Chapter 1Vote by Mail Application and Voting Procedures
Section § 3000
This law section means that when it comes to interpreting rules about voting by mail, decisions should generally be made in ways that benefit or favor people who choose to vote this way.
Section § 3000.5
This law requires that election officials start mailing election materials to registered voters at least 29 days before an election. They must send ballots to newly registered voters within five days of their registration. Election officials cannot favor any area over another when deciding the order of mailing during this period.
Voters can still choose to vote in person if they prefer. Importantly, this section doesn't permit sending vote-by-mail ballots to voters on the inactive voter list.
Section § 3001
This law requires county elections officials to start sending out voting materials to active registered voters at least 29 days before an election. They have five days to send ballots to everyone registered by that date and another five days for anyone who registers later. Officials must treat all areas fairly and can't favor any region when mailing ballots.
Section § 3002
This law requires anyone who has been granted confidentiality under a specific provision to vote using a mail ballot. They must also provide a valid mailing address to election officials, which will be used instead of their residence address.
Section § 3003
If you're a registered voter, you have the right to vote by mail.
Section § 3004
This law requires county election officials to place a notice in locations where people apply for passports or join the military. The notice must inform military and overseas voters about their right to vote by mail and where they can get materials to register.
Section § 3005
If a voting area, known as a precinct, has 250 or fewer registered voters 88 days before an election, officials can send all voters in that area a mail-in ballot along with a notice that there won't be a physical polling place. They'll also tell voters where the two nearest polling places are located if they choose to hand-deliver their ballots by election day.
An area can't be split up just to meet this rule.
Section § 3010
This law states that election officials must provide each qualified voter with their specific precinct ballot, and if it's a primary election, also any party-specific ballots if the voter has a preferred party. They must also supply everything needed to vote and return the mail-in ballot, like envelopes and prepaid postage. Importantly, no charges can be made to voters for these services.
Section § 3011
This law outlines the requirements for what must be included on a vote-by-mail ballot envelope. The envelope must have the voter's declaration of residency, their signature, address, and the date signed. It also must state that the envelope contains an official ballot, warn against voting twice, and instruct that the signature is necessary to count the ballot. It explains that voters should not be noted for their party preference on the envelope, except during partisan primaries. If someone returns a ballot on behalf of the voter, their name and signature should be included, but the ballot won't be disqualified if these are missing. Officials can still use old envelopes until the new ones are printed.
Section § 3012
This law says that when a voting official needs to send a mail-in ballot to a voter who is outside the United States, they must use airmail. If there's any U.S. law allowing official election ballots to be sent without paying for stamps, the official should take advantage of that and mail them for free.
Section § 3013
When an elections official gives or sends a mail-in ballot to a voter, they must record the type of ballot and the date it was sent on the voter’s registration records. They also need to provide a list of voters who received mail-in ballots to the precinct inspector before the election.
Section § 3014
This law explains the process for a voter to get a replacement ballot in case their original one is lost or damaged. To request a replacement, the voter must give personal details that match their voter registration, like their name, address, and birthdate. Only the voter can request their own replacement ballot; outsiders doing so is illegal.
If a voter wants a representative to pick up a replacement ballot for them, they have to fill out a form under penalty of perjury. The elections official will check the voter’s signature against records and the representative must acknowledge they've received it. Once the replacement ballot is filled out and enclosed in the identification envelope, it’s returned and counted like any other mail-in ballot.
The law also requires officials to keep track of all sent and received ballots to prevent anyone from voting twice. If someone does try to vote twice, neither of their ballots will be counted.
Section § 3015
This law explains the rules for voting in-person for those who initially opted for mail voting. If vote-by-mail voters choose to vote in-person at their polling place or voting center, they can do so with non-provisional ballots. To vote this way, they must either give back their mail-in ballot or, if they don't have it, election officials must confirm they haven't already voted by mail and update records to prevent their mail ballot from being counted later. Additionally, any unused mail ballots returned this way must be sent back to elections officials in a special envelope.
Section § 3016
This law explains that if a vote-by-mail voter goes to their local polling place, a vote center, or an elections official's office on or before election day, they will receive a provisional ballot unless certain conditions are met. Those conditions are outlined in another section (3015, subdivision a) that are not detailed here. Essentially, if a regular vote can't be processed, a provisional one is provided.
Section § 3016.5
This California law allows voters to submit their vote-by-mail ballots in person at their designated polling place or a designated vote center without needing the identification envelope. To do so, several conditions must be met: the election board must have real-time access to the election management system, confirm the voter hasn't already submitted a vote-by-mail ballot, and update their voting status to in-person. After updating, the voter must provide their name, address, and signature. The county must have measures in place to prevent double voting. Ballots cast under these conditions will be processed like any regular in-person ballot.
Section § 3016.7
This law allows any voter in the county, not just those with disabilities or those who are military or overseas, to use a certified remote vote-by-mail system to cast their ballot.
Section § 3017
If you vote by mail in California, you have to make sure your ballot is voted on or before election day. You can return it by mail, in person to the official who issued it, at a polling place, or at a designated drop-off location. If you can't return it yourself, you can have someone else do it, but they must either mail it or deliver it in person within three days or before polls close on election day, whichever comes first.
Your ballot must reach the officials by the time polls close, even if it was returned in another county. Officials have to keep your voting choice secret and your personal data safe. They must also provide a way, online or by phone, for you to track your ballot receipt. It's important that ballots are delivered matching these rules; otherwise, they won't be counted.
No one can be paid based on how many ballots they return, and any cheating or tampering with ballots is a criminal offense and will be punished accordingly.
Section § 3018
This law allows voters who want to use a vote-by-mail ballot to do so in person at the elections office before the polls close on election day. They can vote in front of an election officer or in a voting booth, but their vote must stay private. If electronic voting systems are available, all types of ballots must be accommodated.
Additionally, elections offices can set up satellite locations for voting. Public notice of these locations must be given through a news release at least 14 days before they open, or 48 hours in case of emergencies. The notice must include the location details, hours, and a contact number for information. Voters at satellite locations need to use an identification envelope unless electronic voting can capture all ballot types directly.
Section § 3019
This law outlines the process and standards for verifying signatures on vote-by-mail ballots in California. When an elections official receives a vote-by-mail ballot, they must compare the signature on the envelope to one on file, without requiring an exact match. If there's a discrepancy, voters are notified and given a chance to verify their signature. Officials use various methods, including signature verification technology and facsimiles, while adhering to Secretary of State regulations. If required, two additional officials must agree beyond a reasonable doubt on the mismatch before rejecting a ballot. Voters have up until two days before the certification of the election to correct issues like an unsigned envelope. Notice to voters must be prompt and in multiple languages as mandated by the Voting Rights Act.
Section § 3019.5
This law requires county elections officials in California to set up a free system that lets people who vote by mail check if their ballot was counted and, if not, why it wasn't counted. This system should be available after the official count for each election and for 30 days afterward.
Officials can use an existing system meant for verifying provisional ballots to fulfill this requirement. If a county saves money by not sending out voter information guides, it should use those savings to help pay for this system.
Also, any updates made by counties to their voter information systems must be shared with the Secretary of State to keep the public's information current on the state website.
Section § 3019.7
This law requires the Secretary of State to maintain a system that lets vote-by-mail voters track their ballots through the mail and as they're processed by county election officials. If a county has a system that provides better or equal service, they can use that instead. The tracking system must be accessible to people with disabilities and allow voters to get email or text updates about their ballot status. These updates include when the ballot is mailed, when it's expected to arrive, if it's undeliverable, when it's received, if it's counted, and if not counted, why and how to fix it. It also reminds voters of deadlines if the ballot hasn't been received.
The Secretary of State's system must be available for counties to use to meet existing legal obligations.
Section § 3020
This law defines the rules around submitting vote-by-mail ballots in California. Vote-by-mail ballots must reach the election office or precinct by the end of election day to be counted. However, ballots sent through the mail can still be counted if they arrive up to seven days after election day, as long as they were postmarked on or before election day. If a ballot with no clear postmark is received, it will be accepted if it arrives with a date stamp from the election official, and the voter signs and dates it as required.
A genuine private mail company, one that regularly delivers items for others, can also be used to send these ballots.
Section § 3021.5
This law allows out-of-state emergency workers to vote by mail in California when the Governor declares an emergency and issues an order. They can request mail ballots, which can be sent and received by mail, fax, or electronically, based on their preference. Emergency workers must mark their ballot, return it in the proper envelope with a signed statement, and ensure it reaches the local elections official in time to be counted. The ballots are processed like other mail-in votes.
Section § 3023
When a ballot is sent to a voter, it should include a state voter information guide, unless the voter has already received one. This guide will have a website address where voters can check the status of their vote-by-mail or provisional ballot.
Section § 3024
This law states that when there is an election involving both school-related matters and other issues, the cost of handling vote-by-mail ballots cannot be charged to school districts. This means school districts, county boards of education, and community college districts should not have to pay for these administrative costs. Additionally, they are to be removed from a list of eligible claimants who could be reimbursed for such costs.
Section § 3025
This law defines two key terms related to mail-in voting: a 'vote by mail ballot drop box' and a 'vote by mail ballot drop-off location.' Both are secure ways for voters to return their mail-in ballots. The law requires that, by January 1, 2017, the Secretary of State must create regulations with best practice guidelines for the security of these ballot return methods. These guidelines cover topics such as secure handling, pick-up times, and labeling to ensure the safety and integrity of the ballots returned through these systems.
Section § 3025.5
This law requires counties that don't conduct elections under Section 4005 to provide vote-by-mail ballot drop-off locations. Specifically, they must have at least two drop-off locations or one for every 30,000 registered voters, whichever ensures more locations. If there are fewer than 30,000 voters, at least one location must be provided, with a reasonable effort to place it within the electoral area.
These locations should be secure, accessible, and near public transport, open at least during business hours starting 28 days before and on election day. Additionally, there must be an outdoor drop box available for a minimum of 12 hours daily.
Section § 3025.7
This law requires that counties conducting statewide elections in California must provide additional vote-by-mail ballot drop-off locations on college campuses. Specifically, one drop-off location must be set up on the main campus of each California State University within the county's jurisdiction. Counties can ask University of California campuses to host a drop-off location, though they aren't obliged to comply. Additionally, if a campus is not in session on election day, counties may choose not to set up a drop-off location there. For choosing locations, preference should be given to community college campuses in session with at least 10,000 students. All selected drop-off locations must be accessible to voters with disabilities.
Section § 3026
This California law section requires the Secretary of State to create rules for how county officials handle vote-by-mail ballots. It focuses on protecting voters’ private information during the signature verification process. The law also requires reviewing the costs and necessity of informing voters about signature verification opportunities using election system data. Additional notices to voters may be required based on this review. Lastly, when creating or changing rules, the Secretary of State must work with election experts and advocacy groups.