CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Committee on Elections and Constitutional Amendments (Senators Wiener (Chair), Allen, Cervantes, Choi, and Umberg)

March 5, 2026

An act to amend Sections 3105, 3112, 3114, 3120, and 8062 of, and to repeal Sections 3104 and 8067 of, the Elections Code, relating to elections.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law requires an elections official to mail a ballot and ballot identification envelope to each active registered voter, including military and overseas voters, at specified times before an election. Existing law does not require a registered voter to request a vote by mail ballot to receive the ballot in this manner.

This bill would make conforming changes to require an elections official to send the ballot and related materials to each active registered military and overseas voter regardless of whether they apply for a vote by mail ballot.

(2) Existing law requires candidates for certain federal, state, and local offices to submit nomination papers to the county elections official with a specified number of signatures to appear on the ballot for the primary election. Under existing law, the number of signatures submitted must fall within a specified range, depending upon the office sought by the candidate or the number of voters in the state, county, or district where the election is to be held. If more than the maximum number of signatures is submitted, existing law permits the elections official to withdraw the excess number, as specified.

This bill would instead require the candidate to submit only a minimum number of signatures, as specified. The bill would repeal the provision permitting the elections official to withdraw an excess number of signatures. The bill would also permit the candidate to continuously submit signatures until the county elections official verifies that the requisite number of signatures has been submitted.

By establishing new procedures for local elections officials, this bill would create 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 the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

Section 3104 of the Elections Code is repealed.

SEC. 2.

Section 3105 of the Elections Code is amended to read:

3105.

(a) Any application made pursuant to this chapter that is received by the elections official before 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 send the ballot not earlier than 60 days but not later than 45 days before the election and shall include with the ballot a list of all candidates who have qualified for the ballot 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 provided pursuant to 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 their 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 3106, the elections official shall receive and canvass 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) If a military or overseas voter executes a ballot pursuant to this section, the elections official shall process the ballot in accordance with this chapter.

(f) Notwithstanding any other provision of law, a military or overseas voter who qualifies pursuant to this chapter may, by facsimile transmission, register to vote pursuant to this section. After they are registered, the elections official shall send the ballot to the qualified military or overseas voter either by mail, facsimile, or electronic transmission, as requested by the voter.

SEC. 3.

Section 3112 of the Elections Code is amended to read:

3112.

(a) If any federal statute provides 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 registration made under this code.

(b) If any federal statute provides for the transmission of applications for vote by mail status to the Secretary of State, they 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 (2) 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. 4.

Section 3114 of the Elections Code is amended to read:

3114.

(a) For an election for which this state has not received a waiver pursuant to the federal Military and Overseas Voter Empowerment Act (52 U.S.C. Sec. 20301 et seq.), not sooner than 60 days but not later than 45 days before the election, the elections official shall transmit a ballot and balloting materials to each military or overseas voter who, by that date, submits an application to register to vote pursuant to Section 3102.

(b) If a valid application from a military or overseas voter arrives after the 45th day before the election, the elections official charged with distributing a ballot and balloting materials to that voter shall transmit them to the voter as soon as practicable after the application arrives.

SEC. 5.

Section 3120 of the Elections Code is amended to read:

3120.

The elections official shall request an electronic mail address from each military or overseas voter who registers to vote. A military or overseas voter who provides an electronic mail address may request that their application to register to vote be considered a standing request for electronic delivery of a ballot for all elections conducted in the jurisdiction in which they are eligible to vote. An elections official shall provide for electronic delivery of a ballot to a military or overseas voter who makes a standing request for all elections conducted in the jurisdiction in which they are eligible to vote.

SEC. 6.

Section 8062 of the Elections Code is amended to read:

8062.

(a) The number of registered voters required to sign a nomination paper for the respective offices are as follows:

(1) State office or United States Senate, at least 65.

(2) House of Representatives in Congress, State Senate or Assembly, State Board of Equalization, or any office voted for in more than one county, and not statewide, at least 40.

(3) Candidacy in a single county or any political subdivision of a county, other than State Senate or Assembly, at least 20.

(4) With respect to a candidate for a political party committee, if any political party has fewer than 50 voters in the state or in the county or district in which the election is to be held, one-tenth the number of voters of the party.

(5) If there are fewer than 150 voters in the county or district in which the election is to be held, at least 10.

(b) A candidate may continuously submit signatures, and the county elections official shall continue to verify the signatures, until the requisite number of signatures has been verified.

(c) (1) The provisions of this section are mandatory, not directory, and a nomination paper that does not comply with this section shall not be deemed sufficient.

(2) This subdivision shall not be construed to prohibit a court from validating a signature that was previously rejected upon showing of proof that the voter whose signature is in question is otherwise qualified to sign the nomination paper.

SEC. 7.

Section 8067 of the Elections Code is repealed.

SEC. 8.

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.