Bill Text: CA AB1020 | 2015-2016 | Regular Session | Chaptered
Bill Title: Elections: voter registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 728, Statutes of 2015. [AB1020 Detail]
Download: California-2015-AB1020-Chaptered.html
BILL NUMBER: AB 1020 CHAPTERED
BILL TEXT
CHAPTER 728
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JULY 1, 2015
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 26, 2015
An act to amend Sections 2000, 2101, 2103, 2106, 2114, 2115, 2119,
2120, 2139, 2140, 2150, 2155.3, 2157, 2158, 2163, 2165, 2166,
2166.5, 2166.7, 2168, 2183, 2184, 2185, 2187, 2188, 2188.1, 2188.5,
2191, 2193, 2194, 2196, 2200, 2201, 2202, 2206, 2208, 2209, 2210,
2211, 2212, 2221, 2224, 2225, 2226, 2227, 3009, 3010, 3011, 3019,
8401, 9030, 9114, 9115, 9308, 9309, 11224, 11225, 14202, 18104, and
18109 of, and to repeal Sections 2104, 2107, 2108, 2109, 2110, 2113,
2117, 2118, 2118.5, 2135, 2136, 2137, 2141, 2160, 2180, 2181, 2182,
2190, 2192, 2203, and 2204 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1020, Ridley-Thomas. Elections: voter registration.
Existing law provides that a person is entitled to register to
vote if he or she is a United States citizen, a resident of
California, not in prison or on parole for the conviction of a
felony, and at least 18 years of age at the time of the next
registration.
This bill would provide that a person is entitled to preregister
to vote in an election if, among other things, that person is at
least 16 years of age.
Existing law authorizes county elections officials, under
specified circumstances and in order to promote and encourage voter
registrations, to deputize as registrars qualified citizens to
register voters anywhere within the county.
The bill would delete this authorization and make conforming
changes to related provisions of law.
Existing law requires the county elections official to accept
affidavits of registration at all times except during the 14 days
immediately preceding an election and requires the county elections
official to accept an affidavit of registration executed as part of a
voter registration card in the forthcoming election if the affidavit
is executed on or before the 15th day prior to the election and if a
specified circumstance applies.
The bill would delete these provisions of law.
Existing law authorizes the county elections official of any
county to receive the affidavit of registration of any elector who
resides or claims residence in another county in this state and
provides that this method of registration is effective for all
elections occurring 29 or more days after receipt of the affidavit of
registration. Existing law also sets forth the acceptance procedure
for the county elections official in the event a voter provides
notification of a change of address.
The bill would instead specify that registration by the
above-described method would be effective for an election occurring
15 or more days after receipt of the affidavit of registration by the
county elections official. The bill would also modify the procedure
for the acceptance of affidavits of voter registration,
reregistration, or notification of a transfer of registration for an
election.
Existing law authorizes any person filing with the county
elections official a new affidavit of registration or reregistration
to have the information relating to his or her residence address,
telephone number, and email address appearing on the affidavit, or
any list, roster, or index prepared therefrom, declared confidential
upon a superior court order, as specified.
The bill would impose new requirements on county elections
officials relating to voters moving into a new county who wish to
apply for confidential voter status. By imposing new requirements on
local officials, the bill would impose a state-mandated local
program.
Existing law requires the county elections official to print a
complete index and authorizes the official to print a continuing
index, by precinct, to the affidavits of registration current at the
date of printing. Each county elections official is also required to
send to the Secretary of State a summary statement of the number of
voters in the county.
The bill would modify these provisions of law and require that the
county elections official provide an electronic copy of the index
and of supplements to the index. The bill would also require a county
elections official to provide detailed notice to the Secretary of
State that specified voter information is available.
The bill would correct incorrect cross-references and delete
obsolete provisions of law.
Existing law requires the county elections official to cancel
voter registration at the signed, written request of the person
registered, when the mental incompetency of the person registered is
legally established, upon proof that the person is presently
imprisoned or on parole for the conviction of a felony, upon the
production of a certified copy of a judgment directing that the
cancellation be made, or upon the death of the person registered.
The bill would authorize the Secretary of State to cancel a person'
s registration when the mental incompetency of the person registered
is legally established, upon proof that the person is presently
imprisoned or on parole for the conviction of a felony, and upon the
death of the person registered.
In specified circumstances, existing law requires a court to
determine whether a person is capable of completing an affidavit of
registration or otherwise qualified to vote. If the court determines
that the person is not capable of completing the affidavit or is not
qualified to vote, the court is required to order the person to be
disqualified from voting and to notify the county elections official.
In the event a person's right to register to vote is restored, the
court is required to notify the county elections official.
The bill would instead require the court to notify the Secretary
of State in the event a person is disqualified from voting or his or
her right to register to vote is restored.
Existing law authorizes a county elections official to send an
alternate residency confirmation postcard to a voter if the voter has
not voted in an election within the preceding 4 years and his or her
residence address, name, or party affiliation has not been updated
during that time. A county elections official is required to send a
forwardable notice to a voter to enable the voter to verify or
correct residency information based on change-of-address data.
The bill would modify the form and content of the alternate
residency confirmation postcard and forwardable notice.
Under existing law, any deputy registrar of voters having charge
of affidavits of registration is guilty of a misdemeanor who
knowingly neglects or refuses to return affidavits of registration.
The bill would instead specify that any individual or organization
having charge of affidavits of registration who knowingly neglects
or refuses to return affidavits of registration is guilty of a
misdemeanor. By creating a new crime, the bill would create a
state-mandated local program.
The bill would incorporate additional changes to Sections 2150,
2208, and 2209 of the Elections Code, proposed by SB 589, that would
become operative only if SB 589 and this bill are chaptered and
become effective on or before January 1, 2016, and this bill is
chaptered last. The bill would also incorporate additional changes to
Section 3019 of the Elections Code, proposed by AB 477, that would
become operative only if AB 477 and this bill are both chaptered and
become effective on or before January 1, 2016, and this bill is
chaptered last.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill, except as specified, would become operative only if the
Secretary of State certifies that the state has a statewide voter
registration database that complies with the federal Help America
Vote Act of 2002.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2000 of the Elections Code is amended to read:
2000. (a) Every person who qualifies under Section 2 of Article
II of the California Constitution and who complies with this code
governing the registration of electors may vote at any election held
within the territory within which he or she resides and the election
is held.
(b) Any person who will be at least 18 years of age at the time of
the next election is eligible to register and vote at that election.
(c) Pursuant to Section 2102, any person who is at least 16 years
of age and otherwise meets all eligibility requirements to vote is
eligible to preregister to vote, but is not eligible to vote until he
or she is 18 years of age.
SEC. 2. Section 2101 of the Elections Code is amended to read:
2101. (a) A person entitled to register to vote shall be a United
States citizen, a resident of California, not imprisoned or on
parole for the conviction of a felony, and at least 18 years of age
at the time of the next election.
(b) A person entitled to preregister to vote in an election shall
be a United States citizen, a resident of California, not imprisoned
or on parole for the conviction of a felony, and at least 16 years of
age.
SEC. 3. Section 2103 of the Elections Code is amended to read:
2103. (a) It is the intent of the Legislature that the election
board of each county, in order to promote and encourage voter
registrations, shall establish a sufficient number of registration
places throughout the county, and outside the county courthouse, for
the convenience of persons desiring to register, to the end that
registration may be maintained at a high level.
(b) It is also the intent of the Legislature that county elections
officials, in order to promote and encourage voter registrations,
shall enlist the support and cooperation of interested citizens and
organizations in such a way as to reach most effectively every
resident of the county.
(c) It is also the intent of the Legislature that
non-English-speaking citizens, like all other citizens, should be
encouraged to vote. Therefore, appropriate efforts should be made to
minimize obstacles to registration by citizens who lack sufficient
skill in English to register without assistance.
(d) It is the intent of the Legislature that county elections
officials be permitted to distribute affidavits of registration and
voter registration cards, in all languages required by Section 203
(52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)
(4)) of the federal Voting Rights Act of 1965, by using the county's
Internet Web site.
SEC. 4. Section 2104 of the Elections Code is repealed.
SEC. 5. Section 2106 of the Elections Code, as amended by Section
2 of Chapter 619 of the Statutes of 2014, is amended to read:
2106. A program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to a printed literature or media announcement
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not imprisoned or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election. A person may preregister to vote if he or she is a
United States citizen, a resident of California, not imprisoned or on
parole for the conviction of a felony, and at least 16 years of age."
A county elections official may continue to use existing materials
before printing new or revised materials required by any changes to
this section.
SEC. 6. Section 2106 of the Elections Code, as enacted by Section
2 of Chapter 920 of the Statutes of 1994, is amended to read:
2106. Any program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to any printed literature or media announcements
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not imprisoned or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election."
SEC. 7. Section 2107 of the Elections Code, as amended by Section
7 of Chapter 909 of the Statutes of 2014, is repealed.
SEC. 8. Section 2107 of the Elections Code, as amended by Section
8 of Chapter 909 of the Statutes of 2014, is repealed.
SEC. 9. Section 2108 of the Elections Code is repealed.
SEC. 10. Section 2109 of the Elections Code is repealed.
SEC. 11. Section 2110 of the Elections Code is repealed.
SEC. 12. Section 2113 of the Elections Code is repealed.
SEC. 13. Section 2114 of the Elections Code is amended to read:
2114. The county elections official of any county in this state
may receive the affidavit of registration of any elector who resides
or claims residence in another county in this state. The affidavit
shall be forwarded to the county elections official of the county in
which the elector resides. The county elections official of the
county in which the elector resides shall use the affidavit of
registration received from the other county as his or her permanent
record of registration.
Registration by this method shall be effective for all elections
occurring 15 or more days after receipt of the affidavit of
registration by the county elections official to which the affidavit
is mailed or delivered by the elector.
SEC. 14. Section 2115 of the Elections Code is amended to read:
2115. Whenever a voter, between the time of that person's last
registration and the time for the closing of registration for any
given election, has lawfully changed his or her surname, the voter
shall reregister under the new or changed name. The voter shall make
an additional statement at the time of reregistration, giving the
name under which he or she was last registered.
This additional statement shall be given in the prior registration
portion of the affidavit of registration before the affidavit is
signed, and shall be deemed a part of the affidavit. Upon
reregistration, the registration of the voter shall be immediately
updated.
SEC. 15. Section 2117 of the Elections Code is repealed.
SEC. 16. Section 2118 of the Elections Code is repealed.
SEC. 17. Section 2118.5 of the Elections Code is repealed.
SEC. 18. Section 2119 of the Elections Code is amended to read:
2119. (a) Except as provided in subdivision (d) and Chapter 5
(commencing with Section 3400) and Chapter 6 (commencing with Section
3500) of Division 3, the county elections official shall accept
affidavits of registration at all times except during the 14 days
immediately preceding an election, when registration shall cease for
that election as to electors residing in the territory within which
the election is held.
(b) Transfers of registration for an election may be made from one
precinct to another precinct in the same county, from one county to
another county, or for a residence address change within the same
precinct at any time registration is in progress in the precinct or
county to which the elector seeks to transfer. In lieu of executing a
new affidavit of registration for a change of address, the county
elections official shall accept a notice, a letter of the change of
address signed by a voter as he or she is registered, or a written
notice. The former address shall be maintained with the voter record
and the registration of the voter shall be immediately updated.
(c) If the reregistration or transfer is from one county to
another county, the county elections official of the county in which
the voter was formerly registered shall be notified and the
registration of the voter shall be immediately updated.
(d) The county elections official shall accept an affidavit of
registration or a notification for the forthcoming election and shall
immediately update the address on the voter's affidavit of
registration accordingly if the affidavit of registration or
notification is executed on or before the 15th day prior to the
election and if any of the following apply:
(1) The mailed affidavit of registration or notification is
postmarked on or before the 15th day prior to the election and
received by mail by the county elections official before the close of
the polls on election day.
(2) The affidavit of registration or notification is submitted to
the Department of Motor Vehicles or accepted by any other public
agency designated as a voter registration agency pursuant to the
federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501
et seq.) on or before the 15th day prior to the election.
(3) The affidavit of registration or notification is delivered to
the county elections official by means other than those described in
paragraphs (1) and (2) on or before the 15th day prior to the
election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
(e) If the registration, reregistration, or notification is
executed during the 14 days before an election or is executed on or
before the 15th day prior to the election, but does not meet any of
the conditions set forth in subdivision (d), the registration of the
voter or the update to the registration of the voter shall be
immediately processed, but the voter will not be eligible to vote in
that election.
(f) This section shall become inoperative on January 1, 2017.
SEC. 19. Section 2119 of the Elections Code is amended to read:
2119. (a) Except as provided in subdivision (d), Article 4.5
(commencing with Section 2170), and Chapter 5 (commencing with
Section 3400) and Chapter 6 (commencing with Section 3500) of
Division 3, the county elections official shall accept affidavits of
registration at all times except during the 14 days immediately
preceding an election, when registration shall cease for that
election as to electors residing in the territory within which the
election is held.
(b) Transfers of registration for an election may be made from one
precinct to another precinct in the same county, from one county to
another county, or for a residence address change within the same
precinct at any time registration is in progress in the precinct or
county to which the elector seeks to transfer. In lieu of executing a
new affidavit of registration for a change of address, the county
elections official shall accept a notice, a letter of the change of
address signed by a voter as he or she is registered, or written
notice.
The former address shall be maintained with the voter record and
the registration of the voter shall be immediately updated.
(c) If the reregistration or transfer is from one county to
another county, the county elections official of the county in which
the voter was formerly registered shall be notified and the
registration of the voter shall be immediately updated.
(d) The county elections official shall accept an affidavit of
registration or a notification for the forthcoming election and shall
immediately update the address on the voter's affidavit of
registration accordingly if the affidavit of registration or
notification is executed on or before the 15th day prior to the
election and if any of the following apply:
(1) The mailed affidavit of registration or notification is
postmarked on or before the 15th day prior to the election and
received by mail by the county elections official before the close of
the polls on election day.
(2) The affidavit of registration or notification is submitted to
the Department of Motor Vehicles or accepted by any other public
agency designated as a voter registration agency pursuant to the
federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501
et seq.) on or before the 15th day prior to the election.
(3) The affidavit of registration or notification is delivered to
the county elections official by means other than those described in
paragraphs (1) and (2) on or before the 15th day prior to the
election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
(e) If the registration, reregistration, or notification is
executed during the 14 days before an election or is executed on or
before the 15th day prior to the election, but does not meet any of
the conditions set forth in subdivision (d), the registration of the
voter or the update to the registration of the voter shall be
immediately processed, but the voter will not be eligible to vote in
that election.
(f) This section shall become operative on January 1, 2017.
SEC. 20. Section 2120 of the Elections Code is amended to read:
2120. (a) If the county elections official receives a letter from
a voter stating that the voter has moved to a new address in another
county in the state and the voter provides the new address, the
elections official shall immediately update the voter's registration
and the former address shall be maintained with the voter record.
(b) If the county elections official receives a letter from a
voter stating that the voter has moved to a new address in another
county in the state and the voter does not provide the new address,
the elections official shall cancel the old registration for any
election occurring at least 15 days after the receipt of the letter.
SEC. 21. Section 2135 of the Elections Code is repealed.
SEC. 22. Section 2136 of the Elections Code is repealed.
SEC. 23. Section 2137 of the Elections Code is repealed.
SEC. 24. Section 2139 of the Elections Code is amended to read:
2139. On the day of the close of registration for any election
all individuals and organizations that have submitted plans for
distribution shall immediately return all completed affidavits of
registration in their possession to the county elections official.
Unused affidavits shall be returned upon completion of the
distribution plan.
SEC. 25. Section 2140 of the Elections Code is amended to read:
2140. The county elections official shall report to the district
attorney of the county, under oath, the name of any individuals or
organizations that have submitted plans for distribution who have not
complied with this article.
SEC. 26. Section 2141 of the Elections Code is repealed.
SEC. 27. Section 2150 of the Elections Code, as amended by Section
8 of Chapter 1 of the Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of "Miss," "Ms.," "Mrs.," or "Mr." A person shall not be denied the
right to register because of his or her failure to mark a prefix to
the given name and shall be so advised on the voter registration
card. This subdivision shall not be construed as requiring the
printing of prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and email address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or email address, and shall be so advised on the
voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write, he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
(d) If any person assists the affiant in completing the affidavit,
that person shall sign and date the affidavit below the signature of
the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
SEC. 27.5. Section 2150 of the Elections Code, as amended by
Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at the affiant's option, by the
designation of "Miss," "Ms.," "Mrs.," or "Mr." A person shall not be
denied the right to register because of his or her failure to mark a
prefix to the given name and shall be so advised on the voter
registration card. This subdivision shall not be construed as
requiring the printing of prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email address, and shall be so advised on the
voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an affiant who has been issued a current
and valid driver's license, the affiant's driver's license number.
(B) In the case of any other affiant, other than an affiant to
whom subparagraph (C) applies, the last four digits of the affiant's
social security number.
(C) If a voter registration affiant has not been issued a current
and valid driver's license or a social security number, the state
shall assign the applicant a number that will serve to identify the
affiant for voter registration purposes. If the state has a
computerized list in effect under this paragraph and the list assigns
unique identifying numbers to registrants, the number assigned under
this subparagraph shall be the unique identifying number assigned
under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating if the affiant has
been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit of
registration as to its truthfulness and correctness, under penalty of
perjury, with the signature of his or her name and the date of
signing. If the affiant is unable to write, he or she shall sign with
a mark or cross. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
(d) If a person assists the affiant in completing the affidavit of
registration, that person shall sign and date the affidavit below
the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials before
printing new or revised forms that reflect the changes made to this
section by Chapter 508 of the Statutes of 2007.
SEC. 28. Section 2150 of the Elections Code, as amended by Section
3 of Chapter 619 of the Statutes of 2014, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of "Miss," "Ms.," "Mrs.," or "Mr." A person shall not be denied the
right to register because of his or her failure to mark a prefix to
the given name and shall be so advised on the voter registration
card. This subdivision shall not be construed as requiring the
printing of prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email address, and shall be so advised on the
voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least 16 years of age.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write, he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant shall not be denied the ability to register because
he or she declines to state his or her ethnicity or race.
(d) If a person assists the affiant in completing the affidavit,
that person shall sign and date the affidavit below the signature of
the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
SEC. 28.5. Section 2150 of the Elections Code, as amended by
Section 3 of Chapter 619 of the Statutes of 2014, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at the affiant's option, by the
designation of "Miss," "Ms.," "Mrs.," or "Mr." A person shall not be
denied the right to register because of his or her failure to mark a
prefix to the given name and shall be so advised on the voter
registration card. This subdivision shall not be construed as
requiring the printing of prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone
number, if furnished, and email address, if furnished. A person shall
not be denied the right to register because of his or her failure to
furnish a telephone number or email address, and shall be so advised
on the voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least 16 years of age.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an affiant who has been issued a current
and valid driver's license, the affiant's driver's license number.
(B) In the case of any other affiant, other than an affiant to
whom subparagraph (C) applies, the last four digits of the affiant's
social security number.
(C) If a voter registration affiant has not been issued a current
and valid driver's license or a social security number, the state
shall assign the affiant a number that will serve to identify the
affiant for voter registration purposes. If the state has a
computerized list in effect under this paragraph and the list assigns
unique identifying numbers to registrants, the number assigned under
this subparagraph shall be the unique identifying number assigned
under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit of
registration as to its truthfulness and correctness, under penalty of
perjury, with the signature of his or her name and the date of
signing. If the affiant is unable to write, he or she shall sign with
a mark or cross. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant shall not be denied the ability to register because
he or she declines to state his or her ethnicity or race.
(d) If a person assists the affiant in completing the affidavit of
registration, that person shall sign and date the affidavit below
the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials before
printing new or revised forms that reflect the changes made to this
section by Chapter 508 of the Statutes of 2007.
SEC. 29. Section 2155.3 of the Elections Code is amended to read:
2155.3. (a) In lieu of the voter notification required by Section
2155, a person under 18 years of age who submits an affidavit of
registration pursuant to Section 2101 or subdivision (d) of Section
2102, as amended by the act adding this section shall be sent a voter
preregistration notice upon a determination that the affidavit of
registration is properly executed and that the person otherwise
satisfies all eligibility requirements to vote, except that he or she
is under 18 years of age. The county elections official shall send
the voter preregistration notice by nonforwardable, first-class mail,
address correction requested.
(b) The voter preregistration notice required by subdivision (a)
shall be substantially in the following form:
VOTER PREREGISTRATION NOTICE
Thank you for preregistering to vote. You may vote in any election
held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will
receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our
office or update your preregistration at the Internet Web site of the
Secretary of State.
SEC. 30. Section 2157 of the Elections Code is amended to read:
2157. (a) Subject to this chapter, the paper affidavit of
registration shall be in a form prescribed by regulations adopted by
the Secretary of State. The affidavit shall comply with all of the
following:
(1) Contain the information prescribed in Section 2150.
(2) Allow for the inclusion of informational language to meet the
specific needs of that county, including, but not limited to, the
return address of the elections official in that county, and a
telephone number at which a voter can obtain elections information in
that county.
(3) Be included on one portion of a multipart card, to be known as
a voter registration card, the other portions of which shall include
information sufficient to facilitate completion and mailing of the
affidavit. The affidavit portion of the multipart card shall be
numbered according to regulations adopted by the Secretary of State.
For purposes of facilitating the distribution of voter registration
cards as provided in Section 2158, there shall be attached to the
affidavit portion a receipt. The receipt shall be separated from the
body of the affidavit by a perforated line.
(4) Contain, in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement identical or
substantially similar to the following:
"Certain voters facing life-threatening situations may qualify for
confidential voter status. For more information, please contact the
Secretary of State's Safe At Home program or visit the Secretary of
State's Web site."
(5) Contain, in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement that the use of
voter registration information for commercial purposes is a
misdemeanor pursuant to subdivision (a) of Section 2194 and Section
18109, and any suspected misuse shall be reported to the Secretary of
State.
(6) Contain a toll-free fraud hotline telephone number maintained
by the Secretary of State that the public may use to report suspected
fraudulent activity concerning misuse of voter registration
information.
(7) Be returnable to the county elections official as a
self-enclosed mailer with postage prepaid by the Secretary of State.
(b) Nothing contained in this division shall prevent the use of
voter registration cards and affidavits of registration in existence
on the effective date of this section and produced pursuant to
regulations of the Secretary of State, and all references to voter
registration cards and affidavits in this division shall be applied
to the existing voter registration cards and affidavits of
registration.
(c) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to this section or Section
2150.
(d) An affidavit of registration shall not be submitted
electronically on a county's Internet Web site. However, a county may
provide a hyperlink on the county's Internet Web site to the
Secretary of State's electronic voter registration system.
SEC. 31. Section 2158 of the Elections Code is amended to read:
2158. County elections officials shall do all of the following:
(a) Provide voter registration cards designed pursuant to
subdivision (a) of Section 2157 for the registration of voters at his
or her office and in a sufficient number of locations throughout the
county for the convenience of persons desiring to register, to the
end that registration may be maintained at a high level. The cards
shall be available in all languages required by Section 203 (52
U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of
the federal Voting Rights Act of 1965.
(b) Provide voter registration cards designed pursuant to
subdivision (a) of Section 2157 in sufficient quantities to any
individuals or organizations that wish to distribute the cards other
than to persons who have been convicted of violating this section
within the last five years. Individuals and organizations shall be
permitted to distribute voter registration cards anywhere within the
county.
(1) An individual or organization that distributes voter
registration cards designed pursuant to subdivision (a) of Section
2157 shall obtain the voter registration cards from the county
elections official or the Secretary of State. The individual or
organization shall comply with all applicable regulations established
by the Secretary of State when distributing the cards.
(2) If, after completing his or her voter registration card, an
elector entrusts it to another person, the latter shall sign and date
the attached, numbered receipt indicating his or her address and
telephone number, if any, and give the receipt to the elector.
Failure to comply with this paragraph shall not cause the
invalidation of the registration of a voter.
(3) An individual or organization that distributes voter
registration cards designed pursuant to subdivision (a) of Section
2157 shall give a voter registration card to any elector requesting
it, provided that the individual or organization has a sufficient
number of cards.
(4) If distribution of voter registration cards pursuant to this
subdivision is undertaken by mailing cards to persons who have not
requested the cards, the person mailing the cards shall enclose a
cover letter or other notice with each card instructing the
recipients to disregard the cards if they are currently registered
voters.
(c) Mail a voter registration card immediately to a person who
wishes to register to vote and requests a voter registration card.
SEC. 32. Section 2160 of the Elections Code is repealed.
SEC. 33. Section 2163 of the Elections Code is amended to read:
2163. The Secretary of State shall prepare an appropriate voter
registration logo that may be displayed by offices, stores, and other
establishments indicating the availability of voter registration for
the public. The Secretary of State, upon request, shall provide
these logos free of charge to any interested person or organization.
SEC. 34. Section 2165 of the Elections Code is amended to read:
2165. Affidavits of registration shall be processed immediately.
SEC. 35. Section 2166 of the Elections Code is amended to read:
2166. (a) Any person filing with the county elections official a
new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and email address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon order
of a superior court issued upon a showing of good cause that a
life-threatening circumstance exists to the voter or a member of the
voter's household, and naming the county elections official as a
party.
(b) Any person granted confidential voter status under subdivision
(a) shall:
(1) Provide a valid mailing address and be considered a vote by
mail voter for all subsequent elections or until the county elections
official is notified otherwise by the court or in writing by the
voter. A voter requesting termination of vote by mail status thereby
consents to placement of his or her residence address, telephone
number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or
index shall exclude voters with a confidential voter status.
(3) Within 60 days of moving to a new county, obtain an order from
the superior court of the new county pursuant to subdivision (a).
The elections official of the new county, upon notice of the
confidential voter moving into the county, shall do all of the
following:
(A) Contact the confidential voter and provide information
regarding the application for confidential voter status in the new
county.
(B) Honor the confidential voter status from the former county for
60 days from the date of notice.
(C) Pursuant to paragraph (2) of subdivision (b), exclude the
confidential voter in any list, roster, or index during the 60-day
period.
(D) Remove the confidential voter status if the new voter has not
provided a court order to the new county during the 60-day period.
(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information which is the subject of this section
unless by a showing of gross negligence or willfulness.
SEC. 36. Section 2166.5 of the Elections Code is amended to read:
2166.5. (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and email address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence, Sexual
Assault, and Stalking program pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code or
a participant in the Address Confidentiality for Reproductive Health
Care Service Providers, Employees, Volunteers, and Patients program
pursuant to Chapter 3.2 (commencing with Section 6215) of that
division.
(b) Any person granted confidential voter status under subdivision
(a) shall:
(1) Provide a valid mailing address and be considered a vote by
mail voter for all subsequent elections and all subsequent
reregistrations inside or outside the county until the county
elections official is notified otherwise by the Secretary of State or
in writing by the voter. A voter requesting termination of vote by
mail status thereby consents to placement of his or her residence
address, telephone number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or
index shall exclude voters with a confidential voter status.
(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
SEC. 37. Section 2166.7 of the Elections Code is amended to read:
2166.7. (a) If authorized by his or her county board of
supervisors, a county elections official shall, upon application of a
public safety officer, make confidential that officer's residence
address, telephone number, and email address appearing on the
affidavit of registration, in accordance with the terms and
conditions of this section.
(b) The application by the public safety officer shall contain a
statement, signed under penalty of perjury, that the person is a
public safety officer as defined in subdivision (f) and that a
life-threatening circumstance exists to the officer or a member of
the officer's family. The application shall be a public record.
(c) The confidentiality granted pursuant to subdivision (a) shall
terminate no more than two years after commencement, as determined by
the county elections official. The officer may submit a new
application for confidentiality pursuant to subdivision (a), and the
new request may be granted for an additional period of not more than
two years.
(d) Any person granted confidential voter status under subdivision
(a) shall:
(1) Provide a valid mailing address and be considered a vote by
mail voter for all subsequent elections or until the county elections
official is notified otherwise by the Secretary of State or in
writing by the voter. A voter requesting termination of vote by mail
status thereby consents to placement of his or her residence address,
telephone number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or
index, shall exclude voters with a confidential voter status.
(3) Within 60 days of moving to a new county, if available in the
new county, apply for confidential voter status pursuant to
subdivision (a). The elections official of the new county, upon
notice of the confidential voter moving into the county, shall do all
of the following:
(A) Contact the confidential voter and provide information
regarding the application for confidential voter status in the new
county.
(B) Honor the confidential voter status from the former county for
60-days from the date of notice.
(C) Pursuant to paragraph (2) of subdivision (b), exclude the
confidential voter in any list, roster, or index during the 60-day
period.
(D) Remove the confidential voter status if the new voter has not
obtained or cannot obtain confidential voter status pursuant to this
section in the new county during the 60-day period.
(e) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
(f) "A public safety officer" has the same meaning as defined in
subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the
Government Code.
SEC. 38. Section 2168 of the Elections Code is amended to read:
2168. The Secretary of State shall establish and maintain a
statewide system to facilitate the reporting of election results and
voter and candidate information, and to otherwise administer and
enhance election administration.
SEC. 39. Section 2180 of the Elections Code is repealed.
SEC. 40. Section 2181 of the Elections Code is repealed.
SEC. 41. Section 2182 of the Elections Code is repealed.
SEC. 42. Section 2183 of the Elections Code is amended to read:
2183. (a) The elections official shall supply an electronic copy,
or paper copy upon request, of the index and of supplements to the
index, necessary to bring it up to date, for all elections to be held
within the county. The county elections official shall also supply
copies of the index and supplements as may be requested by the
elections official of a city, school district, or other body. The
name of each voter whose affidavit of registration has been canceled
shall be removed from the index and supplement. The county elections
official may charge an amount sufficient to reimburse the county for
the expense incurred in preparing and furnishing the indexes of
registrations and supplements.
(b) (1) The index shall contain the name, address, residence
telephone number if furnished, and political party preference of each
voter, and also a ruled space to the left of each name, within which
to write, in figures, the line number designating the position of
the name of the voter on the roster of voters.
(2) The name shall include the given name and the middle name or
initials, if any. At the affiant's option, the given name may be
preceded by the designation "Miss," "Ms.," "Mrs.," or "Mr."
SEC. 43. Section 2184 of the Elections Code is amended to read:
2184. Upon request of any Member of the Legislature, of Congress,
or any candidate who is to be voted for in the county, in a city
therein, or in a political subdivision of either, or upon written
demand of his or her campaign committee, of any committee for or
against any proposed ballot measure, or of any committee for or
against any referendum or initiative measure for which legal
publication has been made, the county elections official shall
furnish to the Member of the Legislature, of Congress, or to either
the candidate or his or her campaign committee or to the ballot
measure committee the index of the registration for the primary and
general elections in which the Member of the Legislature or Congress
may participate as a candidate, or for the election in which the
candidate will participate, or the ballot measure will be voted upon,
at a charge of fifty cents ($0.50) per thousand names. All moneys
collected shall be deposited in the county treasury to the credit of
the general fund.
SEC. 44. Section 2185 of the Elections Code is amended to read:
2185. Upon written request of the chair or vice chair of a party
state central committee or of the chair of a party county central
committee, the county elections official shall furnish to each
committee, without charge therefor, the index of registration for the
primary and general elections, for any special election at which a
partisan office is to be filled, or for any statewide special
election. The county elections official shall furnish one copy per
election in an electronic form, or in paper form upon request, of the
indexes specified in this section.
SEC. 45. Section 2187 of the Elections Code is amended to read:
2187. (a) Each county elections official shall provide notice to
the Secretary of State that the following information is available:
(1) The total number of voters in the county.
(2) The number registered as preferring each qualified political
party.
(3) The number registered as preferring nonqualified parties.
(4) The number registered without choosing a political party
preference.
(5) The number of voters by political party preferences in each of
the following political subdivisions, located in whole or in part
within the county:
(A) A supervisorial district.
(B) Congressional district.
(C) Senate district.
(D) Assembly district.
(E) Board of Equalization district.
(F) Cities and unincorporated areas.
(b) The Secretary of State, within 30 days after receiving the
information specified in subdivision (a), shall compile a statewide
list showing the number of voters, by party preferences, in the state
and in each county, city, supervisorial district, Assembly district,
Senate district, and congressional district in the state. A copy of
this list shall be made available, upon request, to any elector in
this state.
(c) The county elections officials shall prepare the information
referenced in subdivision (a) and provide notice to the Secretary of
State at the following times:
(1) On the 135th day before each presidential primary and before
each direct primary, with respect to voters registered on the 154th
day before the primary election.
(2) Not less than 50 days prior to the primary election, with
respect to voters registered on the 60th day before the primary
election.
(3) Not less than seven days prior to the primary election, with
respect to voters registered before the 14th day prior to the primary
election.
(4) Not less than 102 days prior to each presidential general
election, with respect to voters registered before the 123rd day
before the presidential general election.
(5) Not less than 50 days prior to the general election, with
respect to voters registered on the 60th day before the general
election.
(6) Not less than seven days prior to the general election, with
respect to voters registered before the 14th day prior to the general
election.
(7) On or before March 1 of each odd-numbered year, with respect
to voters registered as of February 10.
(d) The Secretary of State may adopt regulations prescribing
additional regular reporting times, except that the total number of
reporting times in any one calendar year shall not exceed 12.
SEC. 46. Section 2188 of the Elections Code is amended to read:
2188. (a) Any application for voter registration information
available pursuant to law and maintained by the Secretary of State or
by the elections official of any county shall be made pursuant to
this section.
(b) The application shall set forth all of the following:
(1) The printed or typed name of the applicant in full.
(2) The complete residence address and complete business address
of the applicant, giving street and number. If no street or number
exists, a postal mailing address as well as an adequate designation
sufficient to readily ascertain the location.
(3) The telephone number of the applicant, if one exists.
(4) The number of the applicant's driver's license, state
identification card, or other identification approved by the
Secretary of State if the applicant does not have a driver's license
or state identification card.
(5) The specific information requested.
(6) A statement of the intended use of the information requested.
(c) If the application is on behalf of a person other than the
applicant, the applicant shall, in addition to the information
required by subdivision (b), set forth all of the following:
(1) The name of the person, organization, company, committee,
association, or group requesting the voter registration information,
including their complete mailing address and telephone number.
(2) The name of the person authorizing or requesting the applicant
to obtain the voter registration information.
(d) The elections official shall request the applicant to display
his or her identification for purposes of verifying that identifying
numbers of the identification document match those written by the
applicant on the application form.
(e) The applicant shall certify to the truth and correctness of
the content of the application, under penalty of perjury, with the
signature of his or her name at length, including given name, middle
name or initial, or initial and middle name. The applicant shall
state the date and place of execution of the declaration.
(f) Completed applications for voter registration information
shall be retained by the elections official for five years from the
date of application.
(g) This section shall not apply to requests for information by
elections officials for election purposes or by other public agencies
for governmental purposes.
(h) The Secretary of State may prescribe additional information to
be included in the application for voter registration information.
(i) A county may not provide information for any political
subdivision that is not wholly or partially contained within that
county.
SEC. 47. Section 2188.1 of the Elections Code is amended to
read:
2188.1. The Secretary of State may insert fictitious names of
voters into the voter registration information database as an
investigative and enforcement tool for determining inappropriate or
unauthorized uses of voter registration information.
SEC. 48. Section 2188.5 of the Elections Code is amended to read:
2188.5. (a) A person who requests voter information pursuant to
Section 2188 or who obtains signatures or other information collected
for an initiative, referendum, political party qualification, or
recall petition shall not send that information outside of the United
States or make it available in any way electronically to persons
outside the United States, including, but not limited to, access over
the Internet.
(b) For purposes of this section, "United States" includes each of
the several states of the United States, the District of Columbia,
and the territories and possessions of the United States.
SEC. 49. Section 2190 of the Elections Code is repealed.
SEC. 50. Section 2191 of the Elections Code is amended to read:
2191. Upon request, the elections official shall compile an
index, list, or file, by precinct, of all persons who voted in
previous elections. This information shall be compiled in conjunction
with the purge of voter registration files conducted pursuant to
Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that
information which is required to appear in the index as set forth in
Section 2183.
Any person, candidate, or committee who is entitled to obtain a
copy of any information contained in this article shall, upon written
request to the elections official, be entitled to obtain the index,
list, or file compiled pursuant to this section. The elections
official shall inform any recipient of this information as to whether
the index, list, or file includes a voting history of vote by mail
voters. The elections official may require the payment of a fee not
to exceed the cost of duplicating the information as a condition to
furnishing the information contained in this section.
SEC. 51. Section 2192 of the Elections Code is repealed.
SEC. 52. Section 2193 of the Elections Code is amended to read:
2193. The Secretary of State shall, from the information
furnished by the county elections officials pursuant to Section 2187,
identify possible duplicate voter registrations. Those voter
registrations determined to be duplicates shall be merged and the
voter registration bearing the most recent date shall be the active
record for that voter.
SEC. 53. Section 2194 of the Elections Code is amended to read:
2194. (a) Except as provided in Section 2194.1, the affidavit of
voter registration information identified in Section 6254.4 of the
Government Code:
(1) Shall be confidential and shall not appear on any computer
terminal, list, affidavit, duplicate affidavit, or other medium
routinely available to the public at the county elections official's
office.
(2) Shall not be used for any personal, private, or commercial
purpose, including, but not limited to:
(A) The harassment of any voter or voter's household.
(B) The advertising, solicitation, sale, or marketing of products
or services to any voter or voter's household.
(C) Reproduction in print, broadcast visual or audio, or display
on the Internet or any computer terminal unless pursuant to paragraph
(3).
(3) Shall be provided with respect to any voter, subject to the
provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any
candidate for federal, state, or local office, to any committee for
or against any initiative or referendum measure for which legal
publication is made, and to any person for election, scholarly,
journalistic, or political purposes, or for governmental purposes, as
determined by the Secretary of State.
(b) (1) Notwithstanding any other law, the California driver's
license number, the California identification card number, the social
security number, and any other unique identifier used by the State
of California for purposes of voter identification shown on the
affidavit of voter registration of a registered voter, or added to
voter registration records to comply with the requirements of the
federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.),
are confidential and shall not be disclosed to any person.
(2) Notwithstanding any other law, the signature of the voter
shown on the affidavit of voter registration or an image thereof is
confidential and shall not be disclosed to any person, except as
provided in subdivision (c).
(c) (1) The home address or signature of any voter shall be
released whenever the person's vote is challenged pursuant to
Sections 15105 to 15108, inclusive, or Article 3 (commencing with
Section 14240) of Chapter 3 of Division 14. The address or signature
shall be released only to the challenger, to elections officials, and
to other persons as necessary to make, defend against, or adjudicate
the challenge.
(2) An elections official shall permit a person to view the
signature of a voter for the purpose of determining whether the
signature matches a signature on an affidavit of registration or an
image thereof or a petition, but shall not permit a signature to be
copied.
(d) A governmental entity, or officer or employee thereof, shall
not be held civilly liable as a result of disclosure of the
information referred to in this section, unless by a showing of gross
negligence or willfulness.
(e) For the purposes of this section, "voter's household" is
defined as the voter's place of residence or mailing address or any
persons who reside at the place of residence or use the mailing
address as supplied on the affidavit of registration pursuant to
paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 54. Section 2196 of the Elections Code is amended to read:
2196. (a) (1) Notwithstanding any other provision of law, a
person who is qualified to register to vote and who has a valid
California driver's license or state identification card may submit
an affidavit of voter registration electronically on the Internet Web
site of the Secretary of State.
(2) An affidavit submitted pursuant to this section is effective
upon receipt of the affidavit by the Secretary of State if the
affidavit is received on or before the last day to register for an
election to be held in the precinct of the person submitting the
affidavit.
(3) The affiant shall affirmatively attest to the truth of the
information provided in the affidavit.
(4) For voter registration purposes, the applicant shall
affirmatively assent to the use of his or her signature from his or
her driver's license or state identification card.
(5) For each electronic affidavit, the Secretary of State shall
obtain an electronic copy of the applicant's signature from his or
her driver's license or state identification card directly from the
Department of Motor Vehicles.
(6) The Secretary of State shall require a person who submits an
affidavit pursuant to this section to submit all of the following:
(A) The number from his or her California driver's license or
state identification card.
(B) His or her date of birth.
(C) The last four digits of his or her social security number.
(D) Any other information the Secretary of State deems necessary
to establish the identity of the affiant.
(7) Upon submission of an affidavit pursuant to this section, the
electronic voter registration system shall provide for immediate
verification of both of the following:
(A) That the applicant has a California driver's license or state
identification card and that the number for that driver's license or
identification card provided by the applicant matches the number for
that person's driver's license or identification card that is on file
with the Department of Motor Vehicles.
(B) That the date of birth provided by the applicant matches the
date of birth for that person that is on file with the Department of
Motor Vehicles.
(8) The Secretary of State shall employ security measures to
ensure the accuracy and integrity of voter registration affidavits
submitted electronically pursuant to this section.
(b) The Department of Motor Vehicles shall utilize the electronic
voter registration system required by this section to comply with its
duties and responsibilities as a voter registration agency pursuant
to the federal National Voter Registration Act of 1993 (52 U.S.C.
Sec. 20501 et seq.).
(c) The Department of Motor Vehicles and the Secretary of State
shall maintain a process and the infrastructure to allow the
electronic copy of the applicant's signature and other information
required under this section that is in the possession of the
department to be transferred to the Secretary of State and to the
county election management systems to allow a person who is qualified
to register to vote in California to register to vote under this
section.
(d) If an applicant cannot electronically submit the information
required pursuant to paragraph (6) of subdivision (a), he or she
shall nevertheless be able to complete the affidavit of voter
registration electronically on the Secretary of State's Internet Web
site, print a hard copy of the completed affidavit, and mail or
deliver the hard copy of the completed affidavit to the Secretary of
State or the appropriate county elections official.
SEC. 55. Section 2200 of the Elections Code is amended to read:
2200. The registration of a voter is permanent for all purposes
during his or her life, unless and until the affidavit of
registration is canceled by the Secretary of State or the county
elections official for any of the causes specified in this article.
SEC. 56. Section 2201 of the Elections Code is amended to read:
2201. (a) The county elections official shall cancel the
registration in the following cases:
(1) At the signed, written request of the person registered.
(2) When the mental incompetency of the person registered is
legally established as provided in Sections 2208, 2209, 2210, and
2211.
(3) Upon proof that the person is presently imprisoned or on
parole for conviction of a felony.
(4) Upon the production of a certified copy of a judgment
directing the cancellation to be made.
(5) Upon the death of the person registered.
(6) Pursuant to Article 2 (commencing with Section 2220).
(7) Upon official notification that the voter is registered to
vote in another state.
(8) Upon proof that the person is otherwise ineligible to vote.
(b) The Secretary of State may cancel the registration in the
following cases:
(1) When the mental incompetency of the person registered is
legally established as provided in Sections 2208, 2209, 2210, and
2211.
(2) Upon proof that the person is presently imprisoned or on
parole for the conviction of a felony.
(3) Upon the death of the person registered.
SEC. 57. Section 2202 of the Elections Code is amended to read:
2202. (a) The county elections official shall preserve all
uncanceled affidavits of registration in a secure manner that will
protect the confidentiality of the voter information consistent with
Section 2194.
The affidavits of registration shall constitute the register
required to be kept by Article 5 (commencing with Section 2183) of
Chapter 2.
(b) In lieu of maintaining uncanceled affidavits of registration,
the county elections official may microfilm, record on optical disc,
or record on any other electronic medium that does not permit
additions, deletions, or changes to the original document, the
uncanceled affidavits of registration. Any such use of an electronic
medium to record uncanceled affidavits shall protect the security and
confidentiality of the voter information. The county elections
official may dispose of any uncanceled affidavits of registration
transferred pursuant to this section. The disposal of any uncanceled
affidavits shall be performed in a manner that does not compromise
the security or confidentiality of the voter information contained
therein. For purposes of this section, a duplicate copy of an
affidavit of registration shall be deemed an original. The Secretary
of State may adopt appropriate regulations for the purpose of this
section.
SEC. 58. Section 2203 of the Elections Code is repealed.
SEC. 59. Section 2204 of the Elections Code is repealed.
SEC. 60. Section 2206 of the Elections Code is amended to read:
2206. The Secretary of State shall adopt regulations to
facilitate the availability of death statistics from the State
Department of Health Services. The data shall be used by the
Secretary of State or county elections officials in canceling the
affidavit of registration of deceased persons.
SEC. 61. Section 2208 of the Elections Code is amended to read:
2208. (a) A person shall be deemed mentally incompetent, and
therefore disqualified from voting, if, during the course of any of
the proceedings set forth below, the court finds that the person is
not capable of completing an affidavit of voter registration in
accordance with Section 2150 and any of the following apply:
(1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400) of
the Probate Code.
(2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5 of the Welfare and Institutions Code.
(3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to stand
trial, and the person's trial or judgment has been suspended pursuant
to Section 1370 of the Penal Code.
(4) A person has plead not guilty by reason of insanity, has been
found to be not guilty pursuant to Section 1026 of the Penal Code,
and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is
heard by a jury, the jury shall unanimously find that the person is
not capable of completing an affidavit of voter registration before
the person shall be disqualified from voting.
(c) If an order establishing a conservatorship is made and in
connection with the order it is found that the person is not capable
of completing an affidavit of voter registration, the court shall
forward the order and determination to the Secretary of State and the
county elections official of the person's county of residence in the
format prescribed by the Secretary of State.
(d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:
(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.
(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.
(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.
SEC. 61.5. Section 2208 of the Elections Code is amended to read:
2208. (a) A person is presumed competent to vote regardless of
his or her conservatorship status. A person shall be deemed mentally
incompetent, and therefore disqualified from voting, if, during the
course of any of the proceedings set forth below, the court finds by
clear and convincing evidence that the person cannot communicate,
with or without reasonable accommodations, a desire to participate in
the voting process, and any of the following apply:
(1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400) of
the Probate Code.
(2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5 of the Welfare and Institutions Code.
(3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to stand
trial, and the person's trial or judgment has been suspended pursuant
to Section 1370 of the Penal Code.
(4) A person has pleaded not guilty by reason of insanity, has
been found to be not guilty pursuant to Section 1026 of the Penal
Code, and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is
heard by a jury, the jury shall unanimously find by clear and
convincing evidence that the person cannot communicate, with or
without reasonable accommodations, a desire to participate in the
voting process before the person shall be disqualified from voting.
(c) If an order establishing a conservatorship is made and in
connection with the order it is found by clear and convincing
evidence that the person cannot communicate, with or without
reasonable accommodations, a desire to participate in the voting
process, the court shall forward the order and determination to the
Secretary of State and the county elections official of the person's
county of residence in the format prescribed by the Secretary of
State.
(d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:
(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.
(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.
(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.
(4) Completes the affidavit of voter registration with reasonable
accommodations.
SEC. 62. Section 2209 of the Elections Code is amended to read:
2209. (a) For conservatorships established pursuant to Division 4
(commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with Section
1850) of Part 3 of Division 4 of the Probate Code, review the person'
s capability of completing an affidavit of voter registration in
accordance with Section 2150.
(b) (1) If the person had been disqualified from voting by reason
of being incapable of completing an affidavit of voter registration,
the court investigator shall determine whether the person has become
capable of completing the affidavit in accordance with Section 2150
and subdivision (d) of Section 2208, and the investigator shall so
inform the court.
(2) If the investigator finds that the person is capable of
completing the affidavit in accordance with Section 2150 and
subdivision (d) of Section 2208, the court shall hold a hearing to
determine whether the person is in fact capable of completing the
affidavit. If the person is found to be capable of completing the
affidavit, the person's right to register to vote shall be restored,
and the court shall so notify the Secretary of State and the county
elections official in the format prescribed by the Secretary of
State.
(c) If the person had not been found to be incapable of completing
an affidavit of voter registration, and the court investigator
determines that the person is no longer capable of completing the
affidavit in accordance with Section 2150 and subdivision (d) of
Section 2208, the investigator shall so notify the court. The court
shall hold a hearing to determine whether the person is capable of
completing an affidavit of voter registration in accordance with
Section 2150 and subdivision (d) of Section 2208. If the court
determines that the person is not so able, the court shall order the
person to be disqualified from voting pursuant to Section 2208, and
the court shall so notify the Secretary of State and the county
elections official in the format prescribed by the Secretary of
State.
SEC. 62.5. Section 2209 of the Elections Code is amended to read:
2209. (a) For conservatorships established pursuant to Division 4
(commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with Section
1850) of Part 3 of Division 4 of the Probate Code, review the person'
s capability of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
(b) If the person has been disqualified from voting by reason of
being incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, or by
reason of being incapable of completing an affidavit of voter
registration, the court investigator shall determine if the person
continues to be incapable of communicating, with or without
reasonable accommodations, a desire to participate in the voting
process, and the investigator shall so inform the court. If the
investigator determines that the person continues to be incapable of
communicating, with or without reasonable accommodations, a desire to
participate in the voting process, a court hearing on the issue is
unnecessary. If the investigator finds that the person is not
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, the
court shall hold a hearing to determine if, by clear and convincing
evidence, the person cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process. Unless
the person is found incapable of communicating that desire, the
person's right to register to vote shall be restored, and the court
shall so notify the Secretary of State and the county elections
official in the format prescribed by the Secretary of State.
(c) If the person has not been found incapable of communicating,
with or without reasonable accommodations, a desire to participate in
the voting process, and the court investigator determines that the
person is no longer capable of communicating that desire, the
investigator shall so notify the court. The court shall hold a
hearing to determine if, by clear and convincing evidence, the person
cannot communicate, with or without reasonable accommodations, a
desire to participate in the voting process. If the court determines
that the person cannot communicate that desire, the court shall order
the person to be disqualified from voting pursuant to Section 2208,
and the court shall so notify the Secretary of State and the county
elections official in the format prescribed by the Secretary of
State.
SEC. 63. Section 2210 of the Elections Code is amended to read:
2210. (a) If the person or the person and estate is under a
conservatorship established pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code, the person may contest his or her disqualification from voting
pursuant to the procedure set forth in Section 5358.3 of the Welfare
and Institutions Code.
(b) When the conservatorship described in subdivision (a)
terminates after one year, the person's right to register to vote
shall also be automatically restored and notification shall be made
to the Secretary of State and the county elections official in the
format prescribed by the Secretary of State. If a petition is filed
for the reappointment of the conservator, a new determination shall
be made as to whether the person should be disqualified from voting.
(c) If the right to vote is restored pursuant to Section 5358.3 of
the Welfare and Institutions Code or if the conservatorship is
terminated in a proceeding held pursuant to Section 5364 of the
Welfare and Institutions Code, the court shall notify the Secretary
of State and the county elections official of the person's county of
residence in the format prescribed by the Secretary of State that the
person's right to register to vote is restored.
SEC. 64. Section 2211 of the Elections Code is amended to read:
2211. (a) Any person who (1) has plead not guilty by reason of
insanity and who has been found to be not guilty pursuant to Section
1026 of the Penal Code, (2) has been found incompetent to stand trial
and whose trial or judgment has been suspended pursuant to Section
1370 of the Penal Code, (3) has been convicted of a felony and who
was judicially determined to be a mentally disordered sex offender
pursuant to former Section 6300 of the Welfare and Institutions Code,
as repealed by Chapter 928 of the Statutes of 1981, or (4) has been
convicted of a felony and is being treated at a state hospital
pursuant to Section 2684 of the Penal Code shall be disqualified from
voting or registering to vote during that time that the person is
involuntarily confined, pursuant to a court order, in a public or
private facility.
(b) Upon the order of commitment to a treatment facility referred
to in subdivision (a), the court shall notify the Secretary of State
and the county elections official of the person's county of residence
in the format prescribed by the Secretary of State and order the
person to be disqualified from voting or registering to vote.
(c) If the person is later released from the public or private
treatment facility, the court shall notify the Secretary of State and
the county elections official of the person's county of residence in
the format prescribed by the Secretary of State that the right of
the person to register to vote is restored.
SEC. 65. Section 2212 of the Elections Code is amended to read:
2212. The clerk of the superior court of each county, on the
basis of the records of the court, shall furnish to the Secretary of
State and the county elections official in the format prescribed by
the Secretary of State, not less frequently than the first day of
every month, a statement showing the names, addresses, and dates of
birth of all persons who have been convicted of felonies since the
clerk's last report. The Secretary of State or county elections
official shall cancel the affidavits of registration of those persons
who are currently imprisoned or on parole for the conviction of a
felony. The clerk shall certify the statement under the seal of the
court.
SEC. 66. Section
2221 of the Elections Code is amended to read:
2221. (a) Based on the postal notices on the returned residency
confirmation postcards received pursuant to Section 2220, the county
elections official shall take the following actions:
(1) The affidavits of registration of persons whose residency
confirmation postcards are returned by the post office as
undeliverable and who have no forwarding address shall be placed in
the inactive file pursuant to paragraph (2) of subdivision (a) of
Section 2226. These persons shall be mailed the confirmation notices
described in subdivision (c) of Section 2225.
(2) The affidavits of registration of persons for whom forwarding
addresses within the county or outside the county are received shall
be immediately updated to reflect the new address provided by the
post office and the former address shall be maintained with the voter
record. These persons shall be mailed the confirmation notices
described in subdivision (b) of Section 2225.
(b) All updates to affidavits of registration made pursuant to
this section shall be reflected on the voter index as required by
Section 2191.
SEC. 67. Section 2224 of the Elections Code is amended to read:
2224. (a) If a voter has not voted in an election within the
preceding four years, and his or her residence address, name, or
party preference has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA or
sample ballot returns, but shall not be used in the residency
confirmation process conducted under Section 2220. The postcard shall
be forwardable, including a postage-paid and preaddressed return
form to enable the voter to verify or correct the address
information, and shall be in substantially the following form:
"If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars by
returning this postcard to your mail carrier."
"IMPORTANT NOTICE"
"According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in California you
must confirm your residency address in order to remain on the active
voter list and receive election materials in the mail."
"If confirmation has not been received within 15 days, you may be
required to provide proof of your residence address in order to vote
at future elections."
(b) The use of a toll-free number to confirm the old residence
address is optional. Any change to a voter's address shall be
received in writing.
(c) A county using the alternate residency confirmation procedure
shall notify all voters of the procedure in the sample ballot
pamphlet or in a separate mailing.
SEC. 68. Section 2225 of the Elections Code is amended to read:
2225. (a) Based on change-of-address data received from the
United States Postal Service or its licensees, the county elections
official shall send a forwardable notice, including a postage-paid
and preaddressed return form, to enable the voter to verify or
correct address information.
Notification received through NCOA or Operation Mail that a voter
has moved and has given no forwarding address shall not require the
mailing of a forwardable notice to that voter.
(b) If postal service change-of-address data indicates that the
voter has moved to a new residence address in California, the
forwardable notice shall be in substantially the following form:
"We have received notification that you have moved to a new
residence address in California. You will be registered to vote at
your new address unless you notify our office within 15 days that the
address to which this card was mailed is not a change of your
permanent residence. You must notify our office by either returning
the attached postage-paid postcard, or by calling toll free. If this
is not a permanent residence, and if you do not notify us within 15
days, you may be required to provide proof of your residence address
in order to vote at future elections."
(c) If postal service change-of-address data received from a
nonforwardable mailing indicates that a voter has moved and left no
forwarding address, a forwardable notice shall be sent in
substantially the following form:
"We are attempting to verify postal notification that the voter to
whom this card is addressed has moved and left no forwarding
address. If the person receiving this card is the addressed voter,
please confirm your continued residence or provide current residence
information on the attached postage-paid postcard within 15 days. If
you do not return this card and continue to reside in California, you
may be required to provide proof of your residence address in order
to vote at future elections and, if you do not offer to vote at any
election in the period between the date of this notice and the second
federal general election following this notice, your voter
registration will be cancelled and you will have to reregister in
order to vote."
(d) The use of a toll-free number to confirm the old residence
address is optional. Any change to the voter address must be received
in writing.
SEC. 69. Section 2226 of the Elections Code is amended to read:
2226. (a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:
(1) If the information indicates the voter has moved to a new
residence address in California, the county elections official shall
immediately update the voter's registration.
(2) If the mailings have been returned as undeliverable, or if the
voter fails to confirm his or her address as required by Section
2224, the county elections official may place the voter's name on the
inactive file of registered voters who do not receive election
materials and are not included in calculations to determine the
number of signatures required for qualification of candidates and
measures, precinct size, or other election administration-related
processes.
(b) The voter registration of any voter whose name has been placed
on the inactive file of registered voters for failure to respond to
an address verification mailing required by Section 2225, and who
does not offer to vote or vote at any election between the date of
the mailing and two federal general elections after the date of that
mailing, may be canceled.
(c) Any voter whose name has been placed on the inactive file of
registered voters and offers to vote at any election between the date
of the verification notice, and two federal general elections after
the date of notice, or who notifies the elections official of a
continued residency, shall be removed from the inactive file and
placed on the active voter file.
(d) All address updates, cancellations, and inactive transactions
made to the voter registration file pursuant to this section shall be
reflected on the voter index as required by Section 2191.
SEC. 70. Section 2227 of the Elections Code is amended to read:
2227. (a) In lieu of mailing a residency confirmation postcard,
as prescribed in subdivision (a) of Section 2220, the county
elections official may contract with a consumer credit reporting
agency or its licensees to obtain use of change-of-address data in
accordance with this section.
(b) If the county elections official contracts with a consumer
credit reporting agency or its licensees pursuant to subdivision (a),
all of the following shall occur:
(1) For each registered voter in the county, the county elections
official shall initiate a search for change-of-address data with the
consumer credit reporting agency or its licensees by providing the
name and residence address of each registered voter in the county to
the consumer credit reporting agency or its licensees.
(2) The consumer credit reporting agency or its licensees shall
search their databases for each name and address provided by the
county elections official and shall report to the county elections
official any information indicating that the registered voter changed
his or her residence address.
(c) (1) Notwithstanding Section 2194 of this code or Section
6254.4 of the Government Code, and except as provided in paragraph
(2), a county elections official may disclose a registered voter's
name and residence address to a consumer credit reporting agency or
its licensees pursuant to, and in accordance with, this section.
(2) A county elections official shall not disclose to a consumer
credit reporting agency or its licensees the name and residence
address of a registered voter if that information is deemed
confidential pursuant to Section 2166, 2166.5, or 2166.7 of this
code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of
Title 1 of the Government Code.
(d) A consumer credit reporting agency or its licensees shall use
the information provided by a county elections official only pursuant
to paragraph (2) of subdivision (b), and shall not retain any
information received from the county elections official pursuant to
this section.
(e) Based on change-of-address data received from a consumer
credit reporting agency or its licensees, the county elections
official shall send a forwardable notice, including a postage-paid
and preaddressed return form, which may be in the form of a postcard,
to the registered voter to enable the voter to verify or correct
address information. The forwardable notice shall be in substantially
the following form:
"We have received notification that you have moved to a new
residence address in ____ County. You will remain registered to vote
at your old address unless you notify our office that the address to
which this card was mailed is a change of your permanent residence.
Please notify our office in writing by returning the attached
postage-paid postcard. If this is not a permanent residence, and you
do not wish to change your address for voting purposes, please
disregard this notice."
(f) The county elections official shall take all of the following
actions as appropriate:
(1) If a voter responds to the forwardable notice sent pursuant to
subdivision (e) or otherwise verifies in a signed writing that he or
she has moved to a new residence address in California, the county
elections official shall verify the signature on the response by
comparing it to the signature on file for the voter and, if
appropriate, immediately update the voter's registration with the new
residence address.
(2) If a voter does not respond to the forwardable notice sent
pursuant to subdivision (e) and does not otherwise verify in a signed
writing that he or she has moved to a new residence address, the
elections official shall not place the voter's name on the inactive
file of registered voters or cancel the voter registration.
(g) For purposes of this section, "consumer credit reporting
agency" has the same meaning as set forth in subdivision (d) of
Section 1785.3 of the Civil Code.
SEC. 71. Section 3009 of the Elections Code is amended to read:
3009. (a) Upon receipt of any vote by mail ballot application
signed by the voter that arrives within the proper time, the
elections official should determine if the signature and residence
address on the ballot application appear to be the same as that on
the original affidavit of registration. The elections official may
make this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot is
canvassed.
(b) If the elections official deems the applicant entitled to a
vote by mail voter's ballot he or she shall deliver by mail or in
person the appropriate ballot. The ballot may be delivered to the
applicant, his or her spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in the same household as the vote
by mail voter, except that in no case shall the ballot be delivered
to an individual under 16 years of age. The elections official shall
deliver the vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail voter only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant and his or her relationship to the
applicant, and affirms that he or she is 16 years of age or older,
and is authorized by the applicant to deliver the vote by mail
ballot.
(c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections
official is able to ascertain the voter's address, the elections
official shall, within one working day of receiving the application,
mail the voter a vote by mail voter's ballot together with a notice.
The notice shall inform the voter that the voter's vote by mail voter'
s ballot shall not be counted unless the applicant provides the
elections official with the missing information or corrects the
defects prior to, or at the time of, receipt of the voter's executed
vote by mail voter's ballot. The notice shall specifically inform the
voter of the information that is required or the reason for the
defects in the application, and shall state the procedure necessary
to remedy the defective application.
If the voter substantially complies with the requirements
contained in the elections official's notice, the voter's ballot
shall be counted.
In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections
official or registrar of voters may use facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
SEC. 72. Section 3010 of the Elections Code is amended to read:
3010. The elections official shall deliver to each qualified
applicant:
(a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party for which the voter has disclosed
a preference, if any.
(b) All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered
to any voter under this chapter.
SEC. 73. Section 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party preference may not be stamped or printed on the identification
envelope.
SEC. 74. Section 3019 of the Elections Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine whether the signatures
compare:
(1) The signature appearing on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature, that is part of the
voter's registration record, and that the elections official has
determined compares with the signature on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
The elections official may make this determination by reviewing a
series of signatures appearing on official forms in the voter's
registration record that have been determined to compare, that
demonstrates the progression of the voter's signature, and makes
evident that the signature on the identification envelope is that of
the voter.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use facsimiles of voters' signatures, provided
that the method of preparing and displaying the facsimiles complies
with the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official is authorized to use signature verification technology. If
signature verification technology determines the signatures do not
compare, the elections official shall not reject the ballot unless he
or she visually examines the signatures and verifies that the
signatures do not compare.
(f) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be
rejected for cause after the identification envelope has been opened.
SEC. 74.5. Section 3019 of the Elections Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine if the signatures compare:
(1) The signature appearing on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature and that is part of the
voter's registration record.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use facsimiles of voters' signatures, provided
that the method of preparing and displaying the facsimiles complies
with the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official may use signature verification technology. If signature
verification technology determines the signatures do not compare, the
elections official shall not reject the ballot unless he or she
visually examines the signatures and verifies that the signatures do
not compare.
(f) (1) (A) Notwithstanding any other law, if an elections
official determines that a voter has failed to sign the
identification envelope, the elections official shall not reject the
vote by mail ballot if the voter does any of the following:
(i) Signs the identification envelope at the office of the
elections official during regular business hours before 5 p.m. on the
eighth day after the election.
(ii) Before 5 p.m. on the eighth day after the election, completes
and submits an unsigned ballot statement in substantially the
following form:
""UNSIGNED BALLOT STATEMENT
I,__, am a registered voter of __________ County,
State of California. I do solemnly swear (or
affirm) that I requested and returned a vote by
mail ballot and that I have not and will not
vote more than one ballot in this election. I
understand that if I commit or attempt any fraud
in connection with voting, or if I aid or abet
fraud or attempt to aid or abet fraud in
connection with voting, I may be convicted of a
felony punishable by imprisonment for 16 months
or two or three years. I understand that my
failure to sign this statement means that my
vote by mail ballot will be invalidated.
______________________
Voter's Signature
___________________
Address''
(iii) Before the close of the polls on election day, completes and
submits an unsigned ballot statement, in the form described in
clause (ii), to a polling place within the county or a ballot dropoff
box.
(B) If timely submitted, the elections official shall accept any
completed unsigned ballot statement. Upon receipt of the unsigned
ballot statement, the elections official shall compare the voter's
signature on the statement in the manner provided by this section.
(i) If the elections official determines that the signatures
compare, he or she shall attach the unsigned ballot statement to the
identification envelope and deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(ii) If the elections official determines that the signatures do
not compare, the identification envelope shall not be opened and the
ballot shall not be counted.
(C) An elections official may use methods other than those
described in subparagraph (A) to obtain a voter's signature on an
unsigned identification envelope.
(2) Instructions shall accompany the unsigned ballot statement in
substantially the following form:
""READ THESE INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE STATEMENT. FAILURE TO FOLLOW
THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
COUNT.
1. In order to ensure that your vote by mail
ballot will be counted, your statement should be
completed and returned as soon as possible so
that it can reach the elections official of the
county in which your precinct is located no
later than 5 p.m. on the eighth day after the
election.
2. You must sign your name on the line above
(Voter's Signature).
3.Place the statement into a mailing envelope
addressed to your local elections official.
Mail, deliver, or have delivered the completed
statement to the elections official. Be sure
there is sufficient postage if mailed and
that the address of the elections official is
correct.
4. Alternatively, you may submit your completed
statement by facsimile transmission to your
local elections official, or submit your
completed statement to a polling place within
the county or a ballot dropoff box before the
close of the polls on election day.
(3) An elections official shall include the unsigned ballot
statement and instructions described in this subdivision on his or
her Internet Web site, and shall provide the elections official's
mailing address and facsimile transmission number on the Internet Web
page containing the statement and instructions.
(g) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be
rejected for cause after the identification envelope has been opened.
SEC. 75. Section 8401 of the Elections Code is amended to read:
8401. (a) Upon receiving the nomination paper if, from the
examination of such pursuant to Section 8400, more than 500
signatures have been signed on the nomination paper petition, the
elections official may use a random sampling technique for
verification of signatures. The random sample of signatures to be
verified shall be drawn in such a manner that every signature filed
with the elections official shall be given an equal opportunity to be
included in the sample. The random sampling shall include an
examination of at least 500 or 5 percent of the signatures, whichever
is greater.
(b) If the statistical sampling shows that the number of valid
signatures is within 90 to 110 percent of the number of signatures of
qualified voters needed to declare the nomination paper sufficient,
the elections official shall examine and verify each signature filed.
(c) In determining from the records of registration, what number
of valid signatures are signed on the nomination paper, the elections
official may check the signatures against facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles is permitted by law.
(d) The elections official shall attach to the nomination paper, a
certificate showing the result of this examination, and shall notify
the candidate of either the sufficiency or insufficiency of the
nomination paper.
(e) If the nomination paper is found insufficient, no action shall
be taken on the nomination paper. However, the failure to secure
sufficient signatures, shall not preclude the submission later of an
entirely new nomination paper to the same effect.
(f) If the nomination paper is found to be sufficient, the
elections official shall certify the results of the examination.
SEC. 76. Section 9030 of the Elections Code is amended to read:
9030. (a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all
sections circulated in any county or city and county shall be filed
at the same time. Once filed, no petition section shall be amended
except by order of a court of competent jurisdiction.
(b) Within eight days after the filing of the petition, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the total number of signatures affixed to the petition and
shall transmit this information to the Secretary of State. If the
total number of signatures filed with all elections officials is less
than 100 percent of the number of qualified voters required to find
the petition sufficient, the Secretary of State shall so notify the
proponents and the elections officials, and no further action shall
be taken with regard to the petition.
(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed to
declare the petition sufficient, the Secretary of State shall
immediately so notify the elections officials.
(d) Within 30 days after this notification, excluding Saturdays,
Sundays, and holidays, the elections official shall determine the
number of qualified voters who have signed the petition. If more than
500 names have been signed on sections of the petition filed with an
elections official, the elections official shall use a random
sampling technique for verification of signatures, as determined by
the Secretary of State. The random sample of signatures to be
verified shall be drawn in such a manner that every signature filed
with the elections official shall be given an equal opportunity to be
included in the sample. The random sampling shall include an
examination of at least 500 or 3 percent of the signatures, whichever
is greater. In determining from the records of registration what
number of qualified voters have signed the petition, the elections
official may use any facsimiles of voters' signatures provided that
the method of preparing and displaying the facsimiles complies with
law.
(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated certificate, showing
the result of the examination, and shall immediately transmit the
petition and the certificate to the Secretary of State. A copy of
this certificate shall be filed in the elections official's office.
(f) If the certificates received from all elections officials by
the Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed to
find the petition sufficient, the petition shall be deemed to have
failed to qualify, and the Secretary of State shall immediately so
notify the proponents and the elections officials.
(g) If the certificates received from all elections officials by
the Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient, the
Secretary of State shall certify that the measure is qualified for
the ballot as provided in Section 9033.
SEC. 77. Section 9114 of the Elections Code is amended to read:
9114. Except as provided in Section 9115, within 30 days from the
date of filing of the petition, excluding Saturdays, Sundays, and
holidays, the elections official shall examine the petition, and from
the records of registration ascertain whether or not the petition is
signed by the requisite number of voters. A certificate showing the
results of this examination shall be attached to the petition.
In determining the number of valid signatures, the elections
official may check the signatures against facsimiles of voters'
signatures provided that the method of preparing and displaying the
facsimiles complies with law.
The elections official shall notify the proponents of the petition
as to the sufficiency or insufficiency of the petition.
If the petition is found insufficient, no further action shall be
taken. However, the failure to secure sufficient signatures, shall
not preclude the filing of a new petition on the same subject, at a
later date.
If the petition is found sufficient, the elections official shall
certify the results of the examination to the board of supervisors at
the next regular meeting of the board.
SEC. 78. Section 9115 of the Elections Code is amended to read:
9115. (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9114 shows that more than 500
signatures have been signed on the petition, the elections official
may use a random sampling technique for verification of signatures.
The random sample of signatures to be verified shall be drawn so that
every signature filed with the elections official shall be given an
equal opportunity to be included in the sample. The random sampling
shall include an examination of at least 500, or 3 percent of the
signatures, whichever is greater.
(b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
elections official shall, within 60 days from the date of the filing
of the petition, excluding Saturdays, Sundays, and holidays, examine
and verify the signatures filed. If the elections official
determines, prior to completing the examination of each signature
filed, that the petition is signed by the requisite number of
qualified voters to declare the petition sufficient, the elections
official may terminate the verification of the remaining unverified
signatures.
(c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the elections
official may check the signatures against facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
(d) The elections official shall attach to the petition a
certificate showing the result of this examination and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
(e) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
(f) If the petition is found to be sufficient, the elections
official shall certify the results of the examination to the board of
supervisors at the next regular meeting of the board.
SEC. 79. Section 9308 of the Elections Code is amended to read:
9308. (a) Except as provided in Section 9309, within 30 days from
the date of filing of the petition, excluding Saturdays, Sundays,
and holidays, the district elections official shall examine the
petition, and from the records of registration ascertain whether the
petition is signed by the requisite number of voters. A certificate
showing the results of this examination shall be attached to the
petition.
(b) In determining the number of valid signatures, the district
elections official may check the signatures against facsimiles of
voters' signatures, provided that the method of preparing and
displaying the facsimiles complies with law.
(c) The district elections official shall notify the proponents of
the petition as to the sufficiency or insufficiency of the petition.
(d) If the petition is found insufficient, no further action shall
be taken. However, the failure to secure sufficient signatures,
shall not preclude the filing of a new petition on the same subject,
at a later date.
(e) If the petition is found sufficient, the district elections
official shall certify the results of the examination to the
governing board of the district at the next regular meeting of the
board.
SEC. 80. Section 9309 of the Elections Code is amended to read:
9309. (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9308, more than 500 signatures have
been signed on the petition, the district elections official may use
a random sampling technique for verification of signatures. The
random sample of signatures to be verified shall be drawn in such a
manner that every signature filed with the elections official shall
be given an equal opportunity to be included in the sample. A random
sampling shall include an examination of at least 500 or 3 percent of
the signatures, whichever is greater.
(b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
district elections official, within 60 days from the date of the
filing of the petition, excluding Saturdays, Sundays, and holidays,
shall examine and verify each signature filed.
(c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the district
elections official may check the signatures against facsimiles of
voters' signatures, provided that the method of preparing and
displaying the facsimiles complies with law.
(d) The district elections official shall attach to the petition,
a certificate showing the result of this examination, and shall
notify the proponents of either the sufficiency or insufficiency of
the petition.
(e) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
(f) If the petition is found to be sufficient, the district
elections official shall certify the results of the examination to
the governing board of the district at the next regular meeting of
the board.
SEC. 81. Section 11224 of the Elections Code is amended to read:
11224. (a) Except as provided in Section 11225, within 30 days
from the date of filing of the petition, excluding Saturdays,
Sundays, and holidays, the elections official shall examine the
petition, and from the records of registration, ascertain whether or
not the petition is signed by the requisite number of voters. If the
elections official's examination shows that the number of valid
signatures is greater than the required number, the elections
official shall certify the petition to be sufficient. If the number
of valid signatures is less than the required number, the elections
official shall certify the petition to be insufficient.
(b) In determining the number of valid signatures, the elections
official may check the signatures against facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
(c) The elections official shall attach to the petition a
certificate showing the result of this examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
(d) If the petition is found sufficient, the elections official
shall certify the results of the examination to the governing board
at its next regular meeting.
SEC. 82. Section 11225 of the Elections Code is amended to read:
11225. (a) Within 30 days from the date of filing of the
petition, excluding Saturdays, Sundays, and holidays, if, from the
examination of petitions pursuant to Section 11222, more than 500
signatures have been signed on the petition, the elections official
may use a random sampling technique for verification of signatures.
The random sample of signatures to be verified shall be drawn in a
manner so that every signature filed with the elections official
shall have an equal opportunity to be included in the sample. The
random sampling shall include an examination of at least 500 or 5
percent of the signatures, whichever is greater.
(b) If the statistical sampling shows that the number of valid
signatures is greater than 110 percent of the required number, the
elections official shall certify the petition to be sufficient.
(c) If the statistical sampling shows that the number of valid
signatures is within 90 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
elections official shall examine and verify each signature filed. If
the elections official's examination of each signature shows that the
number of valid signatures is greater than the required number, the
elections official shall certify the petition to be sufficient. If
the number of valid signatures is less than the required number, the
elections official shall certify the petition to be insufficient.
(d) If the statistical sampling shows that the number of valid
signatures is less than 90 percent of the required number, the
elections official shall certify the petition to be insufficient.
(e) In determining from the records of registration the number of
valid signatures signed on the petition, the elections official may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
(f) The elections official shall attach to the petition, a
certificate showing the result of this examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
(g) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
(h) If the petition is found to be sufficient, the elections
official shall certify the results of the examination to the
governing body at its next regular meeting.
SEC. 83. Section 14202 of the Elections Code is amended to read:
14202. Before opening the polls, the precinct board shall post in
separate, convenient places at or near the polling place, and of
easy access to the voters, not less than two of the copies of the
index to the affidavits of registration for that precinct. The copies
of the index may be by street address in numerical order.
SEC. 84. Section 18104 of the Elections Code is amended to read:
18104. Any individual or organization having charge of affidavits
of registration is guilty of a misdemeanor who knowingly neglects or
refuses to return affidavits of registration as provided in Article
3 (commencing with Section 2135) of Chapter 2 of Division 2. The
county elections official shall report to the district attorney of
the county, under oath, the names of any individuals or organizations
who have failed to return the affidavits. The district attorney
shall take appropriate civil or criminal action.
SEC. 85. Section 18109 of the Elections Code is amended to read:
18109. (a) It is a misdemeanor for a person in possession of
information identified in Section 2138.5, or obtained pursuant to
Article 5 (commencing with Section 2183) of Chapter 2 of Division 2
of this code or Section 6254.4 of the Government Code, knowingly to
use or permit the use of all or any part of that information for any
purpose other than as permitted by law.
(b) It is a misdemeanor for a person knowingly to acquire
possession or use of voter registration information from the
Secretary of State or a county elections official without first
complying with Section 2188.
SEC. 86. (a) Section 27.5 of this bill incorporates amendments to
Section 2150 of the Elections Code, as amended by Section 8 of
Chapter 1 of the Statutes of 2009, proposed by both this bill and
Senate Bill 589. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2) each
bill amends Section 2150 of the Elections Code, and (3) this bill is
enacted after Senate Bill 589, in which case Section 27 of this bill
shall not become operative.
(b) Section 28.5 of this bill incorporates amendments to Section
2150 of the Elections Code, as amended by Section 3 of Chapter 619 of
the Statutes of 2014, proposed by both this bill and Senate Bill
589. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2016, (2) each bill amends
Section 2150 of the Elections Code, and (3) this bill is enacted
after Senate Bill 589, in which case Section 28 of this bill shall
not become operative.
(c) Section 61.5 of this bill incorporates amendments to Section
2208 of the Elections Code proposed by both this bill and Senate Bill
589. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2016, (2) each bill
amends Section 2208 of the Elections Code, and (3) this bill is
enacted after Senate Bill 589, in which case Section 61 of this bill
shall not become operative.
(d) Section 62.5 of this bill incorporates amendments to Section
2209 of the Elections Code proposed by both this bill and Senate Bill
589. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2016, (2) each bill
amends Section 2209 of the Elections Code, and (3) this bill is
enacted after Senate Bill 589, in which case Section 62 of this bill
shall not become operative.
(e) Section 74.5 of this bill incorporates amendments to Section
3019 of the Elections Code proposed by both this bill and Assembly
Bill 477. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2) each
bill amends Section 3019 of the Elections Code, and (3) this bill is
enacted after Assembly Bill 477, in which case Section 74 of this
bill shall not become operative.
SEC. 87. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 88. (a) This act shall become operative only if the Secretary
of State certifies that the state has a statewide voter registration
database that complies with the requirements of the federal Help
America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(b) Notwithstanding subdivision (a), any of Sections 27.5, 28.5,
61.5, 62.5, and 74.5 that becomes operative pursuant to Section 86
shall become operative on January 1, 2016.
