2022 California Code
Elections Code - ELEC
DIVISION 3 - VOTE BY MAIL VOTING, NEW RESIDENT, AND NEW CITIZEN VOTING
CHAPTER 2 - Military and Overseas Voters Application and Voting Procedures
3106. (a) A military or overseas voter who is 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 seventh day prior to the date of the election, may return their ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voter’s elections official no later than the closing of the polls on election day and shall 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.
(voter)(power of attorney cannot be accepted)
(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 or any signature permitted for comparison under Section 3019. The ballot shall be duplicated and all materials preserved according to procedures set forth in this code.
(d) Notwithstanding subdivision (a), a military or overseas voter who is permitted to return their ballot by facsimile transmission is, nonetheless, encouraged to return their ballot by mail or in person if possible. A military or overseas 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. 2022, Ch. 161, Sec. 20. (AB 2608) Effective August 22, 2022.)