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Rules for New Resident Voters

County elections officials are required to keep open to public inspection a list of names and addresses of all persons who have voted as new residents

By Chris Micheli, February 14, 2022 6:21 am

California’s Elections Code in Division 3, Chapter 5 deals with new resident application and voting procedures. Section 3400 requires registration for new residents to be in progress beginning with the 14th day prior to an election and ending on the 7th day prior to election day. In addition, this registration must be executed in the county elections office and the new resident is required to vote a new resident’s ballot in that office.

Section 3402 requires the Secretary of State to have blank affidavits of registration prepared for new residents that contain the required information. The affidavit must be the same as the regular affidavit of registration except that it has a removable portion with the caption “new resident.”

Section 3403 provides that the envelope into which a new resident is to place the ballot shall bear upon its face the name and official title of the county elections official and upon the other side a printed affidavit in substantially the following form:

State of California

County of


ss.

I, ________, declare that I am a citizen of the United States, that on the day of the next election for federal offices shall be at least 18 years of age, a resident of this state prior to the election, and am a resident of the City or Town of ________, County of ________, State of California; I have not voted, nor shall I cast a vote on a ballot from the state from which I have removed.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

_____ (Date) _____

_____ (Signature) _____

_____ (Residence address) _____

Section 3403 requires the new resident to mark the ballot, place it in the identification envelope, and fill out and sign the declaration printed on the identification envelope. Section 3405 requires the ballots of new residents to be received and canvassed at the same time and under the same procedure as vote by mail voter ballots. Section 3408 requires the county elections official to keep open to public inspection a list showing the names and addresses of all persons who have voted as new residents.

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