Section 3009 Of Chapter 1. Vote By Mail Application And Voting Procedures From California Elections Code >> Division 3. >> Chapter 1.
3009
. (a) Upon receipt of any vote by mail ballot application
signed by the voter that arrives within the proper time, the
elections official should determine if the signature and residence
address on the ballot application appear to be the same as that on
the original affidavit of registration. The elections official may
make this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot is
canvassed.
(b) If the elections official deems the applicant entitled to a
vote by mail voter's ballot he or she shall deliver by mail or in
person the appropriate ballot. The ballot may be delivered to the
applicant, his or her spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in the same household as the vote
by mail voter, except that in no case shall the ballot be delivered
to an individual under 16 years of age. The elections official shall
deliver the vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail voter only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant and his or her relationship to the
applicant, and affirms that he or she is 16 years of age or older,
and is authorized by the applicant to deliver the vote by mail
ballot.
(c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official shall, within one working day of receiving the application,
mail the voter a vote by mail voter's ballot together with a notice.
The notice shall inform the voter that the voter's vote by mail voter'
s ballot shall not be counted unless the applicant provides the
elections official with the missing information or corrects the
defects prior to, or at the time of, receipt of the voter's executed
vote by mail voter's ballot. The notice shall specifically inform the
voter of the information that is required or the reason for the
defects in the application, and shall state the procedure necessary
to remedy the defective application.
If the voter substantially complies with the requirements
contained in the elections official's notice, the voter's ballot
shall be counted.
In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections
official or registrar of voters may use the duplicate file of
affidavits of registered voters or the facsimiles of voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.