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TO BE PUBLISHED IN THE OFFICIAL REPORTS
 

OFFICE OF THE ATTORNEY GENERAL
 State of California
 

DANIEL E. LUNGREN
 Attorney General
 

OPINION : 

: No. 94-109 

of : 

: April 14, 1994

DANIEL E. LUNGREN : 

Attorney General : 

: 

CLAYTON P. ROCHE : 

Deputy Attorney General : 

: 

THE HONORABLE JAMES L. BRULTE, MEMBER OF THE CALIFORNIA 

ASSEMBLY, has requested an opinion on the following question: 

May a registered voter request an absentee ballot for more than one election in a

single application? 

CONCLUSION 

A registered voter may not request an absentee ballot for more than one election in

a single application except for a special election to fill a vacancy in office when the election includes

a special primary election. 

ANALYSIS 

The Legislature has enacted a comprehensive statutory scheme governing requests

for absentee ballots by registered voters. (Elec. Code, §§ 1000-1456.)1 In this opinion, we are not

concerned with the statutory provisions for disabled persons (§§ 1450-1456; see 76

Ops.Cal.Atty.Gen. 154 (1993)), members of the armed forces and their families, persons temporarily

living outside of the United States, or those serving on merchant vessels (§§ 1200-1208). Rather, 

we are concerned with a typical registered voter applying for an absent voter's ballot, and the

question is whether the application may cover more than one election. We conclude generally that 

it may not. 

In resolving the issues presented, we may rely upon several well established

principles of statutory construction. "The object that a statute seeks to achieve is of primary

importance in statutory interpretation." (Lusardi Construction Co. v. Aubry (1992) 1 Cal.4th 976, 

1

All section references are to the Elections Code unless otherwise noted. 

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987.) "`In determining intent, we look first to the language of the statute, giving effect to its "plain

meaning."'" (Burden v. Snowden (1992) 2 Cal.4th 556, 562.) "The words of the statute must be 

construed in context, keeping in mind the statutory purpose, and statutes or statutory sections

relating to the same subject must be harmonized, both internally and with each other, to the extent

possible." (Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1387.)

"[I]t is presumed the Legislature intended reasonable results consistent with its expressed purpose,

not absurd consequences." (Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1165- 1166.) "When reasonably possible, we avoid statutory constructions that render particular 

provisions superfluous or unnecessary." (Dix v. Superior Court (1991) 53 Cal.3d 442, 459.)

"Unless unreasonable or clearly contrary to the statutory language or purpose, the consistent

construction of a statute by an agency charged with responsibility for its implementation is entitled

to great deference." (Id., at p. 460.) 

Applying these rules of construction, we believe that except in one instance, only a

single election may be the subject of an absent voter's ballot application. Section 1002 states with 

respect to the time within which an application for an absent voter's ballot may be made: 

"Except as provided in Chapter 7 (commencing with Section 1450),

application 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. The application shall be signed by the applicant and shall show his

place of residence. Any applications received by the elections official prior to the

29th day shall be kept and processed during the application period."2 

References to "the election" in section 1002 connote a specified single election and a period of time

before such single election when the application may be filed. 

Consistent with this statutory language, section 1006 sets forth the information which

a voter must provide in an application for an absent voter's ballot. It states in part: 

"(a) Any printed application which is to be distributed to voters for

requesting absent voter ballots shall contain spaces for the following: 

"(1) The printed name and residence address of the voter as it appears on the

affidavit of registration. 

"(2) The address to which the ballot is to be mailed. 

"(3) The voter's signature. 

"(4) The name and date of the election for which the request is to be made. 

"(5) The date the application must be received by the clerk. 

"(b) (1) The information required by paragraphs (1), (4), and (5) of

subdivision (a) may be preprinted on the application. The information required by

paragraphs (2) and (3) of subdivision (a) shall be personally affixed by the voter." 

2

As previously indicated, "Chapter 7" concerns permanent absent voter status for disabled 

persons. 

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Subdivision (a)(4) of section 1006 thus requires that the application provide "[t]he name and date

of the election," again demonstrating that the application is to be made and be applicable to a single

election. This conclusion is supported by the fact that subdivision (b)(1) permits such information

to be preprinted on the application. 

While an application for an absent voter's ballot may apply only to a single election

in most circumstances, an exception is to be recognized for a special election when part of the

electoral process for the election involves a special primary election. This situation is exemplified

in elections to fill vacancies which arise in congressional and legislative offices.3 

The procedures for filling vacancies in congressional offices are described in article

1, section 2, paragraph 4 of the United States Constitution: "When vacancies happen in the

representation from any state, the executive authority thereof shall issue writs of election to fill such

vacancies." Similarly with respect to state legislative offices, article IV, section 2, subdivision (d)

of the California Constitution provides: "When a vacancy occurs in the Legislature the Governor

immediately shall call an election to fill the vacancy." Implementing these constitutional provisions 

is Government Code section 1773, which states: 

"When a vacancy occurs in the office of Representative to Congress or in

either houses of the Legislature, the Governor shall within 14 days after the

occurrence of the vacancy issue a writ of election to fill the vacancy . . . . 

"The Governor shall issue the election proclamation under his hand and the

Great Seal of the state, and transmit copies to the board of supervisors of the counties

in which the election is to be held." 

The election procedures for conducting such a special election are found in sections 

7200-7204. (See § 2651.) Section 7200.5 states: "A special election to fill a vacancy . . . shall be

conducted on a Tuesday at least 112 days but no more than 119 days, following the issuance of an

election proclamation by the Governor . . . ." A special primary election with specific authorization

for absentee ballot requests is set forth in section 7201, which states: 

"A special primary election shall be held in the district in which the vacancy

occurred on the eighth Tuesday or, if the eighth Tuesday is the day of or the day

following a state holiday, the ninth Tuesday preceding the day of the special election

at which the vacancy is to be filled. . . . 

"Notwithstanding Section 1002, applications for absent voters' ballots may

be submitted not more than 25 days before the primary election, except that Section

1002 shall apply if the special election or special primary election is consolidated

with a statewide election. . . ."4 

If any candidate receives a majority of the votes cast at a special primary election, "he shall be

declared elected." (§ 7202, subd. (a).) If such should occur, the special primary election in effect 

3

Special primary elections could also arise in the filling of vacancies in other offices, particularly

those under city and county charter provisions. Our analysis with reference to congressional and

legislative offices would generally apply to such offices as well. 

4

Section 1002 specifies when applications for absentee ballots are to be filed. 

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becomes the special election. (§ 7202; Cf. Brailsford v. Blue (1962) 57 Cal.2d 335, 338; Immel v. 

Langley (1959) 52 Cal.2d 104, 106; Donnellan v. Hite (1956) 139 Cal.App.2d 43, 46.) 

On the other hand, if no candidate at a special primary election receives a majority

of the votes cast, nominated candidates for each political party and independent nominees are

required to participate in a runoff election, which then constitutes the previously called and

mandated special election to fill the vacancy. (§ 7203.) 

Hence, for elections to fill vacancies in congressional and legislative offices, (1) "an"

election to fill the vacancy is contemplated, (2) a special primary election is provided to nominate

candidates, (3) the special primary election may become "the" election, obviating a runoff election,

(4) a short period of time is given between the special primary election and any requisite runoff

election, and (5) specific authorization is given for absentee ballot applications covering the special

primary election but not for the runoff election. In these circumstances, both the special primary

election and the runoff election may together be considered "the" special election for which an

application may be submitted under the terms of sections 1002, 1006, and 7201. 

We note that the foregoing statutory provisions are administered and have been so

interpreted by the Secretary of State. Government Code section 12172.5 provides in part: 

"The Secretary of State is the chief elections officer of the state, and shall

administer the provisions of the Elections Code. The Secretary of State shall see that

elections are efficiently conducted and that state election laws are enforced . . . ." 

With particular regard to an application for an absent voter's ballot, section 1006.1 states: 

"The Secretary of State shall prepare and distribute to appropriate elections

officials a uniform application format for all absent voter's ballots which conforms

to the requirements of this chapter. This format shall be followed by all individuals,

organizations, and groups who distribute applications for an absent voter's ballot.

The uniform format need not be utilized by elections officials in preparing an absent

voter's ballot application to be included with the sample ballot." 

We are informed that for purposes of efficiency, the Secretary of State has approved the use of a

single application for both a special primary election and possible runoff election to fill a vacancy

in a congressional or legislative office. Such an administrative practice has occurred in the counties

of Kern, Monterey, San Diego, San Francisco, and Santa Clara. 

In our view the Secretary of State's administrative interpretation of the relevant

statutes is a reasonable construction allowing a single application to cover the special primary

election and possible runoff election. Given that the unique relationship between the two allows a

reasonable interpretation that they are in reality a single election to fill a single vacancy and given

that a relatively short time period exists between the two, it is administratively efficient to authorize

a single absentee ballot application for both segments of such an election. 

For the foregoing reasons, we conclude that an absentee ballot application may only

apply to a single election except for a special election to fill a vacancy in office when such an

election includes a special primary election. 

* * * * * 

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