Section 3102 Of Chapter 2. Military And Overseas Voters Application And Voting Procedures From California Elections Code >> Division 3. >> Chapter 2.
3102
. (a) Any voter who qualifies as a military or overseas voter
pursuant to subdivision (b) of Section 300 shall have the right to
register for, and to vote by a vote by mail ballot in, any election
within the state, including any general, special, or primary election
for any federal or statewide office or state ballot measure that is
voted on statewide. Any voter who qualifies as a military or overseas
voter pursuant to subdivision (b) of Section 300 shall also have the
right to register for, and to vote by a vote by mail ballot in, any
other election for any office or ballot measure held in the precinct
in which he or she was a resident when he or she was last living
within the territorial limits of the United States or the District of
Columbia, or, for a military or overseas voter qualified pursuant to
paragraph (2) of subdivision (b) of Section 321, in any precinct of
the state in which his or her parent or legal guardian resided when
the parent or legal guardian last lived within the territorial limits
of the United States or the District of Columbia.
(b) When a military or overseas voter applies for a vote by mail
ballot, the application shall be deemed to be an affidavit of
registration and an application for permanent vote by mail status,
pursuant to Chapter 3 (commencing with Section 3200). The application
shall be completed by the voter and shall contain the voter's name;
the voter's date of birth; the address of the voter's residence in
the state when the voter was last living within the territorial
limits of the United States or the District of Columbia or, if
qualified as a military or overseas voter pursuant to paragraph (2)
of subdivision (b) of Section 321, the address of the voter's parent
or legal guardian when the parent or legal guardian was last living
within the territorial limits of the United States or the District of
Columbia; the address to which the ballot is to be sent; the voter's
political party preference or a statement that the voter declines to
disclose a political party preference; and the voter's signature.
(c) If an elections official receives a completed federal postcard
application from a person qualified as a military or overseas voter,
the application shall be deemed to be an affidavit of registration,
an application for a vote by mail ballot, and an application for
permanent vote by mail status, pursuant to Chapter 3 (commencing with
Section 3200).
(d) If the applicant is not a resident of the county to which he
or she has applied, the elections official receiving an application
from a military or overseas voter shall forward it immediately to the
county in which the applicant resided when he or she was last living
within the territorial limits of the United States or the District
of Columbia or, for a military or overseas voter qualified pursuant
to paragraph (2) of subdivision (b) of Section 321, to the county in
which his or her parent or legal guardian resided when the parent or
legal guardian last lived within the territorial limits of the United
States or the District of Columbia.
(e) An application made pursuant to this section shall be received
by the elections official having jurisdiction over the election no
later than seven days prior to the date of the election if the
application is made solely as an application for a vote by mail
ballot. An application made pursuant to this section and deemed to be
an affidavit of registration shall be effective only if it is
postmarked on or before the 15th day prior to the election.