Bill Text: CA AB31 | 2015-2016 | Regular Session | Amended


Bill Title: Members of the Legislature and Congress: domicile: voting fraud.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2015-03-18 - In committee: Hearing postponed by committee. [AB31 Detail]

Download: California-2015-AB31-Amended.html
BILL NUMBER: AB 31	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 9, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        DECEMBER 1, 2014

   An act to amend  Section   Sections 
2026  and 18560  of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 31, as amended, Cristina Garcia. Members of the Legislature and
Congress: domicile  : voting fraud  .
   Existing law provides that a person's residence for voting
purposes means a person's domicile, and that a person may only have
one domicile. Existing law defines domicile to be the place in which
a person's habitation is fixed and where the person intends to remain
or return to whenever absent. Existing law also provides that, for
purposes of determining the domicile of a Member of the Legislature
or a Representative in the Congress of the United States, it shall be
conclusively presumed that the residence address indicated on that
person's currently filed affidavit of voter registration is that
person's domicile.
   This bill would clarify that the conclusive presumption 
shall only apply   applies only  if the address
indicated on that person's currently filed affidavit of voter
registration is a place in which the person's habitation is fixed for
some period of time. 
   Existing law permits a person who qualifies and is registered to
vote to vote at any election held within the territory within which
he or she resides and the election is held. Existing law makes it a
crime for a person who is not entitled to vote at an election to
fraudulently vote or fraudulently attempt to vote at that election.
 
   This bill would require the Attorney General to investigate and
prosecute any violation of that penal provision relating to a
fraudulent vote or fraudulent attempt to vote in a jurisdiction in
which the person does not reside for voting purposes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 2026 of the Elections Code is amended to read:
   2026.  The domicile of a Member of the Legislature or a
Representative in the Congress of the United States shall be
conclusively presumed to be at the residence address indicated on
that person's currently filed affidavit of voter registration. This
conclusive presumption  shall apply   applies
 only if the address indicated on that person's currently filed
affidavit of voter registration is a place in which the person's
habitation is fixed for some period of time within the meaning of
subdivision (c) of Section 349.
   SEC. 2.    Section 18560 of the   Elections
Code   is amended to read: 
   18560.   (a)    Every person is guilty of a
crime punishable by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for 16 months or two or three years,
or in a county jail not exceeding one year, who: 
   (a) 
    (1)  Not being entitled to vote at an election,
fraudulently votes or fraudulently attempts to vote at that election.

   (b) 
    (2)  Being entitled to vote at an election, votes more
than once, attempts to vote more than once, or knowingly hands in two
or more ballots folded together at that election. 
   (c) 
    (3)  Impersonates or attempts to impersonate a voter at
an election. 
   (b) The Attorney General shall investigate and prosecute a
violation of paragraph (1) of subdivision (a) relating to a
fraudulent vote or fraudulent attempt to vote in a jurisdiction in
which the person does not reside for voting purposes. 
                                                        
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