Bill Text: CA AB1308 | 2009-2010 | Regular Session | Amended
Bill Title: Elections: registration.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1308 Detail]
Download: California-2009-AB1308-Amended.html
BILL NUMBER: AB 1308 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Hagman
( Principal coauthor: Senator
Runner )
FEBRUARY 27, 2009
An act to amend Section 2101 Section
s 2101 and 2212 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1308, as amended, Hagman. Elections: registration.
Existing law specifies the qualifications for registration as a
voter and excludes from eligibility a person in prison or on parole
for the conviction of a felony and requires the elections
official to cancel the affidavit of registration of those persons
. Under existing law, a person who willfully allows himself or
herself, or another person, to register as a voter knowing that the
registration qualifications are not met, is guilty of a crime.
This bill would additionally make a person on probation for the
conviction of a felony not eligible to register to vote, and would
provide that a prohibition against voting is a condition of
imprisonment, parole, or probation for conviction of a felony
require elections officials to cancel the affidavit of
registration of those persons .
Because the bill would create new crimes, it 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 in prison or on parole or probation for the
conviction of a felony, and at least 18 years of age at the time of
the next election.
(b) A prohibition against voting while imprisoned for, or on
parole or probation for, the conviction of a felony shall be a
condition of that imprisonment, parole, or probation.
SEC. 2. 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 chief
elections official of the county, not less frequently than the first
day of April and the first day of September of each year, 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.
"Convicted of a felony" for purposes of this section means conviction
of a felony offense that results in incarceration in prison or
parole or felony probation. The elections official shall,
during the first week of April and the first week of September in
each year, cancel the affidavits of registration of those persons who
are currently imprisoned or on parole or probation for
the conviction of a felony. The clerk shall certify the statement
under the seal of the court.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because 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.
