Bill Text: CA AB1326 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Voter registration: action to compel registration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1326 Detail]

Download: California-2009-AB1326-Amended.html
BILL NUMBER: AB 1326	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2009
	AMENDED IN SENATE  JULY 9, 2009

INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 27, 2009

   An act to amend Section 2142 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1326, as amended, Huffman. Voter registration: action to compel
registration.
   Under existing law, if a county elections official refuses to
register a qualified elector or if a county elections official has
not registered a qualified elector who claims to have registered to
vote through the Department of Motor Vehicles or another agency
pursuant to the National Voter Registration Act of 1993, the elector
may file an action in the superior court to compel his or her
registration. Existing law prohibits the clerk of the superior court
from charging a fee for services related to the action.
   This bill would additionally authorize a qualified elector, or the
county elections official on the elector's behalf, who claims to
have completed an affidavit of registration and deposited that
affidavit with a 3rd party with the intent that the 3rd party timely
deliver the completed affidavit to the county elections official to
bring an action in the superior court to compel registration.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2142 of the Elections Code is amended to read:
   2142.  (a) If the county elections official refuses to register a
qualified elector in the county, the elector may proceed by action in
the superior court to compel his or her registration. In an action
under this section, as many persons may join as plaintiffs as have
causes of action.
   (b) If the county elections official has not registered a
qualified elector who claims to have registered to vote through the
Department of Motor Vehicles or any other public agency designated as
a voter registration agency pursuant to the National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg) , the elector may
proceed by action in the superior court to compel his or her
registration. In an action under this section, as many persons may
join as plaintiffs as have causes of action.
   (c) If the county elections official has not registered a
qualified elector who claims to have completed an affidavit of
registration and deposited that affidavit of registration with a
third party with the intent that the third party timely deliver the
completed affidavit of registration to the county elections official,
the qualified elector, or the county elections official on behalf of
the qualified elector,  if requested in writing by the elector,
 may proceed by action in the superior court against the county
elections official to compel his or her registration. In an action
under this subdivision, as many persons may join as plaintiffs as
have causes of action.
   (d) A fee shall not be charged by the clerk of the court for
services rendered in an action under this section.            
feedback