2011 California Code
Elections Code
DIVISION 3. VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING [3000 - 3503]
CHAPTER 2. Special Absentee Application and Voting Procedures
Section 3103.5
(a) A special absentee voter who is temporarily living outside of the territorial limits of the United States or the District of Columbia, or is called for military service within the United States on or after the final date to make application for a vote by mail ballot, 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 vote by mail |
| 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 transmissionnumber is _________________. |
I am a resident of __________ County, State of California, and I have notapplied, nor intend to apply, for a vote by mail 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_____. |
(Signature) |
voter(power of attorney cannot be accepted) |
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION. |
(b) Notwithstanding the voter s waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by facsimile transmission.
(c) Upon receipt of a 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.
(d) Notwithstanding subdivision (a), 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.
(Amended by Stats. 2011, Ch. 296, Sec. 81. Effective January 1, 2012.)
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