Bill Text: CA AB843 | 2013-2014 | Regular Session | Amended
Bill Title: Voter registration: identification requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB843 Detail]
Download: California-2013-AB843-Amended.html
BILL NUMBER: AB 843 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Logue
FEBRUARY 21, 2013
An act to amend Section 2170 of, and to add Section
Sections 2102.5, 2170.5 , and 14314
to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 843, as amended, Logue. Voter registration:
conditional voter registration. registration:
identification requirements.
Existing law establishes conditional voter registration, using an
affidavit of registration, whereby a person is permitted to register
to vote after the 15th day prior to an election or on election day,
and cast a provisional ballot to be counted if the conditional voter
registration is deemed effective. Existing law establishes the
procedures and requirements for determining whether a conditional
voter registration is deemed effective and requires the county
elections official to offer conditional voter registration and
provisional voting at its permanent offices and authorizes the
official to offer this registration and voting at satellite offices
on election day. Under existing law, conditional
voter registration becomes operative on January 1 of the
year following the year in which the Secretary of State certifies
that the state has a statewide voter registration database that
complies with the requirements of the federal Help America Vote Act
of 2002.
This bill would additionally require that a registrant provide
proof of residency in order for a conditional voter registration to
be deemed effective. If a conditional voter registration is not
deemed effective, the bill would require the elections official to
process the affidavit of registration pursuant to existing law, and
provided that all other eligibility requirements are met, the bill
would deem the registration effective in forthcoming elections.
By imposing additional duties on local officials, the bill
would impose a state-mandated local program.
Existing federal law, the Help America Vote Act of 2002, requires
under certain circumstances that a voter who registers to vote by
mail present or submit either a current and valid photo
identification or a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the voter the first time the voter votes in a
federal election. A person who does not present or submit the
appropriate records is allowed to vote by provisional ballot, which
is required to be counted if the elections official determines in
accordance with state law that the individual is eligible to vote.
Existing state law entitles a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established to vote a provisional ballot. Under existing
law, it is determined whether a provisional ballot is counted by
comparing the signature on each provisional ballot envelope with the
signature on the voter's affidavit of registration.
This bill would allow a provisional ballot submitted by a person
who was not allowed to cast a regular ballot because the person
failed to submit or present identification records required by the
federal law described above to be counted only if the person presents
or submits the required identification records within 10 days after
the election.
Existing state law provides that an affidavit of voter
registration may be submitted to a county elections official by mail,
may be submitted to the Department of Motor Vehicles or another
voter registration agency, or may be delivered to a county elections
official by other means.
This bill would provide that if an affidavit of voter registration
is delivered to a county elections official by means other than by
mail or by means other than submitting the affidavit to the
Department of Motor Vehicles or another voter registration agency,
the voter shall be deemed to have registered by mail for purposes of
the federal law described above.
By imposing new duties on 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.
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. Section 2102.5 is added to the
Elections Code , to read:
2102.5. If an affidavit of registration is delivered to a county
elections official in the manner described in paragraph (3) of
subdivision (a) of Section 2102 by a person other than the
registrant, the registrant shall be deemed to have registered to vote
by mail for purposes of Section 15483(b) of Title 42 of the United
States Code.
SECTION 1. SEC. 2. Section 2170 of
the Elections Code is amended to read:
2170. (a) "Conditional voter registration" means a properly
executed affidavit of registration, which is delivered by the
registrant to a 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 California 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.
(3) In order for a conditional voter registration to be deemed
effective, the registrant shall additionally provide proof of
residence pursuant to subdivision (a) of Section 2170.5.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with 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 will be 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, to determine the registrant's eligibility to
register, and to 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
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 on
election day at satellite offices of the county elections office, in
accordance with the procedures specified in paragraphs (2) to (5),
inclusive, of subdivision (d).
SEC. 2. SEC. 3. Section 2170.5 is
added to the Elections Code, to read:
2170.5. (a) A person who completes a conditional voter
registration pursuant to this article shall provide proof of
residence in order to register to vote during the 14 days immediately
preceding an election or on election day. Proof of residence shall
include any of the following:
(1) A valid California driver's license, driver's instruction
permit, or identification card.
(2) A valid student identification card with an identifying
photograph.
(3) A tribal identification card with an identifying photograph
and signature.
(4) A signed oath provided by a voter registered in the same
precinct as the registrant who can confirm the registrant's address.
(5) A signed oath provided by an employee of the residential
facility where the registrant resides who can confirm the registrant'
s address.
(6) Photo identification, which may include a driver's license,
state identification card, passport, military identification card,
tribal identification card, or student identification card, and a
current bill identifying the name and address of the registrant,
which may include a utility bill due within 30 days of election day,
a rent statement dated within 30 days of election day, or a current
fee statement.
(b) If a conditional voter registration is not deemed effective
pursuant to this article, the elections official shall process the
affidavit of registration pursuant to Sections 2102 and 2107 and,
provided that the registrant meets all other eligibility requirements
to register to vote, the registration shall be deemed effective in
forthcoming elections.
SEC. 4. Section 14314 is added to the Elections Code,
directly following Section 14313, to read:
14314. Notwithstanding subdivision (c) of Section 14310, a
provisional ballot submitted by a person who was not allowed to cast
a regular ballot because the person failed to submit or present
identification records required by Section 15483 of Title 42 of the
United States Code shall be counted only if the person presents or
submits the identification records required by Section 15483 of Title
42 of the United States Code within 10 days after the election.
SEC. 3. SEC. 5. 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.
SEC. 6. Sections 2 and 3 of this act shall become
operative on January 1 of the year following the year in which the
Secretary of State certifies that the state has a statewide voter
registration database that complies with the requirements of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
