Bill Text: CA SB465 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Voter identification: proof of identity.

Spectrum: Partisan Bill (Republican 16-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB465 Detail]

Download: California-2009-SB465-Introduced.html

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BILL NUMBER: SB 465	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Huff, Aanestad, Ashburn, Benoit, Cox,
Dutton, and Hollingsworth

                        FEBRUARY 26, 2009

   An act to add Section 14218.3 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 465, as introduced, Huff. Voter identification: proof of
identity.
   Existing law requires a person desiring to vote at a polling place
to announce his or her name and address to a precinct board member
and to write this information on the roster of voters.
   This bill would also require the person to present proof of his or
her identity to a member of the precinct board before receiving a
ballot. The bill would require the proof of identity to contain the
person's name and photograph, to be either unexpired or expired after
the last general election, and to be issued by the United States,
the State of California, or a tribal government. The bill would
permit a voter who is unable to present proof of identity to cast a
provisional ballot and would require the voter to provide
identification to the county registrar of voters within 5 business
days. The bill would make a violation or attempted violation of the
identification requirement a felony.
   The bill, by requiring county elections officials to perform new
duties and by creating new crimes, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so 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.
State-mandated local program: yes.


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

  SECTION 1.  This act shall be known and may be cited as the Voter
Identification Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The right to vote is one of our most important and fundamental
rights, and the State of California has a special and compelling
interest in safeguarding each and every vote from abuse or fraud.
   (b) Current law does not require any proof of identity to be
presented at the time of voting in person at the polling place or by
a vote by mail ballot.
   (c) To deter potential voter fraud and ensure the right of
citizens to vote, it is necessary that poll workers verify the
identity of each person desiring to vote to ensure that the person
actually casting a ballot is the person entitled to vote.
  SEC. 3.  Section 14218.3 is added to the Elections Code, to read:
   14218.3.  (a) An eligible citizen who desires to vote in person at
a polling place shall present proof of his or her identity to a
member of the precinct board at the time of voting that satisfies all
of the following requirements:
   (1) The proof of identity contains the name of the citizen and
that name matches the name in the voter index.
   (2) The proof of identity contains a photograph of the citizen.
   (3) The proof of identity contains an expiration date and that
date has not yet passed or passed after the date of the last general
election.
   (4) The proof of identity was issued by the United States or the
State of California or is a tribal enrollment card or other form of
tribal identification issued by a tribal government.
   (b) A precinct board member shall visually confirm the photograph
and signature of the person desiring to vote and shall record the
identifying number, if any, and the form of identification presented
in the roster of voters.
   (c) A violation or attempted violation of subdivision (a) shall
constitute fraud pursuant to Section 18500.
   (d) A voter desiring to vote in person who is unable to present
one of the forms of valid proof of identification listed in
subdivision (a) shall be entitled to vote a provisional ballot. A
voter casting a provisional ballot pursuant to this subdivision shall
provide valid proof of identification to the county registrar of
voters within five business days of voting a provisional ballot.
   (e) The requirement to present valid proof of identification when
voting shall be prominently printed on all sample ballots near the
location where the voter's polling place is indicated.
   (f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.