall be kept and processed on or after the 60th day before
the election.
   (b) The elections official shall immediately send the voter a
ballot in a form prescribed and provided by the Secretary of State.
The elections official shall send with the ballot a list of all
candidates who have qualified for the ballot by the 60th day before
the election and a list of all measures that are to be submitted to
the voters and on which the voter is qualified to vote.  The voter
shall be entitled to write in the name of any specific candidate
seeking nomination or election to any office listed on the ballot.
   (c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
providing the candidate whose name has been written on the ballot
has, as of the date of the election, qualified to have his or her
name placed on the ballot for the office, or has qualified as a
write-in candidate for the office.
   (d) Except as provided in Section 3103.5, the elections official
shall receive and canvass special absentee voter ballots described in
this section under the same procedure as absent voter ballots,
insofar as that procedure is not inconsistent with this section.
   (e) In the event that a voter executes a special absentee ballot
pursuant to this section and an application for an absentee ballot
pursuant to Section 3101, the elections official shall cancel the
voter's permanent absent voter status, and process the application in
accordance with Chapter 1 (commencing with Section 3000).
   (f) Notwithstanding any other provision of law, a special absentee
voter who qualifies pursuant to this section may, by facsimile
transmission, register to vote and apply for an absent voter's
ballot.  Upon request, the elections official may send to the
qualified special absentee voter either by mail, facsimile, or
electronic transmission the special absentee ballot or, if available,
an absent voter's ballot pursuant to Chapter 1 (commencing with
Section 3000).
   (g) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.


3103.  (a) Any application made pursuant to this chapter that is
received by the elections official prior to the 60th day before the
election shall be kept and processed on or after the 60th day before
the election.
   (b) The elections official shall immediately send the voter a
ballot in a form prescribed and provided by the Secretary of State.
The elections official shall send with the ballot a list of all
candidates who have qualified for the ballot by the 60th day before
the election and a list of all measures that are to be submitted to
the voters and on which the voter is qualified to vote.  The voter
shall be entitled to write in the name of any specific candidate
seeking nomination or election to any office listed on the ballot.
   (c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
providing the candidate whose name has been written on the ballot
has, as of the date of the election, qualified to have his or her
name placed on the ballot for the office, or has qualified as a
write-in candidate for the office.
   (d) The elections official shall receive and canvass special
absentee voter ballots described in this section under the same
procedure as absent voter ballots, insofar as that procedure is not
inconsistent with this section.
   (e) In the event that a voter executes a special absentee ballot
pursuant to this section and an application for an absentee ballot
pursuant to Section 3101, the elections official shall reject the
voted ballot previously cast, cancel the voter's permanent absent
voter status, and process the application in accordance with Chapter
1 (commencing with Section 3000).
   (f) Notwithstanding any other provision of law, a special absentee
voter who qualifies pursuant to this section may, by facsimile
transmission, register to vote and apply for an absent voter's
ballot.  Upon request, the elections official may send to the
qualified special absentee voter either by mail, facsimile, or
electronic transmission the special absentee ballot or, if available,
an absent voter's ballot pursuant to Chapter 1 (commencing with
Section 3000).
   (g) This section shall become operative January 1, 2009.



3103.5.  (a) (1) A special absentee voter who is temporarily living
outside of the territorial limits of the United States or the
District of Columbia may return his or her ballot by facsimile
transmission.  To be counted, the ballot returned by facsimile
transmission must be received by the voter's elections official no
later than the closing of the polls on election day and must be
accompanied by an identification envelope containing all of the
information required by Section 3011 and an oath of voter declaration
in substantially the following form:


                            OATH OF VOTER

   I, ______________________, acknowledge that by returning my
   voted ballot by facsimile transmission I have waived my right
   to have my ballot kept secret.  Nevertheless, I understand that,
   as with any absent voter, my signature, whether on this oath
   of voter form or my identification envelope, will be permanently
   separated from my voted ballot to maintain its secrecy at the
   outset of the tabulation process and thereafter.

   My residence address is
_____________________________________________.
                            (Street Address)     (City)       (ZIP
Code)

   My current mailing address is
_______________________________________.
                                  (Street Address)   (City)   (ZIP
Code)

   My e-mail address is ______________.  My facsimile transmission
   number is _________.

   I am a resident of __________ County, State of California, and
   I have not applied, nor intend to apply, for an absentee ballot
   from any other jurisdiction for the same election.

   I declare under penalty of perjury under the laws of the State of
   California that the foregoing is true and correct.

   Dated this _____ day of _____, 20____.

   (Signed)
___________________________________________________________
                voter   (power of attorney cannot be accepted)

   YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND
   INCLUDE IT WITH YOUR BALLOT AND IDENTIFICATION ENVELOPE, ALL OF
   WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.


   (2) Notwithstanding the voter's waiver of the right to a secret
ballot, each elections official shall adopt appropriate procedures to
protect the secrecy of absentee ballots returned by facsimile
transmission.
   (3) Upon receipt of an absentee ballot returned by facsimile
transmission, the elections official shall determine the voter's
eligibility to vote by comparing the signature on the return
information with the signature on the voter's affidavit of
registration.  The ballot shall be duplicated and all materials
preserved according to procedures set forth in this code.
   (4) Notwithstanding paragraph (1), a special absentee voter who is
permitted to return his or her ballot by facsimile transmission is,
nonetheless, encouraged to return his or her ballot by mail or in
person if possible.  A special absentee voter should return a ballot
by facsimile transmission only if doing so is necessary for the
ballot to be received before the close of polls on election day.
   (b) The Secretary of State shall make a recommendation to the
Legislature, no later than December 31, 2008, on the benefits and
problems, if any, derived from permitting qualified special absentee
voters to return their ballots by facsimile transmission, and shall
include in the recommendation the number of ballots returned by
facsimile transmission pursuant to this section.
   (c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.


3104.  Any absentee voter ballot application by a qualified special
absentee voter shall also be deemed an affidavit of voter
registration and an application for permanent absent voter status.



3106.  When the application is received by an elections official,
other than a county  elections official, the elections official
receiving it shall, after the election, transmit it to the county
elections official who, if the application is not subject to
rejection, shall file the original.  If an application is rejected,
it shall be returned to the applicant with the reason for rejection
endorsed on it, together with a new blank application.



3107.  If any special absentee voter is released from service after
the closing date of registration for an election and has returned to
the county of his or her residence and is not a registered voter, he
or she may apply in person to the elections official for permission
to register.  If the elector furnishes documentary proof of release
from service after the closing date of registration for the election,
the elections official shall allow him or her to be registered and
to vote in the election.  On or before the day of election the
elections official shall deliver to the precinct board a list of
special absentee voters registered under this section.



3108.  If any special absentee voter to whom an absent voter's
ballot has been mailed and which ballot has not been voted by him or
her returns to the county in which he or she is registered on or
before election day, he or she may apply for a second absentee ballot
pursuant to Section 3014.  The elections official shall require him
or her to sign an authorization to cancel the absent voter's ballot
previously issued when it is returned to the county elections
official.  The elections official shall then issue another absent
ballot to the voter, or the elections official shall certify to the
precinct board that the voter is eligible to vote in the precinct
polling place of his or her residence.



3109.  If any special absentee voter returns to the county of his or
her residence after the final day for making application for an
absent voter ballot, he or she may appear before the elections
official and make application for registration, absent voter ballot,
or both.   The elections official shall register the voter, if he or
she is not registered, and deliver to him or her an absent voter
ballot which may be voted in the elections official's office or voted
outside the elections official's office on or before the close of
the polls on the day of election and returned as are other absent
voter ballots.


3110.  If a special absentee voter is unable to appear at his or her
polling place because of being recalled to service after the final
day for making application for an absent voter's ballot, but before 5
p.m. on the day before the day of election, he or she may appear
before the elections official and make application for an absent
voter's ballot.  The elections official shall deliver to him or her
an absent voter's ballot which may be voted in the elections official'
s office or voted outside the elections official's office on or
before the close of the polls on the day of election and returned as
are other absent voter's ballots.



3111.  Whenever by any statute of the United States, provision is
made for absentee voting, an application for an absent voter's ballot
made under that law may be given the same effect as an application
for an absent voter's ballot made under this code.
   If, by any federal statute, provision is made for the transmission
of applications for absent voter's ballots to the Secretary of
State, he or she shall transmit the applications to the county
elections official of the county in which the applicant claims
residence.


3112.  If by any act of Congress which is now or may become
effective during the effective period of this section, provision is
made for voting by special absent voter, that act shall control and
be superior to any conflicting provisions of this code, and all
state, county, municipal and district officers who are charged with
the performance of duties with reference to the election laws of this
state shall perform the duties and discharge the obligations placed
upon them by that act of Congress.  It is the purpose and intent of
this section that full effect shall be given to ballots cast by
special absentee voters under federal statutes in order that no
person shall be deprived of his or her vote by virtue of having cast
his or her ballot under any federal statute rather than under the
laws of this state.