Bill Text: CA AB2592 | 2017-2018 | Regular Session | Amended

California Assembly Bill 2592 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Secretary of State: census outreach and education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-21 - Chaptered by Secretary of State - Chapter 652, Statutes of 2018. [AB2592 Detail]

Download: California-2017-AB2592-Amended.html

Amended IN Assembly March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2592

Introduced by Assembly Member Berman

February 15, 2018

~~An act to amend Section 2194 of the Elections Code, relating to elections.~~ An act to amend Section 10 of, and to add Section 9088.5 to, the Elections code, and to add Section 12172.6 to the Government Code, relating to the Secretary of State.

LEGISLATIVE COUNSEL'S DIGEST

AB 2592, as amended, Berman. ~~Elections: voter registration.~~ Secretary of State: census outreach and education.

Existing law provides that the Secretary of State is the chief elections officer of the state, and requires the Secretary of State to make reasonable efforts to promote voter registration to eligible voters. Existing law requires the Secretary of State to prepare the state voter information guide.
This bill would require the Secretary of State, beginning in the year before the federal decennial census and continuing through the completion of enumeration activities for that census, to make reasonable efforts to incorporate messages into public election materials produced by the Secretary of State that promote awareness of, and encourage participation in, the census. The bill would require the Secretary of State to include this information in the state voter information guide for any statewide election that is held less than 1 year before the census and on the Secretary of State’s Internet Web site.
Existing law requires certain information appearing on an affidavit of voter registration to be confidential and prohibits its use for any personal, private, or commercial purpose, such as the harassment of a voter or voter’s household. Existing law defines the term “voter’s household” for these purposes.
~~This bill would make a technical, nonsubstantive change to these provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) Section 2 of Article 1 of the United States Constitution requires an enumeration of the population of the United States every 10 years, which is known as the federal decennial census.
(2) The federal decennial census is important because census figures affect congressional representation, state redistricting, federal formula grant allocations, state funding to local governments, local programs, and planning activities for the next 10 years.
(3) A complete and accurate count of all California residents in the 2020 federal decennial census is vital to ensure fair political representation and distribution of funding in California.
(4) Historically, it has been more difficult to reach and enumerate certain groups as part of the federal decennial census, including lower income individuals, homeless persons, children, and immigrants.
(5) California is home to 10 of the nation’s 50 hardest-to-count counties, including Los Angeles County, the single hardest-to-count county in the nation.
(b) It is the intent of the legislature, in enacting this chapter, to use existing governmental outreach and education efforts to facilitate a complete count of California residents for each federal decennial census.

SEC. 2.

Section 10 of the Elections Code is amended to read:

10.

(a) The Secretary of State is the chief elections officer of the state, and has the powers and duties specified in this code and Section 12172.5 of the Government Code.

(b) (1) The Secretary of State shall make reasonable efforts to do all of the following:

(A) Promote voter registration to eligible voters.

(B) Encourage eligible voters to vote.

(D) Promote civic learning and engagement to prepare students and new citizens to register to vote and to vote.

(E) Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, incorporate messages into public election materials produced by the Secretary of State that promote awareness of, and encourage participation in, the census.

(2) In undertaking these efforts, the Secretary of State shall prioritize communities that have been historically underrepresented in voter registration or voting.

SEC. 3.

Section 9088.5 is added to the Elections Code, to read:

9088.5.
For any statewide election that is held less than one year before the federal decennial census, the state voter information guide shall contain information that promotes awareness of, and participation in, the federal decennial census.

SEC. 4.

Section 12172.6 is added to the Government Code, to read:

12172.6.
Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, the Secretary of State shall include on the secretary’s Internet Web site information designed to educate the public regarding, and encourage participation in, the federal decennial census.

SECTION 1.Section 2194 of the Elections Code is amended to read:
2194.
~~(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:~~
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections official’s office.
~~(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:~~
~~(A)The harassment of any voter or voter’s household.~~
~~(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voter’s household.~~
~~(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).~~
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
~~(4)May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.~~
(b)(1)Notwithstanding any other law, the California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the person’s vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, “voter’s household” means the voter’s place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.