2023 California Code
Elections Code - ELEC
DIVISION 13 - BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS
CHAPTER 6 - Partisan Primary Elections
Section 13502.
13502. (a) With each nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference, the county elections official shall include a notice informing the voter that the voter may request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized.
(b) Prior to each partisan primary election, county elections officials shall mail to every voter who has declined to disclose a political party preference a notice and application regarding voting in the primary election.
(1) The notice shall inform the voter that the voter may request a vote by mail ballot for a particular political party for the primary election, if that political party adopted a party rule, duly noticed to the Secretary of State, authorizing these voters to vote in their primary election. The notice shall also 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.
(2) The application shall contain a list of political parties that have authorized a voter who has declined to disclose a political party preference to vote that party’s ballot, and next to each party’s name, a box to mark indicating that the voter wishes to vote that party’s ballot. The application shall also require the voter to provide personal identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last names, home address, and date of birth, and shall require the voter to sign the application. The notice or application shall instruct the voter that they may request a vote by mail ballot for the party they select by submitting the completed application to the appropriate county elections official in person, by mail, email, or facsimile transmission, or by other electronic means made available by the county elections official.
(c) In addition to the method specified in subdivision (b) and any other method permitted by law, a voter who has declined to disclose a political party preference may request the ballot of a political party that has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election as described in this subdivision. A voter requesting a ballot pursuant to this subdivision shall provide identifying information that matches the information contained on the voter’s affidavit of registration, including their date of birth, home address, and first and last names. If requesting a ballot pursuant to paragraph (3), the voter must also provide their signature. The voter may request a ballot as follows:
(1) By telephone subject to the following conditions:
(A) A person shall not request a party’s ballot pursuant to this section using the name of, or on behalf of, another person.
(B) Prior to being asked for personal identifying information, a voter requesting a party’s ballot pursuant to this section shall be advised as follows: “Only the registered voter themself may request a ballot from a political party. A request for a party’s ballot that is made by any person other than the voter is a criminal offense.”
(C) The voter’s signature shall not be required.
(2) On an application over the internet if available. The voter’s signature shall not be required.
(3) By a written statement application submitted in person, or by mail, email, or facsimile transmission.
(4) By text message to the appropriate elections official, if the county has established a system for processing such a request. The voter’s signature shall not be required.
(d) A voter who has declined to disclose a political party preference and who has received a nonpartisan vote by mail ballot may return their unvoted ballot to the county elections official and request and receive a vote by mail ballot, or appear to vote in person and receive a ballot, for a political party if the political party has authorized a voter who has declined to disclose a political party preference to vote in its partisan primary election.
(e) The Secretary of State shall prepare and distribute to county elections officials a uniform application format for a voter to request a political party’s ballot at the next ensuing partisan primary election if the political party has so authorized.
(Amended by Stats. 2023, Ch. 646, Sec. 1. (AB 292) Effective January 1, 2024.)
