2005 California Elections Code Sections 3000-3024 CHAPTER 1. ABSENTEE APPLICATION AND VOTING PROCEDURES

3000.  This division shall be liberally construed in favor of the
absent voter.
3001.  Except as provided in Chapter 3 (commencing with Section
3200) and Sections 3007.5 and 3007.7, application for an absent 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 an
absent voter.
   (b) The provisions of Chapter 3 (commencing with Section 3200)
relating to permanent absent 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 absentee 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 an absent 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 an absentee 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 absentee 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) Any printed application that is to be distributed to
voters for requesting absent voter ballots 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.
   (5) The date the application must be received by the elections
official.
   (b) (1) The information required by paragraphs (1), (4), and (5)
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 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
an absentee ballot be mailed to the candidate's residence address.
   (3) Any application that contains preprinted information shall
contain a conspicuously printed statement, as follows:  "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 an
absentee 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 check-off box with a
conspicuously printed statement that reads, as follows:  "I am not
presently affiliated with any political party.  However, for this
primary election only, I request an absentee ballot for the _________
Party."  The name of the political party shall be personally affixed
by the voter.
   (d) The application shall provide the voters with information
concerning the procedure for establishing permanent absentee voter
status, and the basis upon which permanent absentee 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 an
absent voter's ballot that conforms to chapter.  This format shall be
followed by all individuals, organizations, and groups who
distribute applications for an absent voter's ballot.  The uniform
format need not be utilized by elections officials in preparing an
absent 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 an absent voter's ballot that conforms to this section.
   (b) The uniform electronic application 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 the application must be received by the elections
official.
   (5) 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 an absentee 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, as follows:  "I am not presently affiliated with any
political party.  However, for this primary election only, I request
an absentee 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, as follows:  "Only the registered
voter himself or herself may apply for an absentee ballot.  An
application for an absentee ballot made by a person other than the
registered voter is a criminal offense."
   (e) The uniform electronic application shall include the following
statement:  "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 an absent 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 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 an absent voter's ballot
to enter the required information and submit the single form directly
to the elections official's secure Internet site.  The local
elections official shall make every effort to ensure the security of
the submitted information.
   (b) Upon receiving an electronic absentee 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 an absent voter's ballot, the elections
official shall deliver the appropriate absent voter's ballot by mail
or in person.
   (c) If the elections official determines that an electronic
absentee 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 an absent 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 an absentee 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 absentee voter application,
submission, deadlines, and canvassing shall apply to electronic
absentee ballot applications and applicants.
3008.  (a) Any individual, organization, or group that distributes
applications for absent 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 an absent voter's ballot that is sent by
an individual, group, or organization to a voter shall be
nonforwardable.  Any absent 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 an absentee ballot application
electronically for another registered voter.
3009.  (a) Upon receipt of any absentee 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 absent voter ballot is canvassed.
   (b) If the elections official deems the applicant entitled to an
absent 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, or his or her parent if the applicant
is unmarried.  The elections official shall deliver the absentee
ballot to the applicant's spouse or parent only if the spouse or
parent signs a statement attested to under penalty of perjury that
provides the name of the applicant, his or her relationship to the
applicant, and affirms that he or she is authorized by the applicant
to deliver the absentee 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 an absent voter's ballot together with a notice.  The
notice shall inform the voter that the voter's absent 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 absent 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.  The identification envelope shall contain the following:
   (a) 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.
   (b) The signature of the voter.
   (c) The residence address of the voter as shown on the affidavit
of registration.
   (d) The date of signing.
   (e) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
   (f) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
   (g) 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.
   (h) A statement that the voter has neither applied, nor intends to
apply, for an absent voter's ballot from any other jurisdiction for
the same election.
   (i) The name of the person authorized by the voter to return the
absentee ballot pursuant to Section 3017.
   (j) The relationship to the voter of the person authorized to
return the absentee ballot.
   (k) The signature of the person authorized to return the absentee
ballot.
3012.  Whenever the elections official is required to mail an absent
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 absent 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 an absent voter's ballot, the
elections official shall enter on the application of the absent
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 absent 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 absent 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.  Absent voters who return to their home precincts on election
day may vote only if they surrender their absent voter ballots to the
inspector of the precinct board.
   The precinct board shall return the unused absent voter's ballots
to the elections official in an envelope designated for this purpose.
3016.  Any absent voter who is unable to surrender his or her absent
voter's ballot within the meaning of Section 3015 shall be issued a
provisional ballot in accordance with Section 14310.
3017.  (a) All absentee ballots cast under this division shall be
voted on or before the day of the election.  After marking the
ballot, the absent voter shall either:  (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, an absent 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 absent 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 insure
the secrecy of any ballot returned to a precinct polling place.
   (c) 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.
   (d) Notwithstanding subdivision (a), no absent 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 an absentee 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.  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 absentee ballots and the satellite locations.
   (c) Absentee ballots voted at a satellite location pursuant to
this section shall be placed in an absentee voter identification
envelope to be completed by the voter pursuant to Section 3011.
However, if the elections official utilizes electronic voting
devices, the absentee ballot may be cast on an electronic voting
device.
3019.  Upon receipt of the absentee 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 voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
3020.  All absentee 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 absent 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 absent voter 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 absent voter 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 absentee ballots.
3022.  The elections official shall include with the sample ballot
an application for an absent voter 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 absentee 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.