Bill Text: CA AB1170 | 2013-2014 | Regular Session | Amended
Bill Title: Primary elections: party qualification.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1170 Detail]
Download: California-2013-AB1170-Amended.html
BILL NUMBER: AB 1170 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 22, 2013
An act to amend Sections 2224, 2226, and 2227
Section 5100 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1170, as amended, Donnelly. Voters: registration
cancellation. Primary elections: party qualification.
Existing law specifies the circumstances under which a political
party is qualified to participate in a primary election. Existing law
provides that a party is qualified if at the last preceding
gubernatorial election there was polled for any one of its
candidates, for any office voted on throughout the state, at least 2%
of the entire vote of the state.
This bill instead would limit the applicability of this 2%
threshold to the last preceding gubernatorial primary election. The
bill also would make technical, nonsubstantive changes.
Existing law requires the county elections official to conduct a
preelection residence confirmation procedure by mailing a specified
nonforwardable postcard to each registered voter of the county by the
90th day immediately prior to the direct primary election. In lieu
of mailing a residency confirmation postcard to each registered voter
in the county, existing law authorizes the county elections official
to contract with the United States Postal Service, a consumer credit
reporting agency, or its licensees to obtain change-of-address data.
Based on the data received, existing law requires the county
elections official to send an address verification notice to enable a
voter to verify or correct address information.
Existing law authorizes a county elections official to cancel 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 based upon change-of-address data
received from the United States Postal Service or its licensees and
who does not offer to vote or vote at any election between the date
of a specified address confirmation mailing and 2 federal general
elections after the date of that mailing. With regard to an address
verification notice based upon data received from a consumer credit
reporting agency or its licensees, existing law prohibits the
official from placing the voter's name on the inactive file of
registered voters or canceling the voter registration if the voter
does not respond to the verification notice and does not otherwise
verify that he or she has moved to a new residence address.
This bill would instead require a county elections official to
cancel the voter registration of a voter who fails to respond to an
address verification mailing sent in response to change-of-address
data received from the United States Postal Service, a consumer
credit reporting agency, or its licensees 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. The bill
would additionally modify the form of a specified residency
confirmation postcard to include information regarding the
circumstances in which a voter's registration will be canceled. By
imposing new duties on county elections officials, the bill would
impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5100 of the
Elections Code is amended to read:
5100. A party is qualified to participate in any primary election
under any of the following conditions:
(a) If at At the last preceding
gubernatorial primary election there was polled
for , any one of its the
candidates of the party for any office voted on
throughout the state , polled at least
2 percent of the entire vote of the state for that office
.
(b) If on On or before the 135th day
before any primary election, it appears to the Secretary of State,
as a result of examining and totaling the statement of voters and
their political affiliations preferences
transmitted to him or her by the county elections officials,
that voters equal in number to at least 1 percent of the entire vote
of the state at the last preceding gubernatorial election have
declared their intention to affiliate with
disclosed a preference for that party.
(c) If on On or before the 135th day
before any the primary election,
there is filed with the Secretary of State a
petition signed by voters, equal in number to at least 10 percent of
the entire vote of the state at the last preceding gubernatorial
election, is filed with the Secretary of State declaring
that they represent a proposed party, the name of which shall be
stated in the petition, which proposed party those voters desire to
have participate in that primary election. This petition shall be
circulated, signed, verified and the signatures of the voters on it
shall be certified to and transmitted to the Secretary of State by
the county elections officials substantially as provided for
initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words "Petition to participate in the
primary election."
SECTION 1. 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 affiliation 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 this county 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 and, if you do not appear or offer to vote at any
election in the period between the date of this notice and the
second federal general election after the date of this notice, your
voter registration will be canceled and you will have to reregister
in order to vote. If you no longer live in ____ County, you must
reregister at your new residence address in order to vote in the next
election. California residents may obtain a mail registration form
by calling the county elections office of the Secretary of State's
Office."
(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. 2. 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
address within the same county, the county elections official shall
update and correct the voter's registration.
(2) If the information indicates the voter has moved to a new
address in another county, 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 shall 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.
(3) If the voter verifies in writing that he or she has moved to a
residence address in another county, the county elections official
shall cancel the voter registration in the county from which the
voter has moved.
(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, shall 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 corrections, 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. 3. 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 within the same county, 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, correct the voter's registration with the new residence
address.
(2) 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 another county, 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, cancel the voter's registration in the county from which
the voter has moved.
(3) If a voter does not respond to the forwardable notice sent
pursuant to subdivision (e), does not otherwise verify in a signed
writing that he or she has moved to a new residence address, and does
not offer to vote or vote at any election between the date of the
forwardable notice and two federal general elections after the date
of the forwardable notice, the voter registration of the voter shall
be canceled.
(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. 4. If the Commission on State Mandates
determines that this act contains 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.
