August 19, 2005

Court Prohibits Counting of Faxed Overseas Ballots

The Sacramento Superior Court has issued a writ of mandate prohibiting the counting of overseas ballots returned by fax pursuant to Elections Code section 3103.5. That section provides that a faxed ballot may not be counted unless the voter signs an oath acknowledging that by faxing his or her ballot, the voter is waiving the right to cast a private ballot. Judge Lloyd Connelly found that the waiver violates Article II, Section 7 of the California Constitution, which provides that "[v]oting shall be secret." The matter was decided by the Sacramento Superior Court upon a transfer order issued by the California Supreme Court last fall. The Secretary of State has appealed the judgment.

Interestingly, the writ is directed to the Secretary of State. But absentee ballots are issued by, and retunred to, local election officials, none of whom were named as respondents in the case.

Posted by Randy Riddle at August 19, 2005 05:44 PM