AB 861

This bill requires the Elections Commission to promulgate rules authorizing

overseas voters who are service members or civilian employees of the U.S.

Department of Defense or a DOD contractor to vote absentee by electronic

transmission. Under current law, such voters must return their absentee ballots by

mail.

The commission's rules must include all of the following requirements:

1. A voter may vote absentee by electronic transmission only if the voter waives

the right to a secret ballot.

2. When an absentee ballot is received by electronic transmission, the person

receiving the transmission must examine it to determine that all pages have been

received and are legible and may not reveal how the voter voted.

3. The absentee ballot must be sealed in an envelope marked with the voter's

name and stored with other returned absentee ballots.

4. The commission must establish an online portal allowing a voter to access,

complete, and electronically sign his or her ballot online by use of a valid federal

common access card (CAC). The CAC is a “smart” card used as a standard

identification for active duty uniformed service personnel, civilian employees of

DOD, and eligible DOD contractor personnel.