SECTIONS 3300-3311 - California Statutes

ELECTIONS CODE

SECTION 3300-3311

3300. It is the intent and purpose of the Legislature that this
chapter facilitate the federal mandate of the Uniformed and Overseas
Citizens Absentee Voting Act (Public Law 99-410).

3301. Notwithstanding any other provision of law to the contrary,
this chapter shall govern the voter registration and voting of a
person in any federal election if that person resides outside of the
United States and was domiciled in California immediately prior to
his or her departure from the United States.

3302. Each citizen residing outside the United States shall have
the right to register for, and to vote by, a vote by mail ballot in
any federal election in the state, or in any precinct of the state in
which he or she was last domiciled immediately prior to his or her
departure from the United States and in which he or she would have
met all qualifications to vote in federal elections under the laws of
this state, even though while residing outside the United States he
or she does not have a place of abode or other address in this state
or in a precinct of this state, and his or her intent to return to
this state or to a precinct in this state may be uncertain, if the
person meets the following requirements:
(a) He or she has complied with all applicable requirements that
are consistent with this chapter concerning vote by mail registration
for, and voting by, a vote by mail ballot.
(b) He or she does not maintain a domicile, is not registered to
vote, and is not voting in any other state or precinct of a state or
territory or in any territory or possession of the United States.
(c) He or she has a valid passport or card of identity and
registration issued under the authority of the Secretary of State of
the United States.

3303. Any person described in Section 3302 who desires to register
and vote under this chapter shall apply in writing to the elections
official of the county in which the person was last domiciled prior
to departure from the United States. When an overseas voter as
described in Section 3302 applies for a vote by mail ballot, the
application shall be deemed an affidavit of registration and an
application for permanent vote by mail status, pursuant to Chapter 3
(commencing with Section 3200).

3304. (a) Any application made pursuant to this chapter that is
received by the elections official prior to the 60th day before the
election shall be kept and processed on or after the 60th day before
the election.
(b) The elections official shall send with the ballot a list of
all candidates who have qualified for the ballot by the 60th day
before the election and for whom the voter is qualified to vote. The
voter shall be entitled to write in the name of any specific
candidate seeking the nomination or election to any office listed on
the ballot.
(c) Notwithstanding Section 15341 or any other provision of law,
any name written upon a ballot for a particular office pursuant to
subdivision (b) shall be counted for the office or nomination,
providing the candidate whose name is written on the ballot has, as
of the date of the election, qualified to have his or her name placed
on the ballot for the office, or has qualified as a write-in
candidate for the office.
(d) The elections official shall receive and canvass the vote by
mail ballots described in this section under the same procedure as
other vote by mail ballots, insofar as that procedure is not
inconsistent with this section.

3305. Upon receipt of an application for registration and a vote by
mail ballot by a person who meets the requirements of Section 3302,
the county elections official shall determine the following:
(a) That the last domicile of the applicant in the United States
was in the county to which the person has applied. If the last
domicile of the applicant in the United States was in another county,
the elections official shall forward the application to that county.
(b) That the applicant is not currently registered. If the
applicant is registered as a resident of the county, the elections
official shall cancel the affidavit of registration.

3307. (a) As soon as possible after the 60th day before the federal
election, the county elections official shall mail or deliver a
ballot to each person who has requested registration as an overseas
voter since the last regularly scheduled federal election.
(b) The overseas voter shall be informed of the following:
(1) That the affidavit must be correctly completed and returned
with the ballot in order for the vote to be tallied.
(2) That the voter's registration is valid, that the voter has
permanent vote by mail status, and that the ballots for future
elections will be sent to the voter at the mailing address provided
by the voter.
(3) The provisions of Section 3206.
(c) Vote by mail voter ballots mailed or delivered pursuant to
this section shall be modified pursuant to regulations adopted by the
Secretary of State so as to show only those offices for which the
overseas resident is entitled to vote.

3308. Upon timely receipt of the application for a vote by mail
ballot, the county elections official shall examine the application
to ascertain that it is properly executed in accordance with this
code. If the county elections official is satisfied of this fact, the
applicant shall be deemed a duly registered voter as of the date
appearing on the application to the same extent and with the same
effect as though he or she had registered in proper time prior to the
election.

3310. Applications for the ballots of overseas voters shall be
received and their ballots shall be received and canvassed at the
same time and under the same procedure as vote by mail voter ballots,
insofar as that procedure is not inconsistent with this chapter.

3311. Except as provided in Section 10735, all vote by mail ballots
cast pursuant to this chapter shall be received by the county
elections official not later than 8 p.m. on the day of a federal
election.