BILL NUMBER: AB 1805	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman
   (Coauthors: Assembly Members Ammiano and Fletcher)

                        FEBRUARY 21, 2012

   An act to amend Sections 300 and 321 of, to amend the heading of
Chapter 2 (commencing with Section 3100) of Division 3 of, to add
Sections 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, and
3123 to, to repeal Section 3104 of, to repeal Chapter 4 (commencing
with Section 3300) of Division 3 of, to amend and renumber Sections
3100, 3102, 3103, 3103.5, 3106, 3107, 3108, 3109, 3110, 3111, and
3112 of, and to amend, renumber, and add Section 3101 of, the
Elections Code, relating to military or overseas voters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1805, as introduced, Huffman. Military or overseas voters.
   Existing law regulates the voting procedures for special absentee
voters, defined as members of the Armed Forces, citizens of the
United States temporarily living outside of the territorial limits of
the United States or District of Columbia, persons serving on a
merchant vessel, and a spouse or dependent of a member of the Armed
Forces. Existing law also regulates the voting procedures in federal
elections with respect to a citizen of the United States residing
outside of the territorial limits of the United States who was
domiciled in California immediately prior to leaving the territorial
limits of the United States.
   This bill would revise and recast those provisions, replacing the
term "special absentee voter" with the term "military or overseas
voter." Under the bill, the term "military or overseas voter" would
include a citizen of the United States outside of the territorial
limits of the United States, whether temporarily or permanently, and
would apply to a citizen of the United States born outside of the
territorial limits of the United States whose parent or legal
guardian was a resident of California when last living within the
territorial limits of the United States, provided that the voter has
never been registered to vote in another state. This bill would apply
the voting procedures for citizens of the United States living
outside of the territorial limits of the United States in federal
elections to military or overseas voters in all elections, including
state and local elections. This bill would also state that it is the
intent of the Legislature in enacting this bill to implement the
policies of the Uniform Military and Overseas Voters Act, as adopted
by the National Conference of Commissioners on Uniform State Laws.
   This bill would provide new procedures for military or overseas
voters to register to vote, to apply for voting ballots, and to vote.
Specifically, this bill would, among other things, require unvoted
voting materials to be electronically transmitted to a military or
overseas voter, would expand the use of the federal post card
application and federal write-in absentee ballot in the state, and
would require ballots to be submitted for mailing by the date
necessary for the ballot to be received by the elections official by
the close of polls on election day.
   Because this bill would impose additional duties on local
elections officials, it would impose a state-mandated local program.
   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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 300 of the Elections Code is amended to read:
   300.  (a) "Vote by mail voter" means any voter casting a ballot in
any way other than at the polling place.
   (b)  "Special absentee   "Military or
overseas  voter" means an elector who is any of the following:
   (1) A member of the  Armed Forces of the United States or
any auxiliary branch thereof   active or reserve
components   of the United States Army, Navy, Air Force,
Marine Corps, or Coast Guard; a Merchant Marine; a member of the
United States Public Health Service Commissioned Corps; a member of
the National Oceanic and Atmospheric Administration Commissioned
Corps of the United States; or a member on activated status of the
National Guard or state militia  .
   (2) A citizen of the United States  temporarily living
 outside of the territorial limits of the United States or
the District of Columbia. 
   (3) Serving on a merchant vessel documented under the laws of the
United States.  
   (4) 
    (3)  A spouse or dependent of a  member of the
Armed Forces or any auxiliary branch thereof   person
described in paragraph (1)  .
  SEC. 2.  Section 321 of the Elections Code is amended to read:
   321.   (a)    "Elector" means any person who is
a United States citizen 18 years of age or older and  , except as
specified in subdivision (b), is  a resident of an election
precinct at least 15 days prior to an election. 
   (b) "Elector" also means any person described in paragraph (2) of
subdivision (b) of Section 300, who, except for the residence
requirement specified in subdivision (a), is eligible to vote in this
state and meets any of the following conditions:  
   (1) He or she was a resident of this state when he or she was last
living within the territorial limits of the United States or the
District of Columbia.  
   (2) Had he or she been of voting age when he or she was last
living within the territorial limits of the United States or the
District of Columbia, he or she would have been a resident of this
state.  
   (3) He or she was born outside of the United States or the
District of Columbia, his or her parent or legal guardian was a
resident of this state when the parent or legal guardian was last
living within the territorial limits of the United States or the
District of Columbia, and he or she has not previously registered to
vote in any other state. 
  SEC. 3.  The heading of Chapter 2 (commencing with Section 3100) of
Division 3 of the Elections Code is amended to read:
      CHAPTER 2.   SPECIAL ABSENTEE   MILITARY
AND OVERSEAS VOTERS APPLICATION AND VOTING PROCEDURES


  SEC. 4.  Section 3100 of the Elections Code is amended and
renumbered to read:
    3100.   3102.    When a
  (a)     Any  voter who
qualifies as a  special absentee   military or
overseas  voter pursuant to subdivision (b) of Section 300
 applies   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 office, statewide or state legislative office, and state
ballot measure. 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, a
local election for a local government office or local 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 (3) 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  must  
shall  be completed by the voter and  must 
 shall  contain the voter's name  , residence
address for voting purposes,   ; 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 (3) 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  for a
primary election,   preference or a statement that the
voter declines to state 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).  
   If 
    (d)     If  the applicant is not a
resident of the county to which he or she has applied, the elections
official receiving  the   an  application
 from a military or overseas voter  shall forward it
immediately to the  proper  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
(3) 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. 
  SEC. 5.  Section 3101 of the Elections Code is amended and
renumbered to read:
    3101.   3103.   Upon timely receipt of
 the   an  application  for a vote
by mail ballot   received pursuant to Section 3102 
, the elections official shall examine the application to ascertain
that it is properly executed in accordance with this code. If the
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.
  SEC. 6.  Section 3101 is added to the Elections Code, to read:
   3101.  (a) The Secretary of State shall ensure compliance with
this chapter.
   (b) The Secretary of State shall make available to any person who
qualifies as a military or overseas voter information regarding voter
registration procedures for military or overseas voters and
procedures for casting ballots by military or overseas voters.
   (c) The elections official for each district shall ensure that his
or her jurisdiction has available a system that would allow a
military or overseas voter to electronically request and receive a
vote by mail application, an unvoted ballot, and other information
pursuant to this chapter.
   (d) The Secretary of State shall develop standardized military or
overseas voter voting materials as required by this chapter.
   (e) The Secretary of State shall prescribe the form and content of
a declaration for use by a military or overseas voter to swear or
affirm specific representations pertaining to the voter's identity,
eligibility to vote, and status as a military or overseas voter, and
shall further prescribe requirements for the timely and proper
completion of a military or overseas voter's ballot. The declaration
shall be based on the declaration prescribed to accompany a federal
write-in absentee ballot, as modified to be consistent with this
chapter. The elections official for each jurisdiction shall ensure
that a form for the execution of the declaration, including an
indication of the date of execution of the declaration, is a
prominent part of all balloting materials for which the declaration
is required.
  SEC. 7.  Section 3102 of the Elections Code is amended and
renumbered to read:
    3102.   3104.   Applications for the
ballots of  special absentee   military or
overseas  voters shall be received and, except as provided in
Section  3103.5   3106 , the ballots shall
be received and canvassed, at the same time and under the same
procedure as vote by mail ballots, insofar as that procedure is not
inconsistent with this chapter.
  SEC. 8.  Section 3103 of the Elections Code is amended and
renumbered to read:
    3103.   3105.   (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)  (1)    The elections official shall
immediately send the  military or overseas  voter a ballot
in a form prescribed and provided by the Secretary of State 
pursuant to Section 3101  . 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 a list of all measures
that are to be submitted to the voters and on which the voter is
qualified to vote. The voter shall be entitled to write in the name
of any specific candidate seeking nomination or election to any
office listed on the ballot. 
   (2) The military or overseas voter may, in the alternative to the
ballot described in paragraph (1), use a federal write-in absentee
ballot to vote in any election in which the military or overseas
voter is qualified to vote. 
   (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 has been 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) Except as provided in Section  3103.5 
3106  , the elections official shall receive and canvass
 special absentee   military or overseas 
voter ballots described in this section under the same procedure as
vote by mail ballots, insofar as that procedure is not inconsistent
with this section.
   (e) In the event that a  military or overseas  voter
executes a  special absentee  ballot pursuant to
this section and an application for a vote by mail ballot pursuant to
Section  3101   3102  , the elections
official shall cancel the voter's permanent vote by mail status, and
process the application in accordance with  Chapter 1
(commencing with Section 3000)  this chapter  .
   (f) Notwithstanding any other provision of law, a  special
absentee   military or overseas  voter who
qualifies pursuant to this  section   chapter
 may, by facsimile transmission, register to vote and apply for
a  special absentee  ballot  pursuant to this
section  or a vote by mail ballot. Upon request, the elections
official  may   shall  send to the
qualified  special absentee   military or
overseas  voter either by mail, facsimile, or electronic
transmission  the special absentee   a 
ballot  pursuant to this section  or, if available, a vote
by mail ballot pursuant to Chapter 1 (commencing with Section 3000).
 The elections official shall send the vote by mail ballot to the
qualified military or overseas voter using the means of transmission
requested by the military or overseas voter. 
  SEC. 9.  Section 3103.5 of the Elections Code is amended and
renumbered to read:
    3103.5.   3106.   (a) A 
special absentee   military or overseas  voter who
is  temporarily  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  must   shall
 be received by the voter's elections official no later than
the closing of the polls on election day and  must 
 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 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 is________
                         (Street
____________________________.
Address)                      (City)  (ZIP Code)
My current mailing address is________
                               (Street
___________________________.
Address)                      (City)  (ZIP Code)
My e-mail address is _________________. My
facsimile
transmission
number is _________________.
I am a resident of __________ County, State of
California, and I have not applied, nor intend 
 to apply, for a vote by 
 California, or am qualified 
 as an elector pursuant to paragraph (3) 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
THE
ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT
AND
IDENTIFICATION ENVELOPE, ALL OF WHICH ARE
RETURNED
BY FACSIMILE TRANSMISSION.


   (b) Notwithstanding the voter's 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 voter's eligibility to
vote by comparing the signature on the return information with the
signature on the voter's affidavit of registration. The ballot shall
be duplicated and all materials preserved according to procedures set
forth in this code.
   (d) Notwithstanding subdivision (a), a  special absentee
  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  special absentee   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.
  SEC. 10.  Section 3104 of the Elections Code is repealed. 
   3104.  Any vote by mail ballot application by a qualified special
absentee voter shall also be deemed an affidavit of voter
registration and an application for permanent vote by mail status.

  SEC. 11.  Section 3106 of the Elections Code is amended and
renumbered to read:
    3106.   3107.   When the application is
received by an elections official, other than a county elections
official, the elections official receiving it shall, after the
election, transmit it to the county elections official who, if the
application is not subject to rejection, shall file the original. If
an application is rejected, it shall be returned to the applicant
with the reason for rejection endorsed on it, together with a new
blank application.
  SEC. 12.  Section 3107 of the Elections Code is amended and
renumbered to read:
    3107.   3108.   If  any special
absentee   a   military or overseas 
voter  who is qualified pursuant to paragraph (1) of subdivision
(b) of Section 300  is released from service after the closing
date of registration for an election and has returned to the county
of his or her residence and is not a registered voter, he or she may
apply in person to the elections official for permission to register.
If the elector furnishes documentary proof of release from service
after the closing date of registration for the election, the
elections official shall allow him or her to be registered and to
vote in the election. On or before the day of election the elections
official shall deliver to the precinct board a list of 
special absentee   military or overseas  voters
registered under this section.
  SEC. 13.  Section 3108 of the Elections Code is amended and
renumbered to read:
    3108.   3109.   If any  special
absentee   military or overseas  voter to whom a
vote by mail ballot has been mailed and which ballot has not been
voted by him or her returns to the county in which he or she is
registered  , or for a military or overseas voter qualified
pursuant to paragraph (3) of subdivision (b) of Section 321, to the
county in which the applicant's   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
 on or before election day, he or she may apply for a second
vote by mail ballot pursuant to Section 3014. The elections official
shall require him or her to sign an authorization to cancel the vote
by mail ballot previously issued when it is returned to the county
elections official. The elections official shall then issue another
vote by mail ballot to the voter, or the elections official shall
certify to the precinct board that the voter is eligible to vote in
the precinct polling place of his or her residence.
  SEC. 14.  Section 3109 of the Elections Code is amended and
renumbered to read:
    3109.   3110.   If any  special
absentee   military or overseas  voter returns to
the county of his or her residence  , or for a military or
overseas voter qualified pursuant to paragraph (3) of subdivision (b)
of Section 321, to the county in which the applicant's parent or
legal guardian resided when the parent or legal guardian last lived
within the territorial limits   of the United States or the
Distric  t of Columbia,  after the final day for making
application for a vote by mail ballot, he or she may appear before
the elections official and make application for registration, vote by
mail ballot, or both. The elections official shall register the
voter, if he or she is not registered, and deliver to him or her a
vote by mail ballot which may be voted in the elections official's
office or voted outside the elections official's office on or before
the close of the polls on the day of election and returned as are
other vote by mail ballots.
  SEC. 15.  Section 3110 of the Elections Code is amended and
renumbered to read:
    3110.   3111.   If a  special
absentee   military or overseas  voter is unable to
appear at his or her polling place because of being recalled to
service after the final day for making application for a vote by mail
ballot, but before 5 p.m. on the day before the day of election, he
or she may appear before the elections official in the county in
which the  special absentee   military or
overseas  voter is registered or, if within the state, in the
county in which he or she is recalled to service and make application
for a vote by mail ballot, which may be submitted by facsimile, or
by e-mail or online transmission if the elections official makes the
transmission option available. The elections official shall deliver
to him or her a vote by mail ballot which may be voted in the
elections official's office or voted outside the elections official's
office on or before the close of the polls on the day of election
and returned as are other vote by mail ballots. To be counted, the
ballot  must   shall  be returned to the
elections official's office in person, by facsimile transmission, or
by an authorized person on or before the close of the polls on the
day of the election. If the  special absentee  
military or overseas  voter appears in the county in which he or
she is recalled to service, rather than the county to which he or
she is registered, the elections official shall coordinate with the
elections official in the county in which the  special
absentee   military or overseas  voter is
registered to provide the  absentee  ballot that
contains the appropriate measures and races for the precinct in which
the  special absentee   military or overseas
 voter is registered.
  SEC. 16.  Section 3111 of the Elections Code is amended and
renumbered to read:
    3111.   3112.   Whenever by any statute
of the United States, provision is made for vote by mail, an
application for a vote by mail ballot made under that law may be
given the same effect as an application for a vote by mail ballot
made under this code.
   If, by any federal statute, provision is made for the transmission
of applications for vote by mail status to the Secretary of State,
he or she shall transmit the applications to the county elections
official of the county in which the applicant claims residence  ,
  or for a military or overseas voter qualified pursuant to
paragraph (3) of subdivision (b) of Section 321, to the county in
which the applicant's 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  .
  SEC. 17.  Section 3112 of the Elections Code is amended and
renumbered to read:
    3112.   3113.   If by any act of
Congress which is now or may become effective during the effective
period of this section, provision is made for voting by 
special absent voter  military or overseas voters 
, that act shall control and be superior to any conflicting
provisions of this code, and all state, county, municipal  ,
 and district officers who are charged with the performance of
duties with reference to the election laws of this state shall
perform the duties and discharge the obligations placed upon them by
that act of Congress. It is the purpose and intent of this section
that full effect shall be given to ballots cast by  special
absentee   military or overseas  voters under
federal statutes in order that no person shall be deprived of his or
her vote by virtue of having cast his or her ballot under any federal
statute rather than under the laws of this state.
  SEC. 18.  Section 3114 is added to the Elections Code, to read:
   3114.  (a) For an election for which this state has not received a
waiver pursuant to the Military and Overseas Voter Empowerment Act
(42 U.S.C. Sec. 1973ff et seq.), not later than 60 days before the
election or, if the 60th day before the election is a weekend or
holiday, not later than the business day preceding the 60th day, the
elections official shall transmit a ballot and balloting materials to
each military or overseas voter who by that date submits a valid
application pursuant to Section 3102.
   (b) If a ballot application from a military or overseas voter
arrives after the 60th day before the election, the elections
official charged with distributing a ballot and balloting materials
to that voter shall transmit them to the voter not later than two
business days after the application arrives.
  SEC. 19.  Section 3115 is added to the Elections Code, to read:
   3115.  Notwithstanding Section 3020, a ballot cast by a military
or overseas voter shall be submitted by the voter for mailing by the
date necessary for the ballot to be received by the elections
official from whom it was obtained or by the precinct board no later
than the close of the polls on election day.
  SEC. 20.  Section 3116 is added to the Elections Code, to read:
   3116.  A military or overseas voter may use a federal write-in
absentee ballot to vote for all offices and ballot measures described
in subdivision (a) of Section 3102.
  SEC. 21.  Section 3117 is added to the Elections Code, to read:
   3117.  A valid ballot cast and submitted for mailing pursuant to
Section 3115 shall be counted if it is received by the close of
business on the day of the election.
  SEC. 22.  Section 3118 is added to the Elections Code, to read:
   3118.  The elections official shall include with the ballot a
declaration to be signed by the military or overseas voter that a
material misstatement of fact in completing the ballot may be grounds
for a conviction of perjury under the laws of this state or the
United States.
  SEC. 23.  Section 3119 is added to the Elections Code, to read:
   3119.  Elections officials shall implement an electronic free
access system by which a military or overseas voter may determine by
telephone, electronic mail, or Internet whether the military or
overseas voter's ballot has been received.
  SEC. 24.  Section 3120 is added to the Elections Code, to read:
   3120.  The elections official shall request an electronic mail
address from each military or overseas voter who registers to vote
after the effective date of this section. A military or overseas
voter                                                    who provides
an electronic mail address may request that his or her application
for a ballot be considered a standing request for electronic delivery
of a ballot for all elections held through December 31 of the year
following the calendar year of the date of the application or another
shorter period the voter specifies. An elections official shall
provide a ballot to a military or overseas voter who makes a standing
request for each election to which the request is applicable. A
military or overseas voter who is entitled to receive a ballot for a
primary election is entitled to receive a military or overseas ballot
for the general election.
  SEC. 25.  Section 3121 is added to the Elections Code, to read:
   3121.  (a) At least 100 days before a regularly scheduled election
and as soon as practicable before a special election, each elections
official shall publish on his or her Internet Web site a list of all
of the ballot measures and federal, state, and local offices that,
as of that date, the elections official expects to be on the ballot
on the date of the election. The list shall also contain specific
instructions for how a voter is to indicate on a federal write-in
absentee ballot the voter's choice for each office to be filled and
for each ballot measure to be contested.
   (b) A military or overseas voter may request a copy of the list
described in subdivision (a). The elections official shall send the
list to the voter by facsimile, electronic mail, or regular mail, as
the voter requests.
   (c) As soon as practical, but no later than the date a ballot is
required to be transmitted to the voters, the elections official
shall update on his or her Internet Web site the list described in
subdivision (a) with the certified candidates for each office and
certified ballot measures and make the updated list publicly
available.
  SEC. 26.  Section 3122 is added to the Elections Code, to read:
   3122.  (a) If a military or overseas voter's mistake or omission
in the completion of a document under this chapter does not prevent
determining whether a military or overseas voter is eligible to vote,
the mistake or omission does not invalidate the document. Failure to
satisfy a nonsubstantive requirement, such as using paper or
envelopes of a specified size or weight, does not invalidate a
document submitted under this chapter. In a write-in ballot
authorized by this chapter, if the intention of the voter is
discernible under this state's uniform definition of what constitutes
a vote, an abbreviation, misspelling, or other minor variation in
the form of the name of a candidate or a political party shall be
accepted as a valid vote.
   (b) Notarization is not required for the execution of a document
under this chapter. An authentication, other than the declaration
specified in Section 3106, 3117, or 3118 or the declaration on the
federal postcard application and federal write-in absentee ballot, is
not required for execution of a document under this chapter. The
declaration and any information in the declaration may be compared
with information on file to ascertain the validity of the document.
  SEC. 27.  Section 3123 is added to the Elections Code, to read:
   3123.  A court may issue an injunction or grant other equitable
relief appropriate to ensure substantial compliance with, or enforce,
this chapter on application by either of the following:
   (a) A military or overseas voter.
   (b) An elections official in this state.
  SEC. 28.  Chapter 4 (commencing with Section 3300) of Division 3 of
the Elections Code is repealed.
  SEC. 29.  It is the intent and purpose of the Legislature that this
act comply with the federal mandate of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. Sec. 1973ff et seq.) and
implement the policies of that act and the Uniform Military and
Overseas Voter Act (UMOVA) adopted by the National Conference of
Commissioners on Uniform State Laws.
  SEC. 30.  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.