PART 5. Remote Marriage License Issuance and Solemnization [550 - 560]
( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )
Notwithstanding any other law, including, but not limited to, Section 420, a county clerk may issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony under state law using remote technology pursuant to this part, except for a marriage of a minor, as set forth in Sections 302 to 304, inclusive, or any successor provisions.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
A couple seeking a marriage license or solemnization pursuant to this part shall present, in the manner requested by the county clerk, a copy of a valid government-issued photo identification to verify their identity and any additional documentary proof requested by the county clerk.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
(a) Each member of the couple shall be physically located in the State of California while using remote technology to obtain a marriage license pursuant to this part.
(b) (1) Each member of the couple shall be in the same physical location in the State of California while using remote technology to solemnize their marriage pursuant to this part.
(2) The person solemnizing the marriage, any necessary witnesses, and the county clerk shall
all be physically located in the State of California, but may be at separate physical locations from each other and the couple solemnizing their marriage.
(c) The county clerk may require a couple to complete an affidavit, in a form provided by the county clerk, affirming that they and each individual participating in a marriage solemnization using remote technology are physically present within the State of California in compliance with this part.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
(a) At the discretion of the county clerk, a couple applying for a marriage license using remote technology may sign their marriage license electronically or by original wet signature. The couple shall transmit a signed, legible copy of their marriage license by United States mail, fax, or electronic means directly to the county clerk, in the manner required by the county clerk.
(b) At the discretion of the county clerk, a marriage license issued using the procedure described in this part may be transmitted to the applicants by United States mail, fax, or electronic means.
(c) Before the solemnization of a marriage pursuant to this part, one or both of the parties to be married shall transmit the marriage license by United States mail, fax, or electronic means to the person solemnizing the marriage and any necessary witnesses, in the manner required by the county clerk.
(d) At the discretion of the county clerk, the person solemnizing the marriage or any necessary witnesses may sign the marriage license electronically or by original wet signature and transmit the signed marriage license by United States mail, fax, or electronic means, in the manner required by the county clerk.
(e) A county clerk who witnesses a marriage solemnized by someone other than the county clerk using remote technology may apply an electronic signature to the marriage license as a witness, and transmit the signed license to the person solemnizing the marriage by United States mail, fax, or electronic means.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
A county clerk may provide guidance relating to marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony when the guidance relates to the use of their remote technology pursuant to this part.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
For purposes of this part, “remote technology” means audiovideo technology that is provided by a county clerk and allows the couple, or the couple and others participating in a marriage solemnization, as applicable, to appear together from the same physical location and directly interact with each other and the county clerk.
(Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)