Bill Text: CA SB589 | 2015-2016 | Regular Session | Chaptered


Bill Title: Voting: voter registration: individuals with disabilities and conservatees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State. Chapter 736, Statutes of 2015. [SB589 Detail]

Download: California-2015-SB589-Chaptered.html
BILL NUMBER: SB 589	CHAPTERED
	BILL TEXT

	CHAPTER  736
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2015
	APPROVED BY GOVERNOR  OCTOBER 10, 2015
	PASSED THE SENATE  AUGUST 31, 2015
	PASSED THE ASSEMBLY  AUGUST 27, 2015
	AMENDED IN ASSEMBLY  AUGUST 20, 2015
	AMENDED IN ASSEMBLY  JUNE 18, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Block
   (Coauthor: Assembly Member Mullin)

                        FEBRUARY 26, 2015

   An act to amend Sections 2102, 2150, 2208, and 2209 of the
Elections Code, and to amend Sections 1823, 1826, 1828, 1851, and
1910 of the Probate Code, relating to voting.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 589, Block. Voting: voter registration: individuals with
disabilities and conservatees.
   (1) Existing law requires that a person be registered as a voter
by affidavit of registration and provides that a properly executed
registration is deemed effective if it is received on or before the
15th day before an election to be held in the registrant's precinct.
Existing law requires the affidavit of registration to show certain
information of the affiant and requires the affiant to certify the
content of the affidavit as to its truth and correctness, under
penalty of perjury, with the signature of the affiant's name and the
date of signing, except that if the affiant is unable to write, a
mark or cross must be used to sign the affidavit.
   This bill would authorize an individual with a disability who is
otherwise qualified to vote to complete an affidavit of registration
with reasonable accommodations as needed. The bill would also
authorize an individual with a disability who is under a
conservatorship to be registered to vote if he or she has not been
disqualified from voting. The bill would authorize an affiant who is
an individual with a disability to complete the affidavit of
registration with reasonable accommodations as needed. The bill would
find and declare that by explicitly adding the concept of reasonable
accommodation to state laws on voter qualification, the bill brings
the state into compliance with federal standards.
   (2) Existing law deems a person mentally incompetent, and
therefore disqualified from voting if, during certain proceedings
including conservatorship proceedings, the court finds that the
person is incapable of completing an affidavit of voter registration.
Existing law, in certain conservatorship proceedings heard by a
jury, requires the jury to unanimously find that the person is
incapable of completing an affidavit of registration before the
person is disqualified from voting. If an order establishing a
conservatorship is made and in connection with the order it is found
that the person is incapable of completing an affidavit of voter
registration, existing law requires the court to forward the order
and determination to the county elections official of the person's
county of residence. Existing law, during the yearly or biennial
review of certain conservatorships, requires the court investigator
to review the person's capability of completing an affidavit of voter
registration and, if the conservatee's capability of completing the
affidavit of voter registration changes, requires the court
investigator to inform the court and the court to hold a hearing
regarding that capability.
   This bill would instead require that a person be presumed
competent to vote, regardless of his or her conservatorship status,
and would require that a person be deemed mentally incompetent, and
therefore disqualified from voting if, during certain proceedings
including conservatorship proceedings, the court finds by clear and
convincing evidence that the person cannot communicate, with or
without reasonable accommodations, a desire to participate in the
voting process. In certain conservatorship proceedings heard by a
jury, the bill would require the jury to instead unanimously find by
clear and convincing evidence that the person cannot communicate,
with or without reasonable accommodations, a desire to participate in
the voting process before the person is disqualified from voting.
The bill would also require an order establishing a conservatorship
to instead find by clear and convincing evidence that the person
cannot communicate, with or without reasonable accommodations, a
desire to participate in the voting process before the court is
required to forward the order and determination to the county
elections official of the person's county of residence. The bill,
during the yearly or biennial review of certain conservatorships,
would instead require the court investigator to review the person's
capability of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and if
the conservatee's capability of communicating that desire has
changed, would require the court investigator to inform the court and
the court to hold a hearing regarding that capability.
   (3) Existing law regulates the terms and conditions of
conservatorships and requires a court clerk, if a conservatorship
petition is filed by a person other than the proposed conservatee, to
issue a citation to the proposed conservatee that includes, among
other things, a statement that the proposed conservatee may be
disqualified from voting if he or she is incapable of completing an
affidavit of voter registration, and a statement that the proposed
conservatee will not be disqualified from voting if he or she would
need to complete the affidavit by signing it with a mark, cross, or
signature stamp, or with the assistance of another person. Existing
law requires a court hearing on a petition for the appointment of a
conservator and requires a court investigator, before the court
hearing and as part of periodic review after the appointment of the
conservator to, among other things, determine if the proposed
conservatee is incapable of completing an affidavit of voter
registration, as specified, and may be disqualified from voting.
Existing law provides that a conservatee is not disqualified from
voting on the basis that he or she would need to complete the
affidavit by signing it with a mark, cross, or signature stamp, or
with the assistance of another person.
   This bill would require the court clerk's citation to the proposed
conservatee, as described above, to instead include a statement that
the proposed conservatee may be disqualified from voting if he or
she is incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and a
statement that the proposed conservatee will not be disqualified from
voting if he or she would also need to complete the affidavit with
reasonable accommodations. The bill would require the court
investigator, before the court hearing and as part of periodic
reviews after the appointment of a conservator to, among other
things, instead determine whether the proposed conservatee is
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and
may be disqualified from voting. The bill would also provide that a
conservatee is not disqualified from voting on the basis that he or
she would need to complete the affidavit with reasonable
accommodations. By requiring local officials to perform additional
duties, the bill would impose a state-mandated local program.
   (4) This bill would also make technical, nonsubstantive changes to
these provisions.
   (5) This bill would incorporate additional changes to Section 2102
of the Elections Code, proposed by AB 1461, that would become
operative only if AB 1461 and this bill are both chaptered and become
effective on or before January 1, 2016, and this bill is chaptered
last. The bill would also incorporate additional changes to Sections
2150, 2208, and 2209 of the Elections Code, proposed by AB 1020, that
would become operative only if AB 1020 and this bill are both
chaptered and become effective on or before January 1, 2016, and this
bill is chaptered last.
   (6) 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.


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

  SECTION 1.  The Legislature finds and declares that federal
disability nondiscrimination laws, including Title II of the federal
Americans with Disabilities Act of 1990 (Public Law 101-336), entitle
people with disabilities to reasonable accommodations, as needed, to
participate in public activities such as voting. The Legislature
further finds and declares that by explicitly adding the concept of
reasonable accommodation to California laws on voter qualification,
this act brings the state into compliance with federal standards.
  SEC. 2.  Section 2102 of the Elections Code, as amended by Section
5 of Chapter 909 of the Statutes of 2014, is amended to read:
   2102.  (a) A person shall not be registered as a voter except by
affidavit of registration. The affidavit of registration 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 affidavit of registration shall be deemed effective
upon receipt of the affidavit by the county elections official if
received on or before the 15th day before an election to be held in
the registrant's precinct. A properly executed affidavit of
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 before
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 (52 U.S.C. Sec. 20501 et seq.) on or before
the 15th day before the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day before the election.
   (4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day before the election.
   (b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature 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 before 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 law to the contrary, the affidavit
of registration required under this chapter shall 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) An individual with a disability who is otherwise qualified to
vote may complete an affidavit of registration with reasonable
accommodations as needed.
   (e) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.
  SEC. 3.  Section 2102 of the Elections Code, as amended by Section
6.5 of Chapter 909 of the Statutes of 2014, is amended to read:
   2102.  (a) A person shall not be registered as a voter except by
affidavit of registration. The affidavit of registration 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 affidavit of registration shall be deemed effective
upon receipt of the affidavit by the county elections official if
received on or before the 15th day before an election to be held in
the registrant's precinct. A properly executed affidavit of
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 before
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 (52 U.S.C. Sec. 20501 et seq.) on or before
the 15th day before the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day before the election.
   (4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day before the election.
   (b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature 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 before 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 law to the contrary, the affidavit
of registration required under this chapter shall 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 16 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
affidavit of 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
affidavit of 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.
   (e) An individual with a disability who is otherwise qualified to
vote may complete an affidavit of registration with reasonable
accommodations as needed.
   (f) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.
  SEC. 3.5.  Section 2102 of the Elections Code, as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
read:
   2102.  (a) Except as provided in Chapter 4.5, a person shall not
be registered as a voter except by affidavit of registration. The
affidavit of registration 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 affidavit of
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day before an election to be held in the registrant's precinct. A
properly executed affidavit of 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 before
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 (52 U.S.C. Sec. 20501 et seq.) on or before
the 15th day before the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day before the election.
   (4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day before the election.
   (b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature 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 before 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 law to the contrary, the affidavit
of registration required under this chapter shall 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 16 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
affidavit of 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
affidavit of 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.
   (e) An individual with a disability who is otherwise qualified to
vote may complete an affidavit of registration with reasonable
accommodations as needed.
   (f) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.
  SEC. 4.  Section 2150 of the Elections Code, as amended by Section
8 of Chapter 1 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 the 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 email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email 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 affiant who has been issued a current
and valid driver's license, the affiant's driver's license number.
   (B) In the case of any other affiant, other than an affiant to
whom subparagraph (C) applies, the last four digits of the affiant's
social security number.
   (C) If a voter registration affiant has not been issued a current
and valid driver's license or a social security number, the state
shall assign the affiant a number that will serve to identify the
affiant for voter registration purposes. If the state has a
computerized list in effect under this paragraph 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 if 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 of
registration as to its truthfulness 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. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
   (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 of registration, 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 before
printing new or revised forms that reflect the changes made to this
section by Chapter 508 of the Statutes of 2007.
  SEC. 4.5.  Section 2150 of the Elections Code, as amended by
Section 8 of Chapter 1 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 the 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 email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email 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 affiant who has been issued a current
and valid driver's license, the affiant's driver's license number.
   (B) In the case of any other affiant, other than an affiant to
whom subparagraph (C) applies, the last four digits of the affiant's
social security number.
   (C) If a voter registration affiant 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
affiant for voter registration purposes. If the state has a
computerized list in effect under this paragraph 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 if 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 of
registration as to its truthfulness 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. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
   (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 assists the affiant in completing the affidavit of
registration, 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 before
printing new or revised forms that reflect the changes made to this
section by Chapter 508 of the Statutes of 2007.
  SEC. 5.  Section 2150 of the Elections Code, as amended by Section
3 of Chapter 619 of the Statutes of 2014, 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 the 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 email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email 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 16 years of age.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an affiant who has been issued a current
and valid driver's license, the affiant's driver's license number.
   (B) In the case of any other affiant, other than an affiant to
whom subparagraph (C) applies, the last four digits of the affiant's
social security number.
   (C) If a voter registration affiant has not been issued a current
and valid driver's license or a social security number, the state
shall assign the affiant a number that will serve to identify the
affiant for voter registration purposes. If the state has a
computerized list in effect under this paragraph 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 of
registration as to its truthfulness 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. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
   (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 shall 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 of registration, 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 before
printing new or revised forms that reflect the changes made to this
section by Chapter 508 of the Statutes of 2007.
  SEC. 5.5.  Section 2150 of the Elections Code, as amended by
Section 3 of Chapter 619 of the Statutes of 2014, 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 the 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 email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email 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 16 years of age.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an affiant who has been issued a current
and valid driver's license, the affiant's driver's license number.
   (B) In the case of any other affiant, other than an affiant to
whom subparagraph (C) applies, the last four digits of the affiant's
social security number.
   (C) If a voter registration affiant has not been issued a current
and valid driver's license or a social security number, the state
shall assign the affiant a number that will serve to identify the
affiant for voter registration purposes. If the state has a
computerized list in effect under this paragraph 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 of
registration as to its truthfulness 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. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
   (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 shall not be denied the ability to register because
he or she declines to state his or her ethnicity or race.
   (d) If a person assists the affiant in completing the affidavit of
registration, 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 before
printing new or revised forms that reflect the changes made to this
section by Chapter 508 of the Statutes of 2007.
  SEC. 6.  Section 2208 of the Elections Code is amended to read:
   2208.  (a) A person is presumed competent to vote regardless of
his or her conservatorship status. A person shall be deemed mentally
incompetent, and therefore disqualified from voting, if, during the
course of any of the proceedings set forth below, the court finds by
clear and convincing evidence that the person cannot communicate,
with or without reasonable accommodations, a desire to participate in
the voting process, and any of the following apply:
   (1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400) of
the Probate Code.
   (2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350) of
Part 1 of Division                                            5 of
the Welfare and Institutions Code.
   (3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to stand
trial, and the person's trial or judgment has been suspended pursuant
to Section 1370 of the Penal Code.
   (4) A person has pleaded not guilty by reason of insanity, has
been found to be not guilty pursuant to Section 1026 of the Penal
Code, and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.
   (b) If the proceeding under the Welfare and Institutions Code is
heard by a jury, the jury shall unanimously find by clear and
convincing evidence that the person cannot communicate, with or
without reasonable accommodations, a desire to participate in the
voting process before the person shall be disqualified from voting.
   (c) If an order establishing a conservatorship is made and in
connection with the order it is found by clear and convincing
evidence that the person cannot communicate, with or without
reasonable accommodations, a desire to participate in the voting
process, the court shall forward the order and determination to the
county elections official of the person's county of residence.
   (d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:
   (1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.
   (2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.
   (3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.
   (4) Completes the affidavit of voter registration with reasonable
accommodations.
  SEC. 6.5.  Section 2208 of the Elections Code is amended to read:
   2208.  (a) A person is presumed competent to vote regardless of
his or her conservatorship status. A person shall be deemed mentally
incompetent, and therefore disqualified from voting, if, during the
course of any of the proceedings set forth below, the court finds by
clear and convincing evidence that the person cannot communicate,
with or without reasonable accommodations, a desire to participate in
the voting process, and any of the following apply:
   (1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400) of
the Probate Code.
   (2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5 of the Welfare and Institutions Code.
   (3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to stand
trial, and the person's trial or judgment has been suspended pursuant
to Section 1370 of the Penal Code.
   (4) A person has pleaded not guilty by reason of insanity, has
been found to be not guilty pursuant to Section 1026 of the Penal
Code, and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.
   (b) If the proceeding under the Welfare and Institutions Code is
heard by a jury, the jury shall unanimously find by clear and
convincing evidence that the person cannot communicate, with or
without reasonable accommodations, a desire to participate in the
voting process before the person shall be disqualified from voting.
   (c) If an order establishing a conservatorship is made and in
connection with the order it is found by clear and convincing
evidence that the person cannot communicate, with or without
reasonable accommodations, a desire to participate in the voting
process, the court shall forward the order and determination to the
Secretary of State and the county elections official of the person's
county of residence in the format prescribed by the Secretary of
State.
   (d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:
   (1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.
   (2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.
   (3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.
   (4) Completes the affidavit of voter registration with reasonable
accommodations.
  SEC. 7.  Section 2209 of the Elections Code is amended to read:
   2209.  (a) For conservatorships established pursuant to Division 4
(commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with Section
1850) of Part 3 of Division 4 of the Probate Code, review the person'
s capability of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
   (b) If the person had been disqualified from voting by reason of
being incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, or by
reason of being incapable of completing an affidavit of voter
registration, the court investigator shall determine if the person
continues to be incapable of communicating, with or without
reasonable accommodations, a desire to participate in the voting
process, and the investigator shall so inform the court. If the
investigator determines that the person continues to be incapable of
communicating, with or without reasonable accommodations, a desire to
participate in the voting process, a court hearing on the issue is
unnecessary. If the investigator finds that the person is not
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, the
court shall hold a hearing to determine if, by clear and convincing
evidence, the person cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process. Unless
the person is found incapable of communicating that desire, the
person's right to register to vote shall be restored, and the court
shall so notify the county elections official.
   (c) If the person has not been found incapable of communicating,
with or without reasonable accommodations, a desire to participate in
the voting process, and the court investigator determines that the
person is no longer capable of communicating that desire, the
investigator shall so notify the court. The court shall hold a
hearing to determine if, by clear and convincing evidence, the person
cannot communicate, with or without reasonable accommodations, a
desire to participate in the voting process. If the court determines
that the person cannot communicate that desire, the court shall order
the person to be disqualified from voting pursuant to Section 2208,
and the court shall so notify the county elections official.
  SEC. 7.5.  Section 2209 of the Elections Code is amended to read:
   2209.  (a) For conservatorships established pursuant to Division 4
(commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with Section
1850) of Part 3 of Division 4 of the Probate Code, review the person'
s capability of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
   (b) If the person has been disqualified from voting by reason of
being incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, or by
reason of being incapable of completing an affidavit of voter
registration, the court investigator shall determine if the person
continues to be incapable of communicating, with or without
reasonable accommodations, a desire to participate in the voting
process, and the investigator shall so inform the court. If the
investigator determines that the person continues to be incapable of
communicating, with or without reasonable accommodations, a desire to
participate in the voting process, a court hearing on the issue is
unnecessary. If the investigator finds that the person is not
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, the
court shall hold a hearing to determine if, by clear and convincing
evidence, the person cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process. Unless
the person is found incapable of communicating that desire, the
person's right to register to vote shall be restored, and the court
shall so notify the Secretary of State and the county elections
official in the format prescribed by the Secretary of State.
   (c) If the person has not been found incapable of communicating,
with or without reasonable accommodations, a desire to participate in
the voting process, and the court investigator determines that the
person is no longer capable of communicating that desire, the
investigator shall so notify the court. The court shall hold a
hearing to determine if, by clear and convincing evidence, the person
cannot communicate, with or without reasonable accommodations, a
desire to participate in the voting process. If the court determines
that the person cannot communicate that desire, the court shall order
the person to be disqualified from voting pursuant to Section 2208,
and the court shall so notify the Secretary of State and the county
elections official in the format prescribed by the Secretary of
State.
  SEC. 8.  Section 1823 of the Probate Code is amended to read:
   1823.  (a) If the petition is filed by a person other than the
proposed conservatee, the clerk shall issue a citation directed to
the proposed conservatee setting forth the time and place of hearing.

   (b) The citation shall state the legal standards by which the need
for a conservatorship is adjudged as stated in Section 1801 and
shall state the substance of all of the following:
   (1) The proposed conservatee may be adjudged unable to provide for
personal needs or to manage financial resources and, by reason
thereof, a conservator may be appointed for the person or estate, or
both.
   (2) Such adjudication may affect or transfer to the conservator
the proposed conservatee's right to contract, in whole or in part, to
manage and control property, to give informed consent for medical
treatment, and to fix a residence.
   (3) (A) The proposed conservatee may be disqualified from voting
pursuant to Section 2208 of the Elections Code if he or she is
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
   (B) The proposed conservatee shall not be disqualified from voting
on the basis that he or she does, or would need to do, any of the
following to complete an affidavit of voter registration:
   (i) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
   (ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
   (iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
   (iv) Completes the affidavit of voter registration with reasonable
accommodations.
   (4) The court or a court investigator will explain the nature,
purpose, and effect of the proceeding to the proposed conservatee and
will answer questions concerning the explanation.
   (5) The proposed conservatee has the right to appear at the
hearing and to oppose the petition, and in the case of an alleged
developmentally disabled adult, to oppose the petition in part, by
objecting to any or all of the requested duties or powers of the
limited conservator.
   (6) The proposed conservatee has the right to choose and be
represented by legal counsel and has the right to have legal counsel
appointed by the court if unable to retain legal counsel.
   (7) The proposed conservatee has the right to a jury trial if
desired.
  SEC. 9.  Section 1826 of the Probate Code is amended to read:
   1826.  (a) Regardless of whether the proposed conservatee attends
the hearing, the court investigator shall do all of the following:
   (1) Conduct the following interviews:
   (A) The proposed conservatee personally.
   (B) All petitioners and all proposed conservators who are not
petitioners.
   (C) The proposed conservatee's spouse or registered domestic
partner and relatives within the first degree. If the proposed
conservatee does not have a spouse, registered domestic partner, or
relatives within the first degree, to the greatest extent possible,
the proposed conservatee's relatives within the second degree.
   (D) To the greatest extent practical and taking into account the
proposed conservatee's wishes, the proposed conservatee's relatives
within the second degree not required to be interviewed under
subparagraph (C), neighbors, and, if known, close friends.
   (2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding, to
attend the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
   (3) Determine if it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
   (4) Review the allegations of the petition as to why the
appointment of the conservator is required and, in making his or her
determination, do the following:
   (A) Refer to the supplemental information form submitted by the
petitioner and consider the facts set forth in the form that address
each of the categories specified in paragraphs (1) to (5), inclusive,
of subdivision (a) of Section 1821.
   (B) Consider, to the extent practicable, whether he or she
believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee's ability to
understand and appreciate the consequences of his or her actions in
connection with any of the functions described in subdivision (a) or
(b) of Section 1801 and identify the observations that support that
belief.
   (5) Determine if the proposed conservatee wishes to contest the
establishment of the conservatorship.
   (6) Determine if the proposed conservatee objects to the proposed
conservator or prefers another person to act as conservator.
   (7) Determine if the proposed conservatee wishes to be represented
by legal counsel and, if so, whether the proposed conservatee has
retained legal counsel and, if not, the name of an attorney the
proposed conservatee wishes to retain.
   (8) (A) Determine if the proposed conservatee is incapable of
communicating, with or without reasonable accommodations, a desire to
participate in the voting process, and may be disqualified from
voting pursuant to Section 2208 of the Elections Code.
   (B) The proposed conservatee shall not be disqualified from voting
on the basis that he or she does, or would need to do, any of the
following to complete an affidavit of voter registration:
   (i) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
   (ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
   (iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
   (iv) Completes the affidavit of voter registration with reasonable
accommodations.
   (9) If the proposed conservatee has not retained legal counsel,
determine if the proposed conservatee desires the court to appoint
legal counsel.
   (10) Determine if the appointment of legal counsel would be
helpful to the resolution of the matter or is necessary to protect
the interests of the proposed conservatee in a case where the
proposed conservatee does not plan to retain legal counsel and has
not requested the appointment of legal counsel by the court.
   (11) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the proposed
conservatee's express communications concerning both of the
following:
   (A) Representation by legal counsel.
    (B) If the proposed conservatee is not willing to attend the
hearing, does not wish to contest the establishment of the
conservatorship, and does not object to the proposed conservator or
prefers that another person act as conservator.
   (12) Mail, at least five days before the hearing, a copy of the
report referred to in paragraph (11) to all of the following:
   (A) The attorney, if any, for the petitioner.
   (B) The attorney, if any, for the proposed conservatee.
   (C) The proposed conservatee.
   (D) The spouse, registered domestic partner, and relatives within
the first degree of the proposed conservatee who are required to be
named in the petition for appointment of the conservator, unless the
court determines that the mailing will harm the conservatee.
   (E) Any other persons as the court orders.
   (b) The court investigator has discretion to release the report
required by this section to the public conservator, interested public
agencies, and the long-term care ombudsman.
   (c) The report required by this section is confidential and shall
be made available only to parties, persons described in paragraph
(12) of subdivision (a), persons given notice of the petition who
have requested this report or who have appeared in the proceedings,
their attorneys, and the court. The court has discretion at any other
time to release the report, if it would serve the interests of the
conservatee. The clerk of the court shall provide for the limitation
of the report exclusively to persons entitled to its receipt.
   (d) This section does not apply to a proposed conservatee who has
personally executed the petition for conservatorship, or a proposed
conservatee who has nominated his or her own conservator, if he or
she attends the hearing.
   (e) If the court investigator has performed an investigation
within the preceding six months and furnished a report thereon to the
court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.
   (f) An investigation by the court investigator related to a
temporary conservatorship also may be a part of the investigation for
the general petition for conservatorship, but the court investigator
shall make a second visit to the proposed conservatee and the report
required by this section shall include the effect of the temporary
conservatorship on the proposed conservatee.
   (g) The Judicial Council shall, on or before January 1, 2009,
adopt rules of court and Judicial Council forms as necessary to
implement an expedited procedure to authorize, by court order, a
proposed conservatee's health care provider to disclose confidential
medical information about the proposed conservatee to a court
investigator pursuant to federal medical information privacy
regulations promulgated under the federal Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191).
   (h) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes of 2006 until the Legislature makes an
appropriation identified for this purpose.
  SEC. 10.  Section 1828 of the Probate Code is amended to read:
   1828.  (a) Except as provided in subdivision (c), before the
establishment of a conservatorship of the person or estate, or both,
the court shall inform the proposed conservatee of all of the
following:
   (1) The nature and purpose of the proceeding.
   (2) The establishment of a conservatorship is a legal adjudication
of the conservatee's inability to properly provide for the
conservatee's personal needs or to manage the conservatee's own
financial resources, or both, depending on the allegations made and
the determinations requested in the petition, and the effect of such
an adjudication on the conservatee's basic rights.
   (3) (A) The proposed conservatee may be disqualified from voting
pursuant to Section 2208 of the Elections Code if he or she is
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
   (B) The proposed conservatee shall not be disqualified from voting
on the basis that he or she does, or would need to do, any of the
following to complete an affidavit of voter registration:
   (i) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
   (ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
   (iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
   (iv) Completes the affidavit of voter registration with reasonable
accommodations.
   (4) The identity of the proposed conservator.
   (5) The nature and effect on the conservatee's basic rights of any
order requested under Chapter 4 (commencing with Section 1870), and
in the case of an allegedly developmentally disabled adult, the
specific effects of each limitation requested in such order.
   (6) The proposed conservatee has the right to oppose the
proceeding, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
   (b) After the court so informs the proposed conservatee and before
the establishment of the conservatorship, the court shall consult
the proposed conservatee to determine the proposed conservatee's
opinion concerning all of the following:
   (1) The establishment of the conservatorship.
   (2) The appointment of the proposed conservator.
   (3) Any order requested under Chapter 4 (commencing with Section
1870), and in the case of an allegedly developmentally disabled
adult, of each limitation requested in such order.
   (c) This section does not apply where both of the following
conditions are satisfied:
   (1) The proposed conservatee is absent from the hearing and is not
required to attend the hearing under subdivision (a) of Section
1825.
   (2) Any showing required by Section 1825 has been made.
  SEC. 11.  Section 1851 of the Probate Code is amended to read:
   1851.  (a) (1) If court review is required pursuant to Section
1850, the court investigator shall, without prior notice to the
conservator except as ordered by the court for necessity or to
prevent harm to the conservatee, visit the conservatee. The court
investigator shall inform the conservatee personally that the
conservatee is under a conservatorship and shall give the name of the
conservator to the conservatee. The court investigator shall
determine all of the following:
   (A) If the conservatee wishes to petition the court for
termination of the conservatorship.
   (B) If the conservatee is still in need of the conservatorship.
   (C) If the present conservator is acting in the best interests of
the conservatee. In determining if the conservator is acting in the
best interests of the conservatee, the court investigator's
evaluation shall include an examination of the conservatee's
placement, the quality of care, including physical and mental
treatment, and the conservatee's finances. To the extent practicable,
the investigator shall review the accounting with a conservatee who
has sufficient capacity. To the greatest extent possible, the court
investigator shall interview individuals set forth in paragraph (1)
of subdivision (a) of Section 1826, in order to determine if the
conservator is acting in the best interests of the conservatee.
   (D) (i) If the conservatee is incapable of communicating, with or
without reasonable accommodations, a desire to participate in the
voting process and may be disqualified from voting pursuant to
Section 2208 or 2209 of the Elections Code.
   (ii) The conservatee shall not be disqualified from voting on the
basis that he or she does, or would need to do, any of the following
to complete an affidavit of voter registration:
   (I) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
   (II) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
   (III) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
   (IV) Completes the affidavit of voter registration with reasonable
accommodations.
   (2) If the court has made an order under Chapter 4 (commencing
with Section 1870), the court investigator shall determine if the
present condition of the conservatee is such that the terms of the
order should be modified or the order revoked.
   (3) Upon request of the court investigator, the conservator shall
make available to the court investigator during the investigation for
inspection and copying all books and records, including receipts and
any expenditures, of the conservatorship.
   (b) (1) The findings of the court investigator, including the
facts upon which the findings are based, shall be certified in
writing to the court not less than 15 days before the date of review.
A copy of the report shall be mailed to the conservator and to the
attorneys of record for the conservator and conservatee at the same
time it is certified to the court. A copy of the report, modified
                                      as set forth in paragraph (2),
also shall be mailed to the conservatee's spouse or registered
domestic partner, the conservatee's relatives in the first degree,
and if there are no such relatives, to the next closest relative,
unless the court determines that the mailing will harm the
conservatee.
   (2) Confidential medical information and confidential information
from the California Law Enforcement Telecommunications System shall
be in a separate attachment to the report and shall not be provided
in copies sent to the conservatee's spouse or registered domestic
partner, the conservatee's relatives in the first degree, and if
there are no such relatives, to the next closest relative.
   (c) In the case of a limited conservatee, the court investigator
shall recommend continuing or terminating the limited
conservatorship.
   (d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine if the present
conservator is acting in the best interests of the conservatee.
   (e) The report required by this section shall be confidential and
shall be made available only to parties, persons described in
subdivision (b), persons given notice of the petition who have
requested the report or who have appeared in the proceeding, their
attorneys, and the court. The court shall have discretion at any
other time to release the report if it would serve the interests of
the conservatee. The clerk of the court shall limit disclosure of the
report exclusively to persons entitled to the report under this
section.
   (f) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes of 2006 until the Legislature makes an
appropriation identified for this purpose.
  SEC. 12.  Section 1910 of the Probate Code is amended to read:
   1910.  (a) If the court determines the conservatee is incapable of
communicating, with or without reasonable accommodations, a desire
to participate in the voting process, the court shall by order
disqualify the conservatee from voting pursuant to Section 2208 or
2209 of the Elections Code.
   (b) The conservatee shall not be disqualified from voting on the
basis that he or she does, or would need to do, any of the following
to complete an affidavit of voter registration:
   (1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
   (2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
   (3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
   (4) Completes the affidavit of voter registration with reasonable
accommodations.




  SEC. 13.  (a) Section 3.5 of this bill incorporates amendments to
Section 2102 of the Elections Code, as amended by Section 6.5 of
Chapter 909 of the Statutes of 2014, proposed by both this bill and
Assembly Bill 1461. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 2102 of the Elections Code, as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill
is enacted after Assembly Bill 1461, in which case Section 3 of this
bill shall not become operative.
   (b) Section 4.5 of this bill incorporates amendments to Section
2150 of the Elections Code, as amended by Section 8 of Chapter 1 of
the Statutes of 2009, proposed by both this bill and Assembly Bill
1020. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2016, (2) each bill
amends Section 2150 of the Elections Code, as amended by Section 8 of
Chapter 1 of the Statutes of 2009, and (3) this bill is enacted
after Assembly Bill 1020, in which case Section 4 of this bill shall
not become operative.
   (c) Section 5.5 of this bill incorporates amendments to Section
2150 of the Elections Code, as amended by Section 3 of Chapter 619 of
the Statutes of 2014, proposed by both this bill and Assembly Bill
1020. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2016, (2) each bill
amends Section 2150 of the Elections Code, as amended by Section 3 of
Chapter 619 of the Statutes of 2014, and (3) this bill is enacted
after Assembly Bill 1020, in which case Section 5 of this bill shall
not become operative.
   (d) Section 6.5 of this bill incorporates amendments to Section
2208 of the Elections Code proposed by both this bill and Assembly
Bill 1020. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2) each
bill amends Section 2208 of the Elections Code, and (3) this bill is
enacted after Assembly Bill 1020, in which case Section 6 of this
bill shall not become operative.
   (e) Section 7.5 of this bill incorporates amendments to Section
2209 of the Elections Code proposed by both this bill and Assembly
Bill 1020. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2) each
bill amends Section 2209 of the Elections Code, and (3) this bill is
enacted after Assembly Bill 1020, in which case Section 7 of this
bill shall not become operative.
  SEC. 14.  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 implements a federal law or
regulation and results only in costs mandated by the federal
government, within the meaning of Section 17556 of the Government
Code.
   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.        
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