Bill Text: CA AB1356 | 2009-2010 | Regular Session | Amended

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Bill Title: Elections: proof of identification.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1356 Detail]

Download: California-2009-AB1356-Amended.html

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BILL NUMBER: AB 1356	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Members Bill Berryhill and Garrick
    (   Principal coauthor:   Senator 
 Runner   ) 

                        FEBRUARY 27, 2009

   An act to add Section 14216.5 to the Elections Code, and to add
Section 14902.5 to the Vehicle Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1356, as amended, Bill Berryhill. Elections: proof of
identification.
   Existing law requires that a person desiring to vote announce his
or her name and address to a precinct worker at the polling place.
   This bill would also require a person who desires to vote to show
specified proof of identification. The bill would authorize a person
who does not have proof of identification to vote a provisional
ballot after completing an affidavit under penalty of perjury that he
or she is a registered voter. The bill would require the Department
of Motor Vehicles to waive the fee for an identification card
requested for satisfying the voter identification requirement.
   By imposing additional duties on elections officials and creating
a new crime, 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 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.
   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 14216.5 is added to the Elections Code, to
read:
   14216.5.  (a) Prior to receiving a ballot, a voter shall present
to a member of the precinct board proof of identification that
satisfies all of the following requirements:
   (1) The document shows the name of the individual to whom the
document was issued, and the name conforms to the name in the
individual's voter registration record.
   (2) The document shows a photograph of the individual  to
whom the document was issued.   presenting the document.

   (3) The document includes an expiration date, and the document is
not expired at the time of voting or it expired  after the
date of the most recent general election.   less than
two years prior to election day. 
   (4) The document was issued by the United States or the State of
California  , or the document is a valid tribal member
identification card issued by an Indian tribe recognized by 
 the federal government  .
   (b) If a voter is unable to, or refuses to, provide proof of
identification pursuant to subdivision (a), he or she may execute a
declaration, certified  as to its truthfulness and
correctness   to be correct  under penalty of
perjury, declaring that he or she is registered to vote. Upon
execution of the declaration, the voter shall be issued a provisional
ballot pursuant to Section 14310  and an identification envelope
to be completed by the voter in the same manner as set forth in
Section 3011 for a vote by mail identification envelope  .
  SEC. 2.  Section 14902.5 is added to the Vehicle Code, to read:
   14902.5.  Notwithstanding any other provision of law, the fee for
an original or replacement identification card shall be waived for a
person who requests the identification card for purposes of
satisfying the requirement of Section 14216.5 of the Elections Code.
  SEC. 3.  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.