CHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026]
( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )
This division shall be liberally construed in favor of the vote by mail voter.
(Amended by Stats. 2007, Ch. 508, Sec. 12. Effective January 1, 2008.)
(a) Notwithstanding any other law, for each election, the elections official shall, no later than 29 days before the day of the election, begin mailing the materials specified in Section 3010 to every registered voter. The elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days to mail a ballot to each person who is subsequently registered to vote. The elections official shall not discriminate against any region or precinct in choosing which ballots to mail first within the prescribed five-day mailing period.
(b) The distribution of vote by mail ballots to all registered voters does not
prevent a voter from voting in person at a polling place, vote center, or other authorized location.
(c) Consistent with paragraph (2) of subdivision (a) of Section 2226, this section is not intended and shall not be construed to authorize a voter with an inactive voter registration status to receive a vote by mail ballot for an election.
(Amended by Stats. 2021, Ch. 312, Sec. 1. (AB 37) Effective January 1, 2022.)
No later than 29 days before the day of the election, the county elections official shall begin mailing the materials required by Section 3010. The county elections official shall have five days to mail a ballot to each
active registered voter by the 29th day before the day of the election and five days for each voter who registers to vote after that date. The county elections official shall not discriminate against any region or precinct in the county in choosing which ballots to mail first within the prescribed five-day mailing period.
(Amended by Stats. 2022, Ch. 161, Sec. 1. (AB 2608) Effective August 22, 2022.)
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.
(Amended by Stats. 2022, Ch. 161, Sec. 2. (AB 2608) Effective August 22, 2022.)
The vote by mail ballot shall be available to any registered voter.
(Amended by Stats. 2007, Ch. 508, Sec. 15. Effective January 1, 2008.)
A county elections official shall place a notice in an office within the county where applications are taken for federal passports or where military enlistments are received to inform potential military or overseas voters of their right to a vote by mail voter’s ballot and where to obtain registration materials.
(Amended by Stats. 2022, Ch. 161, Sec. 3. (AB 2608) Effective August 22, 2022.)
(a) 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 a vote by mail 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 or before election day.
(b) A precinct shall not be divided in order to conform to this
section.
(Amended by Stats. 2022, Ch. 161, Sec. 4. (AB 2608) Effective August 22, 2022.)
(a) The elections official shall deliver all of the following to each qualified applicant:
(1) The ballot for the precinct in which the voter resides. In primary elections, this shall also be accompanied by the ballot for the central committee of the party for which the voter has disclosed a preference, if any.
(2) All supplies necessary for the use and return of the ballot, including an identification envelope with prepaid postage for the return of the vote by mail ballot.
(b) An officer of this state shall not make
a charge for services rendered to a voter under this chapter.
(Amended by Stats. 2018, Ch. 120, Sec. 1. (AB 216) Effective January 1, 2019.)
(a) The identification envelope shall contain all of the following:
(1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot
and is to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted.
(8) A statement that the voter has neither
voted nor intends to vote a ballot from any other jurisdiction for the same election.
(9) The name and signature of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the voter’s party preference may not be stamped or printed on the identification envelope.
(c) Notwithstanding paragraph (9) of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope
their name or signature.
(d) County elections officials may continue to use existing supplies prior to printing new identification envelopes that reflect the changes made to this section by the act adding this subdivision.
(Amended by Stats. 2022, Ch. 161, Sec. 12. (AB 2608) Effective August 22, 2022.)
Whenever the elections official is required to mail a vote by mail 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 vote by mail 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.
(Amended by Stats. 2007, Ch. 508, Sec. 25. Effective January 1, 2008.)
Upon delivering or mailing a vote by mail voter’s ballot, the elections official shall enter 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 their county or city a list of the voters in that precinct receiving ballots under the provisions of this chapter.
(Amended by Stats. 2022, Ch. 161, Sec. 13. (AB 2608) Effective August 22, 2022.)
(a) The elections official shall provide a replacement ballot to any voter upon receipt of a replacement ballot request from the voter. Both of the following apply to a request made pursuant to this subdivision:
(1) The voter making the request shall provide to the elections official personal identifying information that matches the information contained on the voter’s affidavit of registration, including their first and last name, residence address, and date of
birth.
(2) Prior to issuing a replacement ballot, the elections official shall advise the requester as follows: “Only the registered voter themself may request a replacement ballot. A request for a replacement ballot that is made by any person other than the registered voter is a criminal offense.”
(b) The elections official shall provide a
replacement ballot to the voter’s representative upon receipt of a written request, on a form prescribed by the Secretary of State, signed by the voter under penalty of perjury, requesting that a ballot be provided to the voter’s representative. A ballot shall not be provided until both of the following occur:
(1) The elections official shall compare the signature on the written request with the signature or signatures in the voter’s record.
(2) The authorized representative shall sign an acknowledgment of receipt of the voter’s ballot.
(c) The voter shall mark the ballot, place it in the identification envelope, fill out and sign the identification envelope, and return the ballot pursuant to Section 3017. These
ballots shall be processed and counted in the same manner as other vote by mail ballots.
(d) The elections official shall keep a record of each vote by mail 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.
(Amended by Stats. 2023, Ch. 650, Sec. 1. (AB 398) Effective January 1, 2024.)
(a) Notwithstanding subdivision (f) of Section 14310, vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be permitted to vote nonprovisional ballots if either of the following conditions is satisfied:
(1) They surrender their vote by mail voter ballots to the inspector of the precinct board, a member of the vote center election board, or the elections official.
(2) They
are unable to surrender their vote by mail voter ballots pursuant to paragraph (1) but the precinct board, vote center election board, or elections official does all of the following:
(A) Verifies that they have not returned their vote by mail ballots.
(B) Notates their voter records to ensure that their vote by mail ballots are not cast or tabulated after they vote at the polls.
(b) The precinct board and vote center election board shall return the unused vote by mail voters’ ballots surrendered pursuant to subdivision (a) to the elections official in an envelope designated for this purpose.
(Amended by Stats. 2017, Ch. 806, Sec. 22. (SB 286) Effective January 1, 2018.)
Vote by mail voters who return to the polling place designated for their home precincts on or before election day, or go to a vote center established pursuant to Section 4005, or to the office or satellite office of an elections official where voting is permitted, shall be issued a provisional ballot in accordance with Section
14310 if neither of the conditions in subdivision (a) of Section 3015 is satisfied.
(Amended by Stats. 2017, Ch. 806, Sec. 22.5. (SB 286) Effective January 1, 2018.)
(a) A voter may vote their vote by mail ballot, without the identification envelope, in person at the polling place designated for the voter’s home precinct or at a vote center established pursuant to Section 4005, if all of the following conditions are met:
(1) The precinct board or vote center election board has real-time access to the county elections official’s election management system, and does both of
the following:
(A) Verifies that the voter has not returned a vote by mail ballot for that election.
(B) Changes the status of the voter
in the election management system from a vote by mail voter to an in person voter.
(2) After the voter’s status has been changed pursuant to subparagraph (B) of paragraph (1), the voter provides their name, address, and signature pursuant to Section 14216.
(3) The county elections official has established procedures to ensure that a voter who casts a ballot pursuant to this subdivision does not submit more than one vote by mail ballot without the identification envelope, and the precinct board or vote center election board complies with those procedures.
(b) A ballot cast pursuant to subdivision (a) shall be processed and
counted in the same manner as a nonprovisional ballot cast in person at the polling place or
vote center.
(Added by Stats. 2023, Ch. 661, Sec. 1. (AB 626) Effective January 1, 2024.)
The county elections official shall permit any voter to cast a ballot using a certified remote accessible vote by mail system, regardless of whether the voter is a voter with disabilities or a military or overseas voter.
(Amended by Stats. 2021, Ch. 312, Sec. 3. (AB 37) Effective January 1, 2022.)
(a) (1) All vote by mail ballots cast under this division shall be voted on or before the day of the election. After marking the ballot, the vote by mail voter shall do any of the following:
(A) Return the ballot by mail or in person to the elections official who issued the ballot.
(B) Return the ballot in person to a member of a precinct board at a polling place or vote center within the state.
(C) Return the ballot to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005.
(2) A vote by mail voter who is unable to return the ballot may designate another person to return the ballot to the elections official who issued the ballot, to the precinct board at a polling place or vote center within the state, or to a vote by mail ballot dropoff location within the state that is provided pursuant to Section 3025 or 4005. The person designated shall return the ballot in person, or put the ballot in the mail, no later than three days after receiving it from the voter or before the close of the polls on election day, whichever time period is shorter. Notwithstanding subdivision (d), a ballot shall not be disqualified from being counted solely because it was returned or mailed more than three days after the designated person received it from the voter, provided that the ballot is returned by the designated person before the
close of polls on election day.
(3) The ballot must be received by the elections official who issued the ballot, the precinct board, or the vote by mail ballot dropoff location before the close of the polls on election day. If a vote by mail ballot is returned to a precinct board at a polling place or vote center, or to a vote by mail ballot dropoff location, that is located in a county that is not the county of the elections official who issued the ballot, the elections official for the county in which the vote by mail ballot is returned shall forward the ballot to the elections official who issued the ballot no later than eight days after receipt.
(b) The elections official shall establish procedures to ensure the secrecy of a ballot returned to a polling place and the security, confidentiality,
and integrity of any personal information collected, stored, or otherwise used pursuant to this section.
(c) On or before March 1, 2008, the elections official shall establish procedures to track and confirm the receipt of voted vote by mail ballots and to make this information available by means of online access using the county’s elections division Internet Web site. If the county does not have an elections division Internet Web site, the elections official shall establish a toll-free telephone number that may be used to confirm the date a voted vote by mail ballot was received.
(d) The provisions of this section are mandatory, not directory, and a ballot shall not be counted if it is not delivered in compliance with this section.
(e) (1) A person designated to return a vote by mail ballot shall not receive any form of compensation based on the number of ballots that the person returns and an individual, group, or organization shall not provide compensation on this basis.
(2) For purposes of this paragraph, “compensation” means any form of monetary payment, goods, services, benefits, promises or offers of employment, or any other form of consideration offered to another person in exchange for returning another voter’s vote by mail ballot.
(3) A person in charge of a vote by mail ballot and who knowingly and willingly engages in criminal acts related to that ballot as described in Division 18 (commencing with Section 18000), including, but not limited to, fraud, bribery,
intimidation, and tampering with or failing to deliver the ballot in a timely fashion, is subject to the appropriate punishment specified in that division.
(Amended by Stats. 2018, Ch. 203, Sec. 2. (AB 306) Effective January 1, 2019.)
(a) Any voter using a vote by mail 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 direct recording electronic voting systems, as defined in subdivision (b) of Section 19271, are used the elections official shall provide sufficient direct recording electronic voting systems 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, except that in a county with a declared emergency or disaster, notice shall be made not later than 48 hours 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 vote by mail ballots and the satellite locations.
(c) Vote by mail ballots voted at a satellite location pursuant to this section shall be placed in a vote by
mail voter identification envelope to be completed by the voter pursuant to Section 3011. However, if the elections official provides sufficient direct recording electronic voting systems such that all ballot types in the election may be cast, the vote by mail ballot may be cast on a direct recording electronic voting system.
(Amended by Stats. 2014, Ch. 911, Sec. 2. (AB 2631) Effective January 1, 2015.)
(a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter.
(B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record.
(2) All of the following apply to the comparison of signatures pursuant to this section:
(A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voter’s signature.
(B) An exact match is not required for an elections official to determine that a voter’s signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
(C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
(D) When comparing signatures, an
elections official shall not review or consider a voter’s party preference, race, or ethnicity.
(E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
(F) The elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional
procedures described in paragraph (2) of subdivision (c).
(H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
(I) A signature made using a mark such as an
“X,” or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.
(c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2).
(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
(d) (1) (A) Except as provided in subparagraph
(E), on or before the next business day after a determination that a voter’s signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections
official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voter’s signature.
(D) Unless required pursuant to Section 3026, the elections official may use any information in a county’s election management system, or otherwise in the
elections official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature.
(E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(2) The notice and instructions shall be in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. |
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1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. |
2. The signature verification statement must be received by the elections official of the county where
you are registered to vote no later than 5 p.m. two days prior to certification of the election. |
3. You must sign your name where specified on the signature verification statement (Voter’s Signature). |
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or
facsimile transmission to your local elections official, or
by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.” |
(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions is satisfied:
(A) The voter delivers, in person, by mail, by fax, by email,
or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record.
(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.
(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
“SIGNATURE VERIFICATION STATEMENT |
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I,, am a registered voter of __________ County, |
State of California. I declare under penalty of perjury that I
received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
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Voter’s Signature |
Address” |
(6) An elections official shall include the vote by mail ballot signature verification statement and instructions provided in this subdivision on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voter’s signature for future elections.
(e) (1) (A) Notwithstanding any
other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i) Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.
(ii) No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope statement in substantially the following form:
“UNSIGNED IDENTIFICATION ENVELOPE
STATEMENT |
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I,, am a registered voter of __________ County, |
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of
a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
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Voter’s Signature |
Address” |
(iii) Before the close of the polls on election day, completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a
ballot dropoff box.
(B) (i) Except as provided in clause
(v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
(ii) If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls
the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
(iii) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.
(iv) Unless required pursuant to Section 3026, the elections official may use any information in the county’s election management system, or otherwise in the
elections official’s possession, for the purpose of notifying the voter of the opportunity to provide a signature.
(v) If it is impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
(C) If timely submitted, the elections official shall accept any completed unsigned identification
envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voter’s signature on the statement in the manner provided by this section.
(i) If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.
(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
(D) An elections official may use methods other than
those described in subparagraph (A) to obtain a voter’s signature on an unsigned identification
envelope statement.
(2) Instructions shall accompany the unsigned identification envelope statement in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
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1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election. |
2. You must
sign your name on the line above (Voter’s Signature). |
3. Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct. |
4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or
submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.” |
(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) An elections official shall include the unsigned identification envelope statement and instructions described in this subdivision on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(f) A local elections official
offering other electronic means for submission of a statement described in this section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot.
(g) A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
(h) For purposes of this section, “certification of the election” means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
(i) In comparing signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall
adhere to all applicable regulations promulgated by the Secretary of State.
(j) An elections official is authorized to use contact information provided on a voter’s affidavit of registration to contact a voter for purposes consistent with this section.
(Amended by Stats. 2023, Ch. 701, Sec. 1.5. (SB 77) Effective January 1, 2024.)
(a) A county elections official shall establish a free access system that allows a vote by mail voter to learn if the voter’s vote by mail ballot was counted and, if not, the reason why the ballot was not counted. For each election, the elections official shall make the free access system available to a vote by mail voter upon completion of the official canvass and for 30 days after completion of the official canvass.
(b) For purposes of establishing the free access system for vote by mail ballots required by subdivision (a), a county elections official may use the free access system for provisional ballots established by the county pursuant to Section 302 of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 21082).
(c) If a county elections official elects not to mail a county voter information guide to a voter pursuant to Section 13305, the elections official shall use any savings achieved to offset the costs associated with establishing the free access system for vote by mail ballots required by subdivision (a).
(d) When a county elections official updates the county’s election management system or voter look-up tool on the county’s internet website with new voter information, the elections official shall provide the updated information to the Secretary of State to update the information that the Secretary of State provides to the public.
(Amended by Stats. 2020, Ch. 370, Sec. 107. (SB 1371) Effective January 1, 2021.)
(a) The Secretary of State shall maintain a system to allow a vote by mail voter to track the voter’s vote by mail ballot through the mail system and as the vote by mail ballot is processed by the county elections official. A county elections official shall use this system unless the county makes available to voters a different vote by mail ballot tracking system that meets or exceeds the level of service provided by the Secretary of State’s system. The system shall, at a minimum, be accessible to voters with disabilities and allow a voter to register to receive information via email or text message from the county elections official about the status of the voter’s vote by mail ballot, including all of the following information:
(1) A notification when the ballot has been delivered by the county elections official to the United States Postal Service.
(2) A notification of the date, based on information from the United States Postal Service, that the voter’s ballot is expected to be delivered to the voter.
(3) A notification if the voter’s ballot is returned as undeliverable to the county elections official by the United States Postal Service.
(4) A notification when the voter’s completed ballot has been received by the county elections official.
(5) A notification that the voter’s completed ballot has been counted, or, if the
ballot cannot be counted, a notification of the reason why the ballot could not be counted and instructions of any steps that the voter can take in order to have the ballot counted.
(6) A reminder of the deadline for the voter to return the voter’s ballot if the county elections official has not received a voter’s completed ballot by specified dates as determined by the county elections official.
(b) The Secretary of State shall make the system maintained pursuant to subdivision (a) available for use by each county. A county elections official may use the system for the purpose of complying with Section 3019.5.
(Amended by Stats. 2021, Ch. 312, Sec. 4. (AB 37) Effective January 1, 2022.)
(a) All vote by mail 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.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast under this division shall be timely cast if it is received by the voter’s elections official via the United States Postal Service or a bona fide private mail delivery company no later than seven days after election day and either of the following is satisfied:
(1) The ballot is postmarked on or before election day or is time stamped or date stamped by a bona fide
private mail delivery company on or before election day, or it is otherwise indicated by the United States Postal Service or a bona fide private mail delivery company that the ballot was mailed on or before election day.
(2) If the ballot has no postmark, a postmark with no date, or an illegible postmark, and no other information is available from the United States Postal Service or the bona fide private mail delivery company to indicate the date on which the ballot was mailed, the vote by mail ballot identification envelope is date stamped by the elections official upon receipt of the vote by mail ballot from the United States Postal Service or a bona fide private mail delivery company, and is signed and dated pursuant to Section 3011 on or before election day.
(c) For purposes
of this section, “bona fide private mail delivery company” means a courier service that is in the regular business of accepting a mail item, package, or parcel for the purpose of delivery to a person or entity whose address is specified on the item.
(Amended by Stats. 2021, Ch. 312, Sec. 5. (AB 37) Effective January 1, 2022.)
(a) Upon the declaration of an out-of-state emergency by the Governor and the issuance of an executive order authorizing an out-of-state emergency worker to cast a ballot outside of their home precinct, a county elections official shall, upon request of an out-of-state emergency worker pursuant to this chapter, issue a vote by mail ballot to the out-of-state emergency worker using a process to be determined by that elections official. The process shall include all of the following:
(1) Authorization for a vote by mail ballot and accompanying voting materials to be sent to an out-of-state emergency worker by mail, facsimile transmission, or electronic transmission, as requested by the out-of-state emergency worker. An elections official may use reasonable facsimiles of the county voter information guides sent to voters as vote by mail ballots.
(2) A requirement that an out-of-state emergency worker mark the vote by mail ballot provided to
them, place it in the vote by mail ballot identification envelope, and return the vote by mail ballot to the elections official from whom it was obtained. If no identification envelope is provided, the envelope used to return the vote by mail ballot to the elections official shall include the information required by subdivision (a) of Section 3011 and a statement signed under penalty of perjury that the voter is an out-of-state emergency worker.
(b) In order to be counted, a vote by mail ballot cast pursuant to this section shall be received in compliance with Section 3020.
(c) An elections official shall receive and canvass vote by mail ballots cast pursuant to this section by the same procedure as for all other vote by mail ballots cast pursuant to this chapter.
(Amended by Stats. 2022, Ch. 161, Sec. 16. (AB 2608) Effective August 22, 2022.)
Each ballot that is delivered pursuant to this chapter shall be accompanied by a state voter information guide, unless the voter has already been provided a state voter information guide. The state voter information guide shall display the Internet Web site address for a voter to check the status of his or her vote by mail or provisional ballot.
(Amended by Stats. 2017, Ch. 85, Sec. 1. (AB 1044) Effective January 1, 2018.)
The cost to administer vote by mail 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.
(Amended by Stats. 2007, Ch. 508, Sec. 36. Effective January 1, 2008.)
(a) For purposes of this section, the following terms have the following meanings:
(1) “Vote by mail ballot drop box” means a secure receptacle established by a county or city and county elections official whereby a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(2) “Vote by mail ballot drop-off location” means a location consisting of a secured vote by mail ballot drop box at which a voted vote by mail ballot may be returned to the elections official from whom it was obtained.
(b) On or before January 1, 2017, the Secretary of State shall promulgate regulations establishing guidelines based
on best practices for security measures and procedures, including, but not limited to, chain of custody, pick-up times, proper labeling, and security of vote by mail ballot drop boxes, that a county elections official may use if the county elections official establishes one or more vote by mail ballot drop-off locations.
(Amended by Stats. 2016, Ch. 86, Sec. 93. (SB 1171) Effective January 1, 2017.)
(a) (1) A county that does not conduct an election pursuant to Section 4005 shall provide at least two vote by mail ballot drop-off locations within the jurisdiction where the election is held or at least one vote by mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, as determined on the 88th day before the day of the election, whichever results in more vote by mail ballot drop-off locations.
(2) Notwithstanding paragraph (1), for a jurisdiction with fewer than 30,000 registered voters, at least one vote by mail ballot drop-off location shall be provided. The elections official shall make a
reasonable effort to provide a vote by mail ballot drop-off location in the jurisdiction where the election is held.
(b) A vote by mail ballot drop-off location provided for under this section consists of a secure, accessible, and locked ballot box located as near as possible to established public transportation routes and that is able to receive voted ballots. All vote by mail ballot drop-off locations shall be open at least during regular business hours beginning not less than 28 days before the day of the election, and on the day of the election.
(c) At least one vote by mail ballot drop-off location shall be an exterior drop box that is available for a minimum of 12 hours per day.
(d) For the purposes of this section,
“vote by mail ballot drop-off location” has the same meaning as in Section 3025.
(Amended by Stats. 2023, Ch. 479, Sec. 4. (AB 1762) Effective January 1, 2024.)
(a) A county that conducts a statewide primary or statewide general election in accordance with Section 3025.5 or 4005 shall, in addition to the vote by mail ballot drop-off locations required by those sections, provide the following vote by mail ballot drop-off locations:
(1) The elections official shall designate one location on the main campus of each California State University within the official’s jurisdiction for an additional vote by mail ballot drop-off location.
(2) The elections official shall request that the governing body having jurisdiction over any University of California campus within the
official’s jurisdiction authorize the use of one location on that campus for an additional vote by mail ballot drop-off location. The University of California is encouraged to comply with a request made under this paragraph.
(3) A county may, but is not required to, provide a vote by mail ballot drop-off location on a campus in accordance with this subdivision if the campus is not in session for its fall, winter, or spring term on the day of the election.
(b) When selecting ballot drop-off locations required by Section 3025.5 or 4005 for a statewide primary or statewide general election, the elections official shall give preference to locations on
community college campuses that will be in session for the fall, winter, or spring term on the day of the election, and that have an annual enrollment of at least 10,000 students.
(c) A ballot drop-off location established in accordance with this section shall be accessible to voters with disabilities and shall comply with the general accessibility requirements described in Section 4005.
(Amended by Stats. 2023, Ch. 479, Sec. 5. (AB 1762) Effective January 1, 2024.)
(a) The Secretary of State shall promulgate regulations establishing guidelines for county elections officials relating to the processing of vote by mail ballots.
(b) The Secretary of State shall evaluate the necessity for procedures that will protect voters’ personally identifying information from elections observers present during the signature comparison process specified in Section 3019. These procedures may be included in the regulations promulgated pursuant to this section.
(c) (1) The Secretary of State shall evaluate the cost and necessity of requiring an elections official to use information in the
county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying a voter of the opportunity to verify a signature pursuant to subdivision (d) of Section 3019 or to provide a signature pursuant to subdivision (e) of Section 3019. Based on this review, the Secretary of State may impose these requirements in regulations promulgated pursuant to this section.
(2) The Secretary of State shall evaluate the cost and necessity of requiring an elections official to send the additional written notices to voters specified in subparagraph (C) of paragraph (1) of subdivision (d) of, and clause (iii) of subparagraph (B) of paragraph (1) of subdivision (e) of, Section 3019. Based on this review, the Secretary of State may impose these requirements in regulations promulgated pursuant to this
section.
(d) When promulgating or amending regulations pertaining to signature comparison pursuant to Section 3019, the Secretary of State shall consult with recognized elections experts, voter access and advocacy stakeholders, and local elections officials.
(Amended by Stats. 2023, Ch. 701, Sec. 2. (SB 77) Effective January 1, 2024.)