Bill Text: CA AB1531 | 2009-2010 | Regular Session | Amended
Bill Title: Voter registration: one-stop voting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB1531 Detail]
Download: California-2009-AB1531-Amended.html
BILL NUMBER: AB 1531 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE JULY 1, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY APRIL 28, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 27, 2009
An act to amend Section 14310 of, and to add Article 6
(commencing with Section 14320) to Chapter 3 of Division 14 of, the
Elections Code, relating to elections. An act to amend
Section 2107 of, and to add Article 4.5 (commencing with Section
2170) to Chapter 2 of Division 2 of, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1531, as amended, Portantino. Elections: voter
registration. Voter registration: one-stop voting.
Existing law establishes procedures regarding the registration of
voters. Under existing law, a person may not be registered to vote
except by affidavit of registration, and a voter may not vote in an
election unless his or her affidavit of registration is executed and
received by the county elections official on or before the 15th day
prior to the election. Existing law permits any registered voter to
vote by a vote by mail ballot, and further permits any voter using a
vote by mail ballot to vote the ballot at the office of the elections
official beginning 29 days before the election.
This bill would establish one-stop voting whereby a person would
be permitted to register to vote and immediately vote on election day
or at any time prior to election day when ballots may be cast. The
bill would require a voter, in order to register and vote by means of
one-stop voting, to visit a location at which one-stop voting is
available, to present proof of identity and current residence, as
specified, and to complete an affidavit of registration. Upon
completing that registration, the voter would be immediately eligible
to vote by regular ballot. If the voter is unable to complete that
registration because the voter is unable to present proof of identity
or proof of current residence, the voter would be permitted to
register and vote by provisional ballot.
The bill would require each county elections official to compile
an index of voters who register to vote by one-stop voting. After the
official canvass of the votes for that election is completed, the
elections official would be required to review the names on the index
and cancel duplicate registrations. The elections official would be
required to send a voter registration form to every person who
properly registered to vote by one-stop voting, and those persons
would be registered for future elections at the address that the
voter declared for purposes of voter registration. The elections
official would be required to notify the district attorney and the
Secretary of State if it appears that a person has engaged in
fraudulent voting.
The bill would require that one-stop voting be available at every
permanent office of a county elections official beginning January 1
of the year following the availability of VoteCal.
In addition, the bill would require that each location at which
one-stop voting is available have a separate area for the process and
have at least one precinct board member who is trained in one-stop
voting. The bill would authorize the Secretary of State to adopt
appropriate regulations to implement one-stop registration and
voting.
By creating new duties for local 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.
Existing law prohibits a person from registering to vote except by
affidavit of registration and requires that the affidavit be
received by the county elections official no later than 15 days prior
to the election, with specified exceptions. Under existing law, a
person registered as a voter in any precinct in the state who moves
from the district within 14 days prior to election day is, for the
purpose of that election, entitled to vote in the precinct from which
the person moved until the close of the polls on election day.
This bill would authorize a person who qualifies to vote in the
state to register or reregister at the office of the local elections
official commencing 14 days prior to election day and continuing
through election day or at the person's precinct on election day. A
person who registers to vote prior to election day and provides proof
of current residence would be permitted to cast a vote by mail
ballot. A person who registers to vote on election day would be
permitted to cast a provisional ballot.
The bill would also require local elections officials to compile a
list or index of voters who registered or reregistered to vote
pursuant to these provisions and to conduct a review no later than 30
days after the canvass of the votes for the election. By increasing
the duties of local elections officials, the bill would impose a
state-mandated local program.
The bill also would make conforming changes to provisions relating
to provisional ballots.
The bill would make its provisions operative on January 1, 2012.
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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) It is a fundamental principle of the United States that the
people shall have access to our systems of democracy without barriers
to their participation.
(b) California currently ranks 41st out of 50 states in voter
turnout.
(c) At the November 4, 2008, statewide general election,
California experienced its largest voter turnout, as well as the
greatest number of persons--798,332--who cast provisional ballots
because of uncertainty about their registration status. While 82
percent of those provisional ballots were ultimately counted, the
county investment of staff overtime and resources to process these
ballots was enormous. At the same time, a significant portion of the
provisional ballots that were not counted resulted from the failure
to timely register. One-stop registration and voting would help
alleviate the staff overtime costs associated with processing
numerous provisional ballots for counties.
(d) One-stop voting, without unnecessary steps, can significantly
increase turnout. The nine states that have enacted one-stop voting
lead the nation in voter turnout.
(e) The more people vote, the more clearly the public's voice is
heard.
(f) California's registration procedures have not kept up with
available technology to maximize the efficiency of the voting
process.
(g) It is vital that California make every effort to maintain the
integrity of our democracy by ensuring that every eligible voter may
vote on election day.
SEC. 2. Section 2107 of the Elections
Code is amended to read:
2107. (a) Except as provided in subdivision (b), the
The county elections official shall accept
affidavits of registration at all times except during the 14
days immediately preceding any election, when registration shall
cease for that election as to electors residing in the territory
within which the election is to be held . Transfers of
registration for an election may be made from one precinct to another
precinct in the same county at any time when registration
is in progress in the precinct to which the elector seeks to transfer
before the close of the polls on election day .
(b) The county elections official shall 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 any of the
following apply:
(1) The A mailed affidavit 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 is submitted to the Department of Motor Vehicles
or accepted by 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) not later than the 15th day
prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and
(2) and (3) on or before the 15th day
prior to the election close of the polls on election
day .
(c) The county elections official shall accept an affidavit of
registration that meets the requirements of Article 4.5 (commencing
with Section 2170).
SEC. 3. Article 4.5 (commencing with Section 2170)
is added to Chapter 2 of Division 2 of the Elections Code
, to read:
Article 4.5. Registration and Voting at One-Stop Voting Sites
2170. For purposes of this article, "VoteCal" means the statewide
voter registration database established by the Secretary of State
and referred to by that designation.
2171. (a) In addition to other methods of voter registration
provided by this code, an elector who is otherwise qualified to vote
under this code and Section 2 of Article II of the California
Constitution may register or reregister to vote at a one-stop voting
site pursuant to this article and may immediately thereafter cast a
ballot on the day of an election or at any time prior to the election
during which ballots may be cast pursuant to existing law.
(b) An elector who is not currently registered to vote in a county
shall not register to vote and cast a regular ballot in that county
pursuant to this article unless the elector complies with all of the
following:
(1) The elector visits, on election day or at any time during the
period prior to the election during which ballots may be cast, a
location at which the county elections official in the county in
which the voter resides has made one-stop voting available.
(2) The elector presents proof of identity and proof of current
residence.
(3) The elector completes an affidavit of registration.
(c) For purposes of this article, proof of identity and proof of
current residence shall be consistent with Section 303(b) of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15483(b)) and
shall consist of either of the following:
(1) A photo identification with a current name and address, which
shall include one of the following:
(A) A driver's license or identification card of any state.
(B) A passport.
(C) A military identification card.
(D) A photo identification card designated in the regulations of
the Secretary of State, as set forth in Section 20107 of Title 2 of
the California Code of Regulations, as last amended and filed with
the Secretary of State on November 7, 2005, specifying standards for
proof of identity or residence when proof is required by the federal
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(2) A photo identification without a current address from the list
in paragraph (1) and proof of current residence based on a document
that includes the name and current address of the individual
presenting it, and is dated since the date of the last statewide
general election, unless the document is intended to be a permanent,
one-time government document. The document shall be a proof of
residence document designated in the regulations of the Secretary of
State, as set forth in Section 20107 of Title 2 of the California
Code of Regulations, as last amended and filed with the Secretary of
State on November 7, 2005, specifying standards for proof of identity
or residence when proof is required by the federal Help America Vote
Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(d) A county elections official shall accept an affidavit of
registration executed pursuant to this article that includes the
current place of residence and other information required by Article
4 (commencing with Section 2150).
(e) A county elections officials shall accept the following as the
elector's proof of identity for purposes of paragraph (2) of
subdivision (b) if the information can be successfully validated by
reference to VoteCal:
(1) The elector's name.
(2) The elector's date of birth.
(3) Either the elector's driver's license number or the last four
digits of the elector's social security number.
2172. (a) An elector who satisfies all the requirements of
subdivision (b) of Section 2171 and whose personal information has
been successfully verified using VoteCal may vote by regular ballot.
Otherwise, the elector may vote by provisional ballot only.
(b) If an elector is unable to satisfy the requirements of
paragraph (2) of subdivision (b) of Section 2171, the elector may
vote by provisional ballot. No provisional ballot cast pursuant to
this article may be counted unless and until the elector's voter
registration is processed, verified, and completed, as provided in
Article 5 (commencing with Section 14310) of Chapter 3 of Division
14.
(c) An elections official shall handle each ballot cast pursuant
to this article in a manner that protects the secrecy of the ballot.
(d) It is the intent of the Legislature for each county elections
official to make every effort to provide for voting pursuant to this
article by regular ballot.
2173. (a) Each county elections official shall compile an index
of voters who register for an election pursuant to this article.
After the official canvass of the votes for that election is
completed, the elections official shall review the names on the index
and, if any registration executed pursuant to this article is
discovered to be a duplicate registration, the elections official
shall cancel any duplicate voter registrations that may exist, as
provided in Chapter 3 (commencing with Section 2200).
(b) After an election, the elections official shall send a voter
notification form to each person who properly registered to vote for
that election pursuant to this article. Each voter who is sent that
notice shall be registered for future elections at the address at
which the voter is registered. The affidavit of registration of any
person whose voter notification form is returned by the post office
as undeliverable shall be processed in accordance with the procedures
set forth in Section 2221.
(c) If it appears that any voter who registered to vote pursuant
to this article may have committed fraud within the meaning of
Section 18560, the elections official shall immediately notify in
writing both the district attorney and the Secretary of State.
(d) Voter registration pursuant to this article shall not be used
for purposes of the determination of precincts as set forth in
Chapter 3 (commencing with Section 12200) of Division 12.
2174. Beginning January 1 of the year following the availability
of VoteCal, one-stop voting shall be available at every permanent
office of a county elections official.
2175. Each location at which one-stop voting is available shall
have a separate area dedicated to one-stop voting. At least one
precinct board member at each of those locations shall be trained
prior to the election in one-stop voting procedures and shall be
assigned to conduct one-stop voting. One-stop voting shall be
conducted in a manner that does not interfere with or delay voting by
persons previously registered to vote.
2176. The Secretary of State may adopt appropriate regulations
for purposes of ensuring the uniform application of this article.
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.
SECTION 1. Section 14310 of the Elections Code
is amended to read:
14310. (a) At an election, a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. A provisional ballot cast shall remain
sealed in its envelope for return to the elections official in
accordance with the elections official's instructions. The
provisional ballot envelope specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelope used for a vote by mail ballot, and shall be
completed in the same manner as a vote by mail envelope.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of the signature on
a vote by mail ballot, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare, the ballot shall be rejected. A variation of the signature
caused by the substitution of initials for the first or middle name,
or both, shall not invalidate the ballot.
(2) (A) A provisional ballot shall not be included in any
semiofficial or official canvass, except under the following
circumstances:
(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant's right to vote.
(ii) The votes have properly cast pursuant to Article 6
(commencing with Section 14320).
(iii) Upon the order of a superior court in the county of the
voter's residence.
(B) A voter may seek the court order specified in paragraph (A)
regarding his or her own ballot at any time prior to completion of
the official canvass. A judicial action or appeal brought pursuant to
this paragraph shall have priority over all other civil matters. A
fee shall not be charged to the claimant by the clerk of the court
for services rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that a voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 2. Article 6 (commencing with Section
14320) is added to Chapter 3 of Division 14 of the Elections Code, to
read:
Article 6. Election Day Voter Registration Act
14320. (a) Notwithstanding Section 2102, an elector who qualifies
to vote under this code and Section 2 of Article II of the
California Constitution may register or reregister to vote as
follows:
(1) At the office of his or her local elections official
commencing on the 14th day prior to the election and continuing
through election day.
(2) At his or her precinct on election day.
(b) The elections official shall send the voter notification form
required by Section 2155 within 15 days after the date of the
election to a person who is properly registered or reregistered to
vote pursuant to this section, and the voter shall be registered for
future elections at the address for which the voter is so registered
or reregistered.
14321. (a) An elector who registers or reregisters to vote
pursuant to Section 14320 prior to election day, upon showing proof
of current residence, shall be furnished a vote by mail ballot. The
elector may cast the ballot as provided by Section 3018.
(b) An elector who registers or reregisters to vote pursuant to
Section 14320 on election day may cast a provisional ballot pursuant
to Section 14310. A provisional ballot cast pursuant to this section
shall be placed in an envelope distinguishable from other provisional
ballot envelopes and shall not be included in a semiofficial or
official canvass until the voter's right to vote is established.
14322. An elections officials shall mail a nonforwardable
residency confirmation postcard within 10 days of an election to a
voter who registers or reregisters to vote pursuant to Section 14320
but who is unable to show proof of current residence. The postcard
shall be substantially similar in form to the postcard mailed
pursuant to Section 2220. If the postcard mailed pursuant to this
section is returned as undeliverable within 10 days of mailing to the
elections official by the post office, a provisional ballot cast
pursuant to subdivision (c) of Section 14321 shall not be counted and
registration or reregistration shall be canceled. If the postcard is
not returned within that 10-day period by the post office, the
provisional ballot shall be included in the canvass.
14323. The elections official shall compile a list or index of
voters who registered or reregistered to vote pursuant to this
article. Not later than 30 days after the official canvass for the
election, the elections official shall conduct a review of the names
on the list or index and shall cancel any duplicate voter
registration that may exist.
14324. For purposes of this article, the office of the elections
official may include satellite locations, as long as the requirements
of subdivision (b) of Section 3018 are satisfied.
14325. The Secretary of State shall, by regulation, adopt
procedures for determining the documents or other materials that
constitute proof of current residence for purposes of voting under
this article.
SEC. 3. Sections 1 and 2 of this act shall
become operative on January 1, 2012.
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.
