On May 8, 2020, Governor Newsom issued Executive Order N-64-20 (“Executive Order”), making California the first state in the nation to provide every registered voter the opportunity to vote-by-mail for the November 3, 2020 General Election in response to the COVID-19 state of emergency.

Generally, any California registered voter may vote-by-mail, and the impetus is on the voter to request a vote-by-mail form from their elections official. The Executive Order now requires county elections officials to mail all registered voters in their respective jurisdictions a vote-by-mail ballot, even if they have not requested it.

The Executive Order was issued in response to the ongoing COVID-19 emergency and uncertainties about whether—and to what degree—COVID-19 will pose a threat to public health in November. The Executive Order states that counties must act now—to procure supplies, secure polling places, enlist volunteers, and draw up plans to ensure that the election is accessible and safe come November.

What is the last day to register to vote to receive a vote-by-mail ballot?

Generally, the deadline to register to vote in California is 15 days before any election, which for the November 3rd General Election would be October 19, 2020. However, the Executive Order requires counties to mail ballots to all voters, who are registered as of the last day on which vote-by-mail ballots may be transmitted to voters in connection with the General Election, and state law requires counties to mail vote-by-mail ballots between the 29th day and the 7th day before the election. The 29th day before the election is October 5, 2020. Pending any further changes, Californians should register to vote by October 5, 2020 to ensure they are on the rolls to receive a vote-by-mail ballot.

If voters miss the deadline, they can “conditionally” register and vote in person at their county elections office, polling place, or vote center on the same day as the election.

How will in-person voting work?

The Governor’s Office is working with the Secretary of State and the Legislature to determine requirements for in-person voting and details of implementing safety policies for the November elections. Further guidance on the issue, including a possible subsequent Executive Order, is expected.

The Executive Order acknowledges that many Californians may need access to in-person voting, including individuals with disabilities, individuals who speak languages other than English, individuals experiencing homelessness, and others. In a press release, the Governor’s Office stated that, “if by May 30, 2020 counties do not yet have clarity for in-person voting opportunities and other details of the November election, it may be necessary to issue a further executive order addressing these issues.”

Is vote-by-mail a poll tax?

Vote-by-mail in California is not considered a poll tax. Even before the COVID-19 pandemic, any voter could vote by mail in California. In 2017, the Legislature passed Assembly Bill 216, which makes postage on all mail-in ballots in California prepaid, to ensure voters are not disenfranchised for failing to put a stamp on their ballot. In addition, the Executive Order does not prohibit in-person voting for voters who cannot mail in their ballots.

The text of the Executive Order can be found here.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950 or email Doug White at Doug@whitebrennerllp.com, Barbara Brenner at Barbara@whitebrennerllp.com, or Nubia Goldstein at Nubia@whitebrennerllp.com.