Bill Text: CA AB681 | 2019-2020 | Regular Session | Amended

California Assembly Bill 681 (Prior Session Legislation)

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

Bill Title: Elections: voter registration: partisan primary elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB681 Detail]

Download: California-2019-AB681-Amended.html

Amended IN Assembly March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 681

Introduced by Assembly Member Gonzalez

February 15, 2019

An act to ~~amend Section 2170 of~~ add Section 12100 to the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 681, as amended, Gonzalez. ~~Conditional voter registration.~~Presidential primary elections.

Existing law requires a voter to disclose a preference for a political party in order to participate in the political party’s primary election. However, existing law permits a voter who has declined to disclose a political party preference to request the ballot of a political party at a partisan primary election if the political party authorizes a voter who has declined to disclose a political party preference to vote the ballot of the political party at that partisan election. Existing law requires that information to be included in the voter registration card, the vote by mail ballot application, the state and county voter information guides, the internet websites of the Secretary of State and the county elections officials, and the nonpartisan vote by mail ballot that is sent to a voter who has declined to disclose a political party preference.
This bill would require a county elections official, between the 90th and 30th day before a presidential primary election, to send each registered voter in the county three separate notices containing specified information, including the voter’s current political party preference, the type of ballot the voter will be able to cast at the presidential primary election, and instructions on how the voter may change the voter’s political party preference. By imposing additional duties on county elections officials, this 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 the statutory provisions noted above.
Existing law authorizes an elector who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election, as prescribed.
~~This bill would make a technical, nonsubstantive change in these provisions.~~

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

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

SECTION 1.

Section 12100 is added to the Elections Code, immediately preceding Section 12101, to read:

12100.
(a) Between the 90th and 30th day before a presidential primary election, a county elections official shall send three separate notices to each registered voter within the county containing all of the following:
(1) The current political party preference of the voter.
(2) Information on the type of ballot the voter will be able to cast at the presidential primary election.
(3) A statement that a voter who has declined to disclose a political party preference may request the ballot of one of the political parties that authorizes a voter who has declined to disclose a political party preference to vote in a presidential primary election, and the name of each political party that authorizes a voter who has declined to disclose a political party preference to vote the party’s ballot at the upcoming presidential primary election.
(4) Instructions on how the voter can change the voter’s political party preference.
(b) The notices described in subdivision (a) may be sent by various methods, including by mail, by email, or, if the voter has provided written consent to receive text messages from the county elections official, by text message. An elections official shall send at least one of the three notices to a registered voter using a method different from that used to send the other notice or notices to the voter.

SEC. 2.
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 2170 of the Elections Code is amended to read:
2170.
(a)“Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c).
(b)In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article.
(c)(1)A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration.
(2)If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective.
~~(d)The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with all of the following procedures:~~
~~(1)The elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county.~~
(2)The elections official shall advise registrants that a conditional voter registration is effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c).
(3)The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding provisional ballot.
(4)After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information.
~~(5)If a conditional registration is deemed effective, the elections official shall include the corresponding provisional ballot in the official canvass.~~
(e)The county elections official may offer conditional voter registration and provisional voting pursuant to this article at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d).