Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly March 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1403Introduced by Assembly Member ObernolteFebruary 17, 2017 An act to amend Section 3106 of the Elections Code, relating to military and overseas voters. LEGISLATIVE COUNSEL'S DIGESTAB 1403, as amended, Obernolte. Military and overseas voters: return of ballot by electronic means.Existing law sets forth the procedures for military or overseas voters, as defined, to register to vote, to apply for voting ballots, and to vote. Existing law requires unvoted voting materials to be electronically transmitted to a military or overseas voter and authorizes a voter to return his or her vote by mail ballot by facsimile transmission.This bill would require the Secretary of State to submit, by January 1, 2019, a report to specified legislative committees describing the feasibility of allowing military and overseas voters to return their ballots by electronic means.In addition to facsimile transmission, this bill would authorize a military or overseas voter to return his or her vote by mail ballot by other electronic means including, but not limited to, email. The bill would require a voter who submits his or her ballot by electronic means, other than by facsimile transmission, to send the hard copy of his or her voted ballot by postal mail to the elections official. By imposing additional duties on elections officials, the bill would impose a state-mandated local program.The bill would also require the Secretary of State to adopt and publish regulations, as specified, governing the submission of ballots by electronic means, including facsimile transmission, which preserve the integrity of the voting and elections processes, and would require that those regulations protect against the unauthorized interception of ballot information by including requirements that ensure the ability of elections officials to secure, use, audit, and verify ballots sent by electronic means.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3106 of the Elections Code is amended to read: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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.(B) A summary of the methods of ballot submission used by other states for military and overseas voters.(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.SECTION 1.Section 3106 of the Elections Code is amended to read: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 final date to make application for a vote by mail ballot, may return his or her ballot by electronic means, including facsimile transmission. In addition to regulations adopted by the Secretary of State governing submission of ballots by electronic means, including facsimile transmission, ballots returned pursuant to this section are subject to the following requirements:(1)If a military or overseas voter submits a copy of his or her ballot by electronic means other than facsimile transmission, the voter shall also send the hard copy of his or her voted ballot by postal mail to the voters elections official.(2)To be counted, a ballot returned by electronic means, including facsimile transmission, shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by electronic means, including 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.My residence address (last U.S. residence for voter qualification purposes) is(Street Address)(City)(ZIP Code).My current mailing address is(Street Address)(City)(ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS: (1) YOU SIGN THEABOVE OATH AND (2) YOU SEND THE SIGNED OATH, YOUR VOTED BALLOT, ANDIDENTIFICATION ENVELOPEBY ELECTRONIC MEANS, INCLUDING FACSIMILE TRANSMISSION, TO YOUR ELECTIONS OFFICIAL BY THE DEADLINE FOR VOTING BY NON-ELECTRONIC MEANS OR BY FACSIMILE TRANSMISSION. IF YOU SUBMIT YOUR BALLOT BY ELECTRONIC MEANS OTHER THAN FACSIMILE, YOU MUST ALSO SEND THE PHYSICAL COPY OF YOUR VOTED BALLOT BY POSTAL MAIL TO YOUR ELECTIONS OFFICIAL. THE PHYSICAL COPY NEED NOT BE RECEIVED BY THE ELECTIONS OFFICIAL BY THE VOTING DEADLINE; HOWEVER, YOUR BALLOT MAY BE INVALIDATED IF THE ELECTIONS OFFICIAL DOES NOT RECEIVE THE PHYSICAL COPY OF YOUR VOTED BALLOT WITHIN 30 DAYS OF THE ELECTION.(b)Notwithstanding the voters waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by electronic means, including facsimile transmission.(c)Upon receipt of a ballot returned by electronic means, including facsimile transmission, the elections official shall determine the voters eligibility to vote by comparing the signature on the return information of the ballot returned by electronic means, including facsimile transmission with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her ballot by mail or in person, if possible.(e)A military or overseas voter should return a ballot by electronic means, including facsimile transmission, only if doing so is necessary for the ballot to be received before the close of polls on election day.(f)The Secretary of State shall adopt and publish regulations governing the submission of ballots by electronic means, including facsimile transmission, to preserve the integrity of the voting and elections processes. The regulations shall protect against the unauthorized interception of ballot information, including the ability of elections officials to secure, use, audit, and verify ballots sent pursuant to subdivision (a).(1)By November 1, 2018, the Secretary of State shall publish regulations governing the submission of ballots by facsimile transmission.(2)The Secretary of State shall publish regulations governing the submission of ballots by electronic means other than facsimile transmission, including, but not limited to, transmission by email.(g)Elections officials shall not implement the submission of ballots by electronic means other than by facsimile transmission until the Secretary of State publishes the regulations required under paragraph (2) of subdivision (f).SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly March 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1403Introduced by Assembly Member ObernolteFebruary 17, 2017 An act to amend Section 3106 of the Elections Code, relating to military and overseas voters. LEGISLATIVE COUNSEL'S DIGESTAB 1403, as amended, Obernolte. Military and overseas voters: return of ballot by electronic means.Existing law sets forth the procedures for military or overseas voters, as defined, to register to vote, to apply for voting ballots, and to vote. Existing law requires unvoted voting materials to be electronically transmitted to a military or overseas voter and authorizes a voter to return his or her vote by mail ballot by facsimile transmission.This bill would require the Secretary of State to submit, by January 1, 2019, a report to specified legislative committees describing the feasibility of allowing military and overseas voters to return their ballots by electronic means.In addition to facsimile transmission, this bill would authorize a military or overseas voter to return his or her vote by mail ballot by other electronic means including, but not limited to, email. The bill would require a voter who submits his or her ballot by electronic means, other than by facsimile transmission, to send the hard copy of his or her voted ballot by postal mail to the elections official. By imposing additional duties on elections officials, the bill would impose a state-mandated local program.The bill would also require the Secretary of State to adopt and publish regulations, as specified, governing the submission of ballots by electronic means, including facsimile transmission, which preserve the integrity of the voting and elections processes, and would require that those regulations protect against the unauthorized interception of ballot information by including requirements that ensure the ability of elections officials to secure, use, audit, and verify ballots sent by electronic means.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly March 29, 2017
Amended IN Assembly May 26, 2017
Amended IN Assembly April 27, 2017
Amended IN Assembly April 18, 2017
Amended IN Assembly March 29, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1403
Introduced by Assembly Member ObernolteFebruary 17, 2017
Introduced by Assembly Member Obernolte
February 17, 2017
An act to amend Section 3106 of the Elections Code, relating to military and overseas voters.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1403, as amended, Obernolte. Military and overseas voters: return of ballot by electronic means.
Existing law sets forth the procedures for military or overseas voters, as defined, to register to vote, to apply for voting ballots, and to vote. Existing law requires unvoted voting materials to be electronically transmitted to a military or overseas voter and authorizes a voter to return his or her vote by mail ballot by facsimile transmission.This bill would require the Secretary of State to submit, by January 1, 2019, a report to specified legislative committees describing the feasibility of allowing military and overseas voters to return their ballots by electronic means.In addition to facsimile transmission, this bill would authorize a military or overseas voter to return his or her vote by mail ballot by other electronic means including, but not limited to, email. The bill would require a voter who submits his or her ballot by electronic means, other than by facsimile transmission, to send the hard copy of his or her voted ballot by postal mail to the elections official. By imposing additional duties on elections officials, the bill would impose a state-mandated local program.The bill would also require the Secretary of State to adopt and publish regulations, as specified, governing the submission of ballots by electronic means, including facsimile transmission, which preserve the integrity of the voting and elections processes, and would require that those regulations protect against the unauthorized interception of ballot information by including requirements that ensure the ability of elections officials to secure, use, audit, and verify ballots sent by electronic means.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law sets forth the procedures for military or overseas voters, as defined, to register to vote, to apply for voting ballots, and to vote. Existing law requires unvoted voting materials to be electronically transmitted to a military or overseas voter and authorizes a voter to return his or her vote by mail ballot by facsimile transmission.
This bill would require the Secretary of State to submit, by January 1, 2019, a report to specified legislative committees describing the feasibility of allowing military and overseas voters to return their ballots by electronic means.
In addition to facsimile transmission, this bill would authorize a military or overseas voter to return his or her vote by mail ballot by other electronic means including, but not limited to, email. The bill would require a voter who submits his or her ballot by electronic means, other than by facsimile transmission, to send the hard copy of his or her voted ballot by postal mail to the elections official. By imposing additional duties on elections officials, the bill would impose a state-mandated local program.
The bill would also require the Secretary of State to adopt and publish regulations, as specified, governing the submission of ballots by electronic means, including facsimile transmission, which preserve the integrity of the voting and elections processes, and would require that those regulations protect against the unauthorized interception of ballot information by including requirements that ensure the ability of elections officials to secure, use, audit, and verify ballots sent by electronic means.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3106 of the Elections Code is amended to read: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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.(B) A summary of the methods of ballot submission used by other states for military and overseas voters.(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.SECTION 1.Section 3106 of the Elections Code is amended to read: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 final date to make application for a vote by mail ballot, may return his or her ballot by electronic means, including facsimile transmission. In addition to regulations adopted by the Secretary of State governing submission of ballots by electronic means, including facsimile transmission, ballots returned pursuant to this section are subject to the following requirements:(1)If a military or overseas voter submits a copy of his or her ballot by electronic means other than facsimile transmission, the voter shall also send the hard copy of his or her voted ballot by postal mail to the voters elections official.(2)To be counted, a ballot returned by electronic means, including facsimile transmission, shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by electronic means, including 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.My residence address (last U.S. residence for voter qualification purposes) is(Street Address)(City)(ZIP Code).My current mailing address is(Street Address)(City)(ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS: (1) YOU SIGN THEABOVE OATH AND (2) YOU SEND THE SIGNED OATH, YOUR VOTED BALLOT, ANDIDENTIFICATION ENVELOPEBY ELECTRONIC MEANS, INCLUDING FACSIMILE TRANSMISSION, TO YOUR ELECTIONS OFFICIAL BY THE DEADLINE FOR VOTING BY NON-ELECTRONIC MEANS OR BY FACSIMILE TRANSMISSION. IF YOU SUBMIT YOUR BALLOT BY ELECTRONIC MEANS OTHER THAN FACSIMILE, YOU MUST ALSO SEND THE PHYSICAL COPY OF YOUR VOTED BALLOT BY POSTAL MAIL TO YOUR ELECTIONS OFFICIAL. THE PHYSICAL COPY NEED NOT BE RECEIVED BY THE ELECTIONS OFFICIAL BY THE VOTING DEADLINE; HOWEVER, YOUR BALLOT MAY BE INVALIDATED IF THE ELECTIONS OFFICIAL DOES NOT RECEIVE THE PHYSICAL COPY OF YOUR VOTED BALLOT WITHIN 30 DAYS OF THE ELECTION.(b)Notwithstanding the voters waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by electronic means, including facsimile transmission.(c)Upon receipt of a ballot returned by electronic means, including facsimile transmission, the elections official shall determine the voters eligibility to vote by comparing the signature on the return information of the ballot returned by electronic means, including facsimile transmission with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her ballot by mail or in person, if possible.(e)A military or overseas voter should return a ballot by electronic means, including facsimile transmission, only if doing so is necessary for the ballot to be received before the close of polls on election day.(f)The Secretary of State shall adopt and publish regulations governing the submission of ballots by electronic means, including facsimile transmission, to preserve the integrity of the voting and elections processes. The regulations shall protect against the unauthorized interception of ballot information, including the ability of elections officials to secure, use, audit, and verify ballots sent pursuant to subdivision (a).(1)By November 1, 2018, the Secretary of State shall publish regulations governing the submission of ballots by facsimile transmission.(2)The Secretary of State shall publish regulations governing the submission of ballots by electronic means other than facsimile transmission, including, but not limited to, transmission by email.(g)Elections officials shall not implement the submission of ballots by electronic means other than by facsimile transmission until the Secretary of State publishes the regulations required under paragraph (2) of subdivision (f).SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3106 of the Elections Code is amended to read: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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.(B) A summary of the methods of ballot submission used by other states for military and overseas voters.(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.
SECTION 1. Section 3106 of the Elections Code is amended to read:
### SECTION 1.
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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.(B) A summary of the methods of ballot submission used by other states for military and overseas voters.(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.
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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.(B) A summary of the methods of ballot submission used by other states for military and overseas voters.(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.
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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.(B) A summary of the methods of ballot submission used by other states for military and overseas voters.(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.
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 final date to make application for a vote by mail ballot, may return his or her ballot by facsimile transmission. To be counted, the ballot returned by facsimile transmission shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by facsimile transmission I have waived my right to have my ballotkept secret. Nevertheless, I understand that, as with any vote by mailvoter, my signature, whether on this oath of voter form or my identificationenvelope, will be permanently separated from my voted ballot to maintainits secrecy at the outset of the tabulation process and thereafter.My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.
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.
My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).
My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).
My email address is _________________. My facsimile transmissionnumber is _________________.
I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Signature)
(voter)(power of attorney cannot be accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.
OATH OF VOTER
I,, acknowledge that by returning my voted
My residence address (last U.S. residence for voter qualification purposes) is(Street Address) _____ _____ (City) _____ _____ (ZIP Code).
My current mailing address is(Street Address) _____ (City) _____ _____ (ZIP Code).
My email address is _________________. My facsimile transmissionnumber is _________________.
I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Signature)
(voter)(power of attorney cannot be accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THEABOVE OATH AND INCLUDE IT WITH YOUR BALLOT ANDIDENTIFICATION ENVELOPE, ALL OF WHICH ARE RETURNEDBY FACSIMILE TRANSMISSION.
(b) Notwithstanding the voters 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 voters eligibility to vote by comparing the signature on the return information with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her 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.
(e) (1) By January 1, 2019, the Secretary of State shall submit a report to the relevant fiscal and policy committees of the Senate and the Assembly describing the feasibility of allowing military and overseas voters to return their ballots by electronic means. The report shall include all of the following:
(A) A summary of reports and analyses regarding electronic submission of ballots conducted at the federal level.
(B) A summary of the methods of ballot submission used by other states for military and overseas voters.
(C) The resources, technologies, or other factors that must be available in order to ensure the secure transmission of electronically submitted ballots.
(D) A timeline for when the secure transmission of electronically submitted ballots could be achieved.
(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2022.
(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 final date to make application for a vote by mail ballot, may return his or her ballot by electronic means, including facsimile transmission. In addition to regulations adopted by the Secretary of State governing submission of ballots by electronic means, including facsimile transmission, ballots returned pursuant to this section are subject to the following requirements:
(1)If a military or overseas voter submits a copy of his or her ballot by electronic means other than facsimile transmission, the voter shall also send the hard copy of his or her voted ballot by postal mail to the voters elections official.
(2)To be counted, a ballot returned by electronic means, including facsimile transmission, shall be received by the voters 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 VOTERI,, acknowledge that by returning my votedballot by electronic means, including 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.My residence address (last U.S. residence for voter qualification purposes) is(Street Address)(City)(ZIP Code).My current mailing address is(Street Address)(City)(ZIP Code).My email address is _________________. My facsimile transmissionnumber is _________________.I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Dated this __________ day of ______, 20_____.(Signature) (voter)(power of attorney cannot be accepted)YOUR BALLOT CANNOT BE COUNTED UNLESS: (1) YOU SIGN THEABOVE OATH AND (2) YOU SEND THE SIGNED OATH, YOUR VOTED BALLOT, ANDIDENTIFICATION ENVELOPEBY ELECTRONIC MEANS, INCLUDING FACSIMILE TRANSMISSION, TO YOUR ELECTIONS OFFICIAL BY THE DEADLINE FOR VOTING BY NON-ELECTRONIC MEANS OR BY FACSIMILE TRANSMISSION. IF YOU SUBMIT YOUR BALLOT BY ELECTRONIC MEANS OTHER THAN FACSIMILE, YOU MUST ALSO SEND THE PHYSICAL COPY OF YOUR VOTED BALLOT BY POSTAL MAIL TO YOUR ELECTIONS OFFICIAL. THE PHYSICAL COPY NEED NOT BE RECEIVED BY THE ELECTIONS OFFICIAL BY THE VOTING DEADLINE; HOWEVER, YOUR BALLOT MAY BE INVALIDATED IF THE ELECTIONS OFFICIAL DOES NOT RECEIVE THE PHYSICAL COPY OF YOUR VOTED BALLOT WITHIN 30 DAYS OF THE ELECTION.
OATH OF VOTER
I,, acknowledge that by returning my voted
ballot by electronic means, including 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.
My residence address (last U.S. residence for voter qualification purposes) is(Street Address)(City)(ZIP Code).
My current mailing address is(Street Address)(City)(ZIP Code).
My email address is _________________. My facsimile transmissionnumber is _________________.
I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Signature)
(voter)(power of attorney cannot be accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS: (1) YOU SIGN THEABOVE OATH AND (2) YOU SEND THE SIGNED OATH, YOUR VOTED BALLOT, ANDIDENTIFICATION ENVELOPEBY ELECTRONIC MEANS, INCLUDING FACSIMILE TRANSMISSION, TO YOUR ELECTIONS OFFICIAL BY THE DEADLINE FOR VOTING BY NON-ELECTRONIC MEANS OR BY FACSIMILE TRANSMISSION. IF YOU SUBMIT YOUR BALLOT BY ELECTRONIC MEANS OTHER THAN FACSIMILE, YOU MUST ALSO SEND THE PHYSICAL COPY OF YOUR VOTED BALLOT BY POSTAL MAIL TO YOUR ELECTIONS OFFICIAL. THE PHYSICAL COPY NEED NOT BE RECEIVED BY THE ELECTIONS OFFICIAL BY THE VOTING DEADLINE; HOWEVER, YOUR BALLOT MAY BE INVALIDATED IF THE ELECTIONS OFFICIAL DOES NOT RECEIVE THE PHYSICAL COPY OF YOUR VOTED BALLOT WITHIN 30 DAYS OF THE ELECTION.
OATH OF VOTER
I,, acknowledge that by returning my voted
ballot by electronic means, including 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.
My residence address (last U.S. residence for voter qualification purposes) is(Street Address)(City)(ZIP Code).
My current mailing address is(Street Address)(City)(ZIP Code).
My email address is _________________. My facsimile transmissionnumber is _________________.
I am a resident of __________ County, State of California, or am qualified as an elector pursuant to paragraph (2) of subdivision (b) of Section 321 of the Elections Code and I have not applied, nor intend to apply, for a vote by mail ballot from any other jurisdiction for the same election.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this __________ day of ______, 20_____.
(Signature)
(voter)(power of attorney cannot be accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS: (1) YOU SIGN THEABOVE OATH AND (2) YOU SEND THE SIGNED OATH, YOUR VOTED BALLOT, ANDIDENTIFICATION ENVELOPEBY ELECTRONIC MEANS, INCLUDING FACSIMILE TRANSMISSION, TO YOUR ELECTIONS OFFICIAL BY THE DEADLINE FOR VOTING BY NON-ELECTRONIC MEANS OR BY FACSIMILE TRANSMISSION. IF YOU SUBMIT YOUR BALLOT BY ELECTRONIC MEANS OTHER THAN FACSIMILE, YOU MUST ALSO SEND THE PHYSICAL COPY OF YOUR VOTED BALLOT BY POSTAL MAIL TO YOUR ELECTIONS OFFICIAL. THE PHYSICAL COPY NEED NOT BE RECEIVED BY THE ELECTIONS OFFICIAL BY THE VOTING DEADLINE; HOWEVER, YOUR BALLOT MAY BE INVALIDATED IF THE ELECTIONS OFFICIAL DOES NOT RECEIVE THE PHYSICAL COPY OF YOUR VOTED BALLOT WITHIN 30 DAYS OF THE ELECTION.
(b)Notwithstanding the voters waiver of the right to a secret ballot, each elections official shall adopt appropriate procedures to protect the secrecy of ballots returned by electronic means, including facsimile transmission.
(c)Upon receipt of a ballot returned by electronic means, including facsimile transmission, the elections official shall determine the voters eligibility to vote by comparing the signature on the return information of the ballot returned by electronic means, including facsimile transmission with the signature on the voters 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 his or her ballot by facsimile transmission is, nonetheless, encouraged to return his or her ballot by mail or in person, if possible.
(e)A military or overseas voter should return a ballot by electronic means, including facsimile transmission, only if doing so is necessary for the ballot to be received before the close of polls on election day.
(f)The Secretary of State shall adopt and publish regulations governing the submission of ballots by electronic means, including facsimile transmission, to preserve the integrity of the voting and elections processes. The regulations shall protect against the unauthorized interception of ballot information, including the ability of elections officials to secure, use, audit, and verify ballots sent pursuant to subdivision (a).
(1)By November 1, 2018, the Secretary of State shall publish regulations governing the submission of ballots by facsimile transmission.
(2)The Secretary of State shall publish regulations governing the submission of ballots by electronic means other than facsimile transmission, including, but not limited to, transmission by email.
(g)Elections officials shall not implement the submission of ballots by electronic means other than by facsimile transmission until the Secretary of State publishes the regulations required under paragraph (2) of subdivision (f).
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.