JOHN K. VAN DE KAMP Attorney General
CLAYTON P. ROCHE Deputy Attorney General
California Attorney General Opinion
Office of the Attorney General State of California
January 26, 1983
HONORABLE DENNIS A. BARLOW, COUNTY COUNSEL, YUBA COUNTY, has
requested an opinion on the following question:
section 1017 of the Elections Code, which permits issuance of
absentee ballots to certain voters after the normal deadline
for application therefor, relate only to conditions and
circumstances which have arisen after such deadline, or does
the section also relate to preexisting, ongoing conditions?
1017 of the Elections Code relates not only to conditions and
circumstances which have arisen after the normal deadline for
applying for an absentee ballot, but also relates to
preexisting, ongoing conditions.
voting is governed by the provisions of section 1000 et seq.
of the Elections Code.1
Section 1002 provides and provided in 1978
that "[a]pplication for an absent voter's ballot,
shall be made in writing to the elections official having
jurisdiction over the election between the 29th and the 7th
day prior to the election" and that applications
received earlier be kept and processed during that
period. Thus, a general deadline of 7 days before an election
has been and is currently prescribed for such application.
to its amendment in 1978, section 1003 provided the general
eligibility requirements for applying for an absentee ballot.
That section provided:
"The absentee ballot shall be available to any
registered voter who is unable to appear at his polling
place for any one of the following reasons:
"(b) Absence from the precinct on the day of the
"(c) Physical handicap.
"(d) Conflicting religious commitments.
"(e) The voter resides more than 10 miles from his
"The absentee ballot shall also be available to any
registered voter who resides within a precinct which is