Existing law authorizes an individual who registers to vote at least 15 days before an election day, to vote in that election by a regular ballot. Existing law permits an individual who is eligible to register to vote to complete a registration application during the 14 days immediately preceding an election or on the day of the election, and to vote by conditional ballot or regular ballot, as specified. Existing law provides that otherwise qualified military and overseas voters and voters with disabilities may complete a conditional voter registration and cast a provisional ballot or nonprovisional ballot under those provisions. Existing law also permits a military or overseas voter to register after the closing date of registration if the voter is released from service after the closing date, returns to the voters county of residence, and is not a registered voter in that county, or if the voter is required to move under official active duty military orders after the closing date.

This bill would repeal the latter provision as obsolete due to the inclusion of military and overseas voters in the general conditional voter registration process.

Existing law authorizes an individual who registers to vote at least 15 days before an election day, to vote in that election by a regular ballot. Existing law permits an individual who is eligible to register to vote to complete a registration application during the 14 days immediately preceding an election or on the day of the election, and to vote by conditional ballot or regular ballot, as specified. Existing law provides that otherwise qualified military and overseas voters and voters with disabilities may complete a conditional voter registration and cast a provisional ballot or nonprovisional ballot under those provisions. Existing law also permits a military or overseas voter to register after the closing date of registration if the voter is released from service after the closing date, returns to the voters county of residence, and is not a registered voter in that county, or if the voter is required to move under official active duty military orders after the closing date.

This bill would repeal the latter provision as obsolete due to the inclusion of military and overseas voters in the general conditional voter registration process.

Existing law governs the conduct of state and local elections.

This bill would state the intent of the Legislature to enact legislation relating to voting.

Date of Hearing: July 15, 2025

ASSEMBLY COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Pilar Schiavo, Chair

SBPCA Bill Id:SB 621

Author:(Grove) – As Amended Ver:March 24, 2025

SENATE VOTE: 38-0

SUBJECT: Voter registration: military and overseas voters.

SUMMARY: Allows the vote by mail (VBM) ballot of a military or overseas voter to arrive up to three days after the election and still be counted, provided that the ballot is postmarked by the United States Postal Service or the Military Postal Service Agency on or before election day.

EXISTING LAW:

1. Defines conditional voter registration (CVR) to mean a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified. (Elections Code (EC) §2170(a))
2. Provides that a CVR is deemed effective if the county elections official is able to determine before or during the canvass period of the election that the registrant is eligible to register to vote and that the information provided by the registrant on the affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. Requires the registrant, if the information provided by them on the affidavit of registration cannot be verified, but the registrant is otherwise eligible to vote, to be issued a unique identification number, as specified, and requires the CVR to be deemed effective. (EC §2170)
3. Requires an elections official to provide CVR at all permanent and satellite offices of the county elections official and all polling places in the county. (EC §2170(d)(1))
   
4. Defines a “military or overseas voter” to mean an elector absent from the county in which they are otherwise eligible to vote who is any of the following:
   1. A member of the active or reserve components of the United States (US) Army, Navy, Air Force, Marine Corps, or Coast Guard; a Merchant Marine; a member of the US Public Health Service Commissioned Corps; a member of the National Oceanic and Atmospheric Administration Commissioned Corps of the US; or a member on activated status of the National Guard or state militia;
   2. A citizen of the US living outside of the territorial limits of the US or the District of Columbia; or,
   3. A spouse or dependent of a person described in a) above. (EC §300(b))
      
5. Permits a qualified military or overseas voter to apply in person to the voter’s elections official for permission to register after the closing date of registration under the following conditions:
   1. The voter is released from service after the closing date of registration for the election, returns to the county of the voter’s residence, and is not a registered voter. Requires the elector to furnish documentary proof that they were released from service after the closing date of registration for the election to register; or,
   2. The military or overseas voter is required to move under official active duty military orders after the closing date of registration. Requires the elector to furnish a copy of their official military orders to register. (EC §3108)
6. Requires an elections official, on or before the day of the election, or the first day a vote center opens, to deliver to the precinct board a list of military or overseas voters who registered in person under the provisions in 5) above. (EC §3108)
7. Defines a “remote accessible vote by mail (RAVBM) system” to mean a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic VBM ballot for a voter who prints the paper cast vote record to be submitted to the elections official. Prohibits a RAVBM system from being connected to a voting system at any time. (EC §303.3)
   
8. Requires a county elections official to permit any voter to cast a ballot using a certified RAVBM system, regardless of whether the voter is a voter with disabilities or a military or overseas voter. (EC §3016.7)

FISCAL EFFECT: None.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, current law imposes requirements representing an unnecessary burden on military and overseas voters. Eliminating these requirements supports our courageous military members and Americans abroad by easing their participation in our democracy.
2. BACKGROUND.
   1. Conditional Voter Registration. CVR, also known as “same day registration,” under which a person is allowed to register or re-register to vote and vote within 14 days of an election, including election day, if specific requirements are met. A voter’s ballot is processed and counted once the county elections office has completed the voter registration verification process.
      
      In counties that conduct elections under the California Voter’s Choice Act (CVCA), CVR is required to be available at every vote center. In 2019, the Legislature expanded CVR and required it to be made available at all polling places. In practice, CVR serves as a safety net for Californians who miss the deadline to register to vote or update their voter registration information for an election. Generally, all eligible citizens who need to register or re-register to vote within 14 days of an election can complete this process at their county elections office, polling place, or vote center to register and vote. This process is accomplished in person. However, because certain voters may have difficulty taking advantage of a process that currently can only be performed in person, specifically, military and overseas voters and voters with disabilities, SB 504 (Becker), Chapter 14, Statutes of 2022, was signed into law and requires an elections official to make CVR available to military and overseas voters and voters with disabilities, and to allow those voters to vote after registering using CVR, through a certified RAVBM system.
      
      According to the author and their sponsor California Secretary of State Dr. Shirley Weber (SoS), with the enactment of SB 504, existing provisions of law that require military or overseas voters to provide specified documentary proof when registering to vote after the regular voter registration deadline are outdated and unnecessary. Accordingly, this bill repeals these provisions, streamlining voter registration for military and overseas voters, eliminating unnecessary procedural hurdles, and ensuring uniformity in the CVR process for all voters.
   2. Remote Accessible Vote by Mail Voting and Previous Legislation: Generally, RAVBM systems approved for use in California utilize electronic delivery to provide a voter with a ballot that the voter can mark using their computer, including any assistive device they use with that computer. After marking the ballot, the voter must print and return it to their county elections official by mail or drop-off (existing law also permits military and overseas voters to return their ballots by facsimile transmission under certain circumstances). In California, RAVBM systems allow voters to download and mark their ballots using personal devices; however, these systems are specifically designed so that completed ballots cannot be electronically transmitted to election officials.
      
      AB 2252 (Ting), Chapter 75, Statutes of 2016, allowed a military or overseas voter or a voter with disabilities to electronically receive and mark their VBM ballot using a RAVBM system, among other provisions. Subsequently, AB 1013 (Low), Chapter 906, Statutes of 2018, required a county elections official to permit a voter with a disability, or a military or overseas voter, to cast their ballot using a certified RAVBM system. While AB 1013 did not apply to counties conducting elections under the CVCA, the CVCA separately requires counties to have a process for sending or delivering a VBM ballot that voters with disabilities can read and mark privately and independently—a requirement that counties generally have met through the use of RAVBM systems. AB 37 (Berman), Chapter 312, Statutes of 2021, requires a county elections official to permit any voter to cast a ballot using a certified RAVBM system for any election.
      
      Because RAVBM systems involve the electronic delivery of a blank VBM ballot from the elections official to the voter, these systems can significantly reduce the time required to deliver a ballot to a voter after the voter requests one.
3. SUPPORT. The SoS sponsored this bill, aiming to simplify voter registration for military and overseas voters by eliminating outdated legal requirements. The SoS states that the 2022 enactment of SB 504 made the requirement for extra documentation from military and overseas voters outdated, as it imposes unnecessary voting barriers by demanding proof of release for military voters after registration closes, affects those relocating under military orders, and requires county election officials to submit voter lists to precinct boards. The SoS indicates that this bill brings the EC in line with SB 504, eases voting for service members and citizens abroad, standardizes the CVR process, and lightens the load for county election officials. The SoS concludes that this bill respects our military's sacrifices to safeguard our democracy by eliminating outdated barriers to their fundamental right to vote.
4. PREVIOUS LEGISLATION.
   1. SB 504 requires an elections official to make CVR available to military and overseas voters, as well as to voters with disabilities, and to allow those voters to vote after registering using CVR through a certified RAVBM system.
   2. AB 37 requires county elections officials to mail a ballot to every active registered voter for all elections, and makes changes to VBM processes, procedures, and requirements, as specified.
   3. SB 72 (Umberg), Chapter 565, Statutes of 2019, requires CVR to be made available at all polling places, as specified.
   4. AB 1013 requires a county elections official to permit a voter with a disability, or a military or overseas voter, to cast their ballot using a certified remote accessible VBM system. Provides that these provisions do not apply to a county that conducts an election using vote centers, instead of polling places, pursuant to the CVCA.
   5. AB 1403 (Obernolte), Chapter 797, Statutes of 2017, permit a military or overseas voter to apply in person to the voter's elections official for permission to register after the closing date of registration if the military or overseas voter is required to move under official active duty military orders after the closing date of registration.
   6. AB 2252 allows a voter with disabilities to electronically receive and mark their VBM ballot using a remote accessible VBM system, as defined. Establishes processes and procedures for the review and approval of remote accessible VBM systems, as specified.
   7. AB 269 (Grove) of 2013 was substantially similar to this bill; it was scheduled for a hearing in the Senate Appropriations Committee, but the hearing was cancelled at the author's request.
   8. AB 1436 (Feuer), Chapter 497, Statutes of 2012, permits CVR, also known as “same day registration,” under which a person is allowed to register or re-register to vote and vote within 14 days of an election, including on election day, if certain requirements are met.
   9. AB 477 (Valadao) of 2011 was also substantially similar to this bill; it was held on the Senate Appropriations Committee's suspense file.
5. DOUBLE REFERRAL. This bill is double referred, it passed the Assembly Elections Committee with a vote of 7-0 on July 2, 2025.

REGISTERED SUPPORT / OPPOSITION:

Support

California Secretary of State Dr. Shirley N. Weber (sponsor)
California Association of Clerks & Election Officials
League of Women Voters of California
Portrait of a Warrior Gallery Kern County & Honor Flight Kern County
Wounded Heroes Fund

Opposition

None on file.

Analysis Prepared by: Patty Patten / M. & V.A. / (916) 319-3550

 CONSENT  

Bill No: SB 621

Author: Grove (R)

Amended: 3/24/25

Vote: 21

SENATE MILITARY & VETERANS COMMITTEE: 4-0, 4/28/25

AYES: Archuleta, McNerney, Menjivar, Umberg

NO VOTE RECORDED: Grove

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 4/29/25

AYES: Cervantes, Choi, Allen, Limón, Umberg

SUBJECT: Voter registration: military and overseas voters

SOURCE: Shirley N. Weber, California Secretary of State

DIGEST:

This bill repeals the provision in Section 3108 of the Elections Code as obsolete due to the inclusion of military and overseas voters in the general conditional voter registration process.

ANALYSIS:

Existing law:

1. Authorizes an individual who registers to vote at least 15 days before an election day, to vote in that election by a regular ballot.
2. Permits an individual who is eligible to register to vote to complete a registration application during the 14 days immediately preceding an election or on the day of the election, and to vote by conditional ballot or regular ballot, as specified.
3. Provides that otherwise qualified military and overseas voters and voters with disabilities may complete a conditional voter registration and cast a provisional ballot or nonprovisional ballot under those provisions.
4. Permits a military or overseas voter to register after the closing date of registration if the voter is released from service after the closing date, returns to the voter’s county of residence, and is not a registered voter in that county, or if the voter is required to move under official active duty military orders after the closing date.

This bill repeals the requirements imposed by Military and Veterans Code (MVC) Section 3108 which places additional requirements on military and overseas voters as well as county elections officials.

Background

In 2012, the Legislature passed and the Governor signed AB 1436 (Feuer, Chapter 497, Statutes of 2012), establishing the Conditional Voter Registration (CVR) process and became operative after the Secretary of State certified California’s statewide voter registration database, VoteCal.

Even though AB 1436 was effective, Elections Code §3108 consisted of provisions applicable to military and overseas voters attempting to register after the traditional voter registration deadline. Voters seeking to utilize this process are required to provide documentation that they were released from service after the deadline or required to move under military active duty military orders.

Because AB 1436 applied to all voters, and not specifically for those in an official service capacity, the provisions in Elections Code §3108 are no longer needed. Any overseas voters, regardless of their duties, can use the current CVR process. Having this provision in statute has the possibility of creating confusion for military and overseas voters trying to register to vote and vote.

MVC 3108 requires:

• Military voters released from service after registration closes to provide proof of release.
• Those relocating under military orders to provide copies of those orders.
• County election officials to deliver lists of these voters to precinct boards.

SB 504 (Becker, Chapter 14, Statutes of 2022) clarified that military and overseas voters are eligible to use CVR without additional requirements. Upon passage of SB 504, the additional documentation requirements on military and overseas voters registering after the standard 15-day close of registration found in MVC 3108 became barriers to voter participation.

Comments

Elections Code 3108 currently imposes requirements that impose an additional burden on military and overseas voters. Vote-by-mail options were first made available to out-of-state and deployed veterans, to ensure their representation despite physically being unable to participate in the voting process. Due to the vote-by-mail expansion to every person that may be eligible to vote in California, the election code that helped veterans now puts up a barrier.

According to the sponsor, by eliminating MVC 3108, SB 621 will:

• Align the Elections Code with SB 504.
• Remove barriers to voting for service members and overseas citizens.
• Create consistency in the Conditional Voter Registration process.
• Reduce administrative burdens on county election officials.

Related/Prior Legislation

SB 504 (Becker, Chapter 14, Statutes of 2022), among other provisions, permitted the Secretary of State to adopt emergency regulations to implement CVR.

AB 1436 (Feuer, Chapter 497, Statutes of 2012), established the CVR process and became operative after the Secretary of State certified California’s statewide voter registration database, VoteCal.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/30/25)

Shirley N. Weber, California Secretary of State (Source)

California Association of Clerks and Election Officials

League of Women Voters of California

Wounded Heroes Fund

OPPOSITION: (Verified 4/30/25)

None received

Prepared by: Jenny Callison / M.&V.A. / (916) 651-1503

5/1/25 16:38:44

**** END ****

SENATE COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Senator Bob Archuleta, Chair

2025 - 2026 Regular

Bill No: SB 621 Hearing Date: 4/28/25

Subject: Voter registration: military and overseas voters

DESCRIPTION

Summary:

SB 621 repeals MVC 3108 as obsolete due to the inclusion of military and overseas voters in the general conditional voter registration process.

Existing law:

1. Authorizes an individual who registers to vote at least 15 days before an election day, to vote in that election by a regular ballot.
2. Permits an individual who is eligible to register to vote to complete a registration application during the 14 days immediately preceding an election or on the day of the election, and to vote by conditional ballot or regular ballot, as specified.
3. Provides that otherwise qualified military and overseas voters and voters with disabilities may complete a conditional voter registration and cast a provisional ballot or nonprovisional ballot under those provisions.
4. Permits a military or overseas voter to register after the closing date of registration if the voter is released from service after the closing date, returns to the voter’s county of residence, and is not a registered voter in that county, or if the voter is required to move under official active duty military orders after the closing date.

This bill:

Repeals the requirements imposed by MVC Section 3108 which places additional requirements on military and overseas voters as well as county elections officials.

BACKGROUND

Military and Veterans Code Section (MVC) 3108 requires:

• Military voters released from service after registration closes to provide proof of release.
• Those relocating under military orders to provide copies of those orders.
• County election officials to deliver lists of these voters to precinct boards.

SB 504 (2022) clarified that military and overseas voters are eligible to use Conditional Voter Registration without additional requirements. Upon passage of SB 504, the additional documentation requirements on military and overseas voters registering after the standard 15-day close of registration found in MVC 3108 became barriers to voter participation.

COMMENT

Elections Code 3108 currently imposes requirements that impose an additional burden on military and overseas voters. Vote-by-mail options were first made available to out-of-state and deployed veterans, to ensure their representation despite physically being unable to participate in the voting process. Due to the vote-by-mail expansion to every person that may be eligible to vote in California, the election code that helped veterans now puts up a barrier.

According to the sponsor, by eliminating MVC 3108, SB 621 will:

a. Align the Elections Code with SB 504 (2022).

b. Remove barriers to voting for service members and overseas citizens.

c. Create consistency in the Conditional Voter Registration process.

d. Reduce administrative burdens on county election officials.

POSITIONS

Sponsor: Secretary of State.

Support: California Association of Clerks & Election Officials

League of Women Voters of California

Portrait of a Warrior Gallery Kern County & Honor Flight Kern County

Wounded Heroes Fund

Oppose: None on File.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular

Bill No: SB Hearing Date: 4/29/25

Subject: Voter registration: military and overseas voters

DIGEST

This bill repeals the additional requirements for military and overseas voters to register to vote after the registration deadline to fully align with the existing conditional voter registration (CVR) process for all voters.

ANALYSIS

Existing law:

1. Permits a person who is a United States citizen, a resident of California, not imprisoned for the conviction of a felony, and at least 18 years of age at the time of the next election, to register to vote and to vote.
2. Permits any eligible person to conditionally register to vote, through a process known as CVR, after the voter registration deadline and before the close of polls on Elections Day. Votes cast using this process are considered provisional ballots unless certain conditions are met.
3. Permits a military or overseas voter to apply in person to the voter’s elections official for permission to register after the closing date of registration under the following conditions:
   1. The military or overseas voter is released from service after the closing date of registration for an election, returns to the county of their residence, and is not a registered voter. To register, the person is required to furnish documentary proof that they were released from service after the closing date of registration for the election.
   2. The military or overseas voter is required to move under official active duty military orders after the closing date of registration. To register, the elector shall furnish a copy of their official military orders.
4. Requires the elections official to deliver to the precinct board a list of military or overseas voters who registered to vote using the process in 3) on or before Election Day, or the first day a vote center opens.

This bill repeals the additional requirements in 3) and 4) of existing law for military and overseas voters to register to vote after the registration deadline to fully align with the existing CVR process for all voters.

BACKGROUND

Military and Overseas Voters. In California, an individual is permitted to register to vote electronically. When registering to vote as a military or overseas voter, a voter can choose to have their ballot mailed, faxed, or emailed to them. Additionally, county election officials begin sending ballots to military and overseas voters 60 days before Election Day. The voter may return the voted ballot to their county elections official by mail or, in certain circumstances, by fax.

Conditional Voter Registration. California permits a person to register to vote after the traditional voter registration deadline of 15 days before Election Day. Also known as same day voter registration, CVR is a voter registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on Election Day. Registration can take place at their county elections office, polling place, vote center, satellite office/location, or online. The registration is deemed effective after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information.

A voter using the CVR process also needs to request a CVR ballot. Receiving a ballot typically happens at a polling location, but can also be received using the county’s remote accessible vote by mail (RAVBM) system. An RAVBM system electronically sends a voter a ballot where the voter completes the ballot, prints it out, and returns it to the appropriate elections official. If the elections official determines that the CVR is valid, then the ballot is processed.

COMMENTS

1. Author’s Statement. This bill would delete Elections Code Section 3108, which is now obsolete due to the passage of SB 504 (Becker), Chapter 14, Statutes of 2022. SB 504 clarified that military and overseas voters are eligible to use CVR without additional requirements, making Section 3108 unnecessary.
2. Need for the Bill. In 2012, the Legislature passed and the Governor signed AB 1436 (Feuer), Chapter 497, Statutes of 2012, establishing the CVR process and became operative after the Secretary of State certified California’s statewide voter registration database, VoteCal.

Even though AB 1436 was effective, Elections Code §3108 consisted of provisions applicable to military and overseas voters attempting to register after the traditional voter registration deadline. Voters seeking to utilize this process are required to provide documentation that they were released from service after the deadline or required to move under military active duty military orders.

Because AB 1436 applied to all voters, and not specifically for those in an official service capacity, the provisions in Elections Code §3108 are no longer needed. Any overseas voters, regardless of their duties, can use the current CVR process. Having this provision in statute has the possibility of creating confusion for military and overseas voters trying to register to vote and vote.

1. Double Referral. This bill is double-referred to this committee and the Committee on Military and Veterans Affairs, where it is scheduled to be heard on April 28, 2025.

RELATED/PRIOR LEGISLATION

SB 504 (Becker), Chapter 14, Statutes of 2022, among other provisions, permitted the Secretary of State to adopt emergency regulations to implement CVR.

AB 1436 (Feuer), Chapter 497, Statutes of 2012, established the CVR process and became operative after the Secretary of State certified California’s statewide voter registration database, VoteCal.

POSITIONS

Sponsor: California Secretary of State Shirley N. Weber, Ph.D.

Support: California Association of Clerks and Election Officials

League of Women Voters of California

Wounded Heroes Fund

Oppose: None received

-- END --