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HomeElections CodeDiv. 3Ch. 2§ 3122 Military Voter Ballot Errors

§ 3122 Military Voter Ballot Errors

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

§ 3122 Military Voter Ballot Errors

Key Takeaways

  • •If a military or overseas voter makes a small mistake on their voting papers, like spelling a name wrong, it’s still counted if it’s clear who they meant to vote for.
  • •You don’t need extra proof (like a signature) on your voting papers if you’re in the military or overseas, just the normal forms.
  • •The voting officials can check your forms against their records to make sure everything is okay.

Example

A soldier votes from overseas and writes 'Jo Biden' instead of 'Joe Biden' on their ballot.

The ballot will still count because it’s clear who the soldier meant to vote for, even though the name is misspelled.

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

Official Source
View on CA.gov

§ 3122 Military Voter Ballot Errors

(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. 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 and the ballot is eligible to be counted pursuant to Sections 3019 and 3106, 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) An authentication, other than the declaration specified in Section 3106 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. (Amended by Stats. 2013, Ch. 560, Sec. 4. (AB 1417) Effective January 1, 2014.)

Last verified: January 23, 2026

Key Terms

military or overseas votermistake or omissionwrite-in ballotdiscernible voter intentauthenticationdeclaration

Related Statutes

  • § 3118 Military Voter Perjury Declaration
  • § 10241 Election Officer Oath Requirement
  • § 104 Petition Circulator Declaration Requirements
  • § 3101 Military Voter Ballot Access
  • § 3102 Military Overseas Voter Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 3122.
View Official Source