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HomeElections CodeDiv. 3Ch. 2§ 3109 Military Voter Ballot Replacement

§ 3109 Military Voter Ballot Replacement

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3109 Military Voter Ballot Replacement

Key Takeaways

  • •If you're in the military or live overseas and got a mail-in ballot but didn't use it, you can still vote in person if you come back to your county before Election Day.
  • •You can ask for a new ballot at your local election office if you didn’t vote with the one mailed to you.
  • •If you don’t want a new mail-in ballot, the election office can let you vote normally at your polling place.

Example

A soldier is stationed overseas and gets a mail-in ballot but doesn’t send it back. Then, they come home a week before Election Day.

The soldier can go to their local election office and ask for a new ballot to vote in person. They won’t get in trouble for not using the first one.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3109 Military Voter Ballot Replacement

If any military or overseas voter to whom a vote by mail ballot has been mailed and which ballot has not been voted by them returns to the county in which they are registered, 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 on or before election day, they may apply for a replacement ballot pursuant to Section 3014. 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 election. (Amended by Stats. 2023, Ch. 650, Sec. 2. (AB 398) Effective January 1, 2024.)

Last verified: January 23, 2026

Key Terms

military or overseas votervote by mail ballotreplacement ballotelections official

Related Statutes

  • § 3110 Military Voter Late Registration
  • § 3118 Military Voter Perjury Declaration
  • § 4103 Mail Ballot Deadline Rules
  • § 10240 Election Ballot Preparation
  • § 10262 Election Canvass Certification Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 3109.
View Official Source