Remote marriage license issuance and solemnization.

Existing law requires applicants to be married to first appear together in person before the county clerk to obtain a marriage license. Existing law does not require a particular form for the ceremony to solemnize a marriage, but requires the parties to declare, in the physical presence of the person solemnizing their marriage and necessary witnesses, that they take each other as spouses. Existing law requires the person solemnizing the marriage to return an endorsed marriage license to the county recorder of the county in which the license was issued. Existing law authorizes a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage to enter into that marriage by the appearance of an attorney-in-fact. Existing law also authorizes a county clerk to issue a marriage license to the person solemnizing the marriage if either or both of the parties to be married are physically unable to appear in person before the county clerk, certain documentation requirements are met, and there is a sufficient reason for this procedure that includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk. Existing executive orders delineate temporary procedures for obtaining a marriage license and solemnizing a marriage via videoconference, as specified. This bill would authorize, until January 1, 2024, a county clerk to issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony using remote technology, as defined, except for the marriage of a minor. The bill would prescribe the procedures and requirements for marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony using remote technology, including the requirement that the couple be in the same physical location in the State of California while using remote technology to solemnize their marriage. The bill would authorize a county clerk to require a couple to complete an affidavit affirming that they and each individual participating in a marriage solemnization using remote technology are physically present within the State of California, as required. The bill would prescribe signature and transmission procedures relating to remote marriage licenses, including authorizing transmission by United States mail, fax, or electronic means, as specified. The bill would authorize a county clerk to 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. The bill would also make a conforming change. This bill would declare that it is to take effect immediately as an urgency statute.