Bill Text: CA SB113 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Elections: voter registration.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State. Chapter 619, Statutes of 2014. [SB113 Detail]

Download: California-2013-SB113-Introduced.html

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BILL NUMBER: SB 113	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson
   (Principal coauthor: Senator Calderon)
   (Coauthor: Senator Price)

                        JANUARY 15, 2013

   An act to amend and repeal Sections 2102, 2106, 2150, and 2205 of
the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 113, as introduced, Jackson. Elections: voter registration.
   Existing law authorizes a person who is at least 17 years of age
and otherwise meets all voter eligibility requirements to submit his
or her affidavit of registration. The affidavit of registration is
deemed effective as of the date the affiant will be 18 years of age.
These provisions become operative when 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 lower the minimum age for purposes of submitting
an affidavit of registration pursuant to these provisions to 15 years
of age. The bill also would make conforming changes to existing law.
The bill would provide, notwithstanding the contingency described
above, that its provisions shall become operative on January 1, 2014.

   By requiring local elections officials to process voter
registrations submitted by persons 15 years of age or older, 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 of the Elections Code, as amended by
Section 2 of Chapter 899 of the Statutes of 2000, is repealed.

   2102.  (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
   (2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to
the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
   (b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both (a) the affidavit is signed on the same date or a
date prior to the signing of the petition or paper, and (b) the
affidavit is received by the county elections official on or before
the date on which the petition or paper is filed.
   (c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant. 
  SEC. 2.  Section 2102 of the Elections Code, as amended by Section
2 of Chapter 364 of the Statutes of 2009, is amended to read:
   2102.  (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
   (2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the  federal  National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
15th day prior to the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
   (b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
   (1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
   (2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
   (c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.
   (d) A person who is at least  17   15 
years of age and otherwise meets all eligibility requirements to vote
may submit his or her affidavit of registration as prescribed by
this section. A properly executed registration made pursuant to this
subdivision shall be deemed effective as of the date the affiant will
be 18 years of age, if the information in the affidavit of
registration is still current at that time. If the information
provided by the affiant in the affidavit of registration is not
current at the time that the registration would otherwise become
effective, for his or her registration to become effective, the
affiant shall provide the current information to the proper county
elections official as prescribed by this chapter.
  SEC. 3.  Section 2106 of the Elections Code, as enacted by Section
2 of Chapter 920 of the Statutes of 1994, is repealed. 
   2106.  Any program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to any printed literature or media announcements
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election." 
  SEC. 4.  Section 2106 of the Elections Code, as amended by Section
3 of Chapter 364 of the Statutes of 2009, is amended to read:
   2106.  A program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to a printed literature or media announcement
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election. A person may preregister to vote if he or she is a
United States citizen, a resident of California, not in prison or on
parole for the conviction of a felony, and at least  17
  15  years of age." A county elections official
may continue to use existing materials prior to printing new or
revised materials required by any changes to this section.
  SEC. 5.  Section 2150 of the Elections Code, as amended by Section
8 of Chapter 1 of the Statutes of 2009, is repealed. 
   2150.  (a) The affidavit of registration shall show:
   (1) The facts necessary to establish the affiant as an elector.
   (2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
   (3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
   (4) The affiant's mailing address, if different from the place of
residence.
   (5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
   (B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
   (C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
   (8) The affiant's political party preference.
   (9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
   (10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
   (b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
   (c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
   (d) If any person, including a deputy registrar, assists the
affiant in completing the affidavit, that person shall sign and date
the affidavit below the signature of the affiant.
   (e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
   (f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision. 
  SEC. 6.  Section 2150 of the Elections Code, as amended by Chapter
364 of the Statutes of 2009, is amended to read:
   2150.  (a) The affidavit of registration shall show:
   (1) The facts necessary to establish the affiant as an elector.
   (2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
   (3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
   (4) The affiant's mailing address, if different from the place of
residence.
   (5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least  17 
 15  years of age.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
   (B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
   (C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
   (8) The affiant's political party preference.
   (9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
   (10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
   (b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
   (c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
   (d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit, that person shall sign and date the
affidavit below the signature of the affiant.
   (e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
   (f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
  SEC. 7.  Section 2205 of the Elections Code, as enacted by Section
2 of Chapter 920 of the Statutes of 1994, is repealed. 
   2205.  The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons 18 years of age and over, whose deaths were
registered with him or her or of whose deaths he or she was notified
by the state registrar of vital statistics during the preceding
month. This notification shall include at least the name, sex, age,
birthplace, birthdate, place of residence, date and place of death of
each decedent.
   The county elections official shall cancel the affidavit of
registration of each deceased voter. 
  SEC. 8.  Section 2205 of the Elections Code, as amended by Section
5 of Chapter 364 of the Statutes of 2009, is amended to read:
   2205.  The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons  17   15  years of
age and over, whose deaths were registered with him or her or of
whose deaths he or she was notified by the State Registrar of Vital
Statistics during the preceding month. This notification shall
include at least the name, sex, age, birthplace, birth date, place of
residence, and date and place of death of each decedent.
   The county elections official shall cancel the affidavit of
registration of the deceased voter.
  SEC. 9.  Notwithstanding Section 7 of Chapter 364 of the Statutes
of 2009, Sections 2, 4, 6, and 8 of this act shall become operative
on January 1, 2014.
  SEC. 10.  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.