Bill Text: CA AB787 | 2019-2020 | Regular Session | Introduced


Bill Title: Elections: voter registration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-08-12 - In committee: Referred to APPR. suspense file. [AB787 Detail]

Download: California-2019-AB787-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 787


Introduced by Assembly Member Gipson

February 20, 2019


An act to add Article 3.6 (commencing with Section 2149) to Chapter 2 of Division 2 of, and to repeal and add Section 2212 of, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 787, as introduced, Gipson. Elections: voter registration.
(1) Existing law requires the Secretary of State to coordinate with voter registration agencies in order to facilitate compliance with the federal National Voter Registration Act of 1993 and promote the exercise of the right to vote by eligible voters. The federal act requires a voter registration agency to distribute mail voter registration application forms, assist applicants in completing voter registration application forms, and accept completed voter registration application forms.
This bill would require a county or a city and county that operates a jail facility to allow organizations to conduct in-person voter registration activities, including, but not limited to, the provision of vote-by-mail applications, in each county jail facility. The bill would require a county or city and county to establish policies and criteria governing the admittance of individuals from those organizations into jail facilities, including procedures for notifying an individual of the basis for denial of admittance and the opportunity to appeal a denial of admittance. The bill would require the sheriff of the county or city and county in which a jail facility is located to publish those procedures on the sheriff’s internet website, as specified.
(2) Existing law requires the clerk of the superior court of each county to periodically furnish the Secretary of State and county elections official with certain information regarding persons who have been committed to state prison for a felony conviction. Existing law requires the Secretary of State or the county elections official to cancel the affidavit of voter registration of persons who are currently imprisoned or on parole for the conviction of a felony.
This bill would repeal those provisions and instead require the California Department of Corrections and Rehabilitation, on a weekly basis, to provide the Secretary of State with specified identifying information for persons imprisoned for the conviction of a felony, persons on parole with the department for the conviction of a felony, and persons released from that imprisonment or parole. The bill would require the Secretary of State to provide county elections officials with that information. The bill would require county elections officials to cancel the affidavits of voter registration of persons who are imprisoned or on parole conviction of a felony, and to notify persons who have been released from imprisonment or parole that their voting rights are restored, that they may register to vote, and of the procedures for registering to vote. By increasing the duties of county and city and county 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 3.6 (commencing with Section 2149) is added to Chapter 2 of Division 2 of the Elections Code, to read:
Article  3.6. Voter Registration in County Jails

2149.
 (a) A county or city and county that operates a jail facility shall allow organizations to conduct in-person voter registration activities, including, but not limited to, the provision of vote-by-mail applications, in each jail facility.
(b) A county or city and county described in subdivision (a) shall develop public policies and criteria for organizations conducting the voter registration activities described in subdivision (a) that shall, at a minimum, satisfy all of the following:
(1) The jail facility shall not deny admittance of an individual member from an organization unless the jail facility has a reasonable basis to determine that allowing the individual to have personal conduct with individuals in the jail facility would create an unreasonable risk to the security of the jail facility.
(2) The jail facility shall provide an individual who is denied admittance to the jail facility with written notice of the denial. The notice shall include the factual basis and rationale for the denial and information regarding the opportunity to, and procedures for, appeal of the denial.
(3) The jail facility shall provide an individual member of an organization who is denied admittance to the jail facility an opportunity to appeal that decision.
(4) The jail facility shall provide an individual whose appeal under paragraph (3) is denied with written notice of the denial. The notice shall include the factual basis and rationale for the denial.
(c) The sheriff of the county or city and county in which a jail facility is located shall publish a copy of the policies and criteria described in subdivision (b) on the sheriff’s internet website.
(d) A county or city and county described in subdivision (a) shall maintain a centralized, current list of individuals and organizations approved to conduct voter registration activities. The list shall be accessible to officers and personnel assigned to process and admit individuals or organizations into the jail facilities.
(e) A county or city and county described in subdivision (a) shall provide public notice of any proposed change to the policies and criteria described in subdivision (b) at least 14 days before making the change. The county or city and county shall create a public comment process and allow for public comment on proposed changes to those policies during the notice period. The sheriff for the county a city and county in which the jail is located shall publish all final policy changes on the sheriff’s internet website.

SEC. 2.

 Section 2212 of the Elections Code is repealed.
2212.

The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been committed to state prison as the result of a felony conviction since the clerk’s last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.

SEC. 3.

 Section 2212 is added to the Elections Code, to read:

2212.
 (a) For purposes of this section, the following definitions apply:
(1) “Conviction” has the same meaning as set forth in Section 2101.
(2) “Department” means the California Department of Corrections and Rehabilitation.
(3) “Parole” has the same meaning as set forth in Section 2101.
(4) “Imprisoned” has the same meaning as set forth in Section 2101.
(b) The department shall provide to the Secretary of State, on a weekly basis and in a format prescribed by the Secretary of State, the identification information described in subdivision (c) for all of the following persons:
(1) Persons imprisoned, or on parole, for the conviction of a felony and under the jurisdiction of the department.
(2) Persons released from imprisonment, or released from parole, for the conviction of a felony and no longer under the jurisdiction of the department.
(c) Personal identification information for the purposes of subdivision (b) includes all of the following:
(1) All known first and last names.
(2) Last known address.
(3) Date of birth.
(4) Last four digits of the person’s social security number, if available.
(5) Driver’s license or state-issued identification number, if available.
(d) The Secretary of State shall provide the information described in subdivision (b) to county elections officials within three days of receipt of the information from the department.
(e) Upon receipt of information from the Secretary of State pursuant to subdivision (d), a county elections official shall do all of the following:
(1) Cancel the affidavit of registration of any person described in paragraph (1) of subdivision (b) whose registration information matches at least three of the data points described in subdivision (c).
(2) Notify a person described in paragraph (2) of subdivision (b), and whose last known address is within county, that the person’s voting rights are restored and advise the person that if the person is otherwise entitled to register to vote the person may register to vote. The county elections official shall also provide the person with information regarding the procedure for registering to vote.

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.
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