AB 1020: Elections: voter registration.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-10
Existing law provides that a person is entitled to register 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 18 years of age at the time of the next registration.
This bill would provide that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age.
Existing law authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
The bill would delete this authorization and make conforming changes to related provisions of law.
Existing law requires the county elections official to accept affidavits of registration at all times except during the 14 days immediately preceding an election and requires the county elections official to accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election and if a specified circumstance applies.
The bill would delete these provisions of law.
Existing law authorizes the county elections official of any county to receive the affidavit of registration of any elector who resides or claims residence in another county in this state and provides that this method of registration is effective for all elections occurring 29 or more days after receipt of the affidavit of registration. Existing law also sets forth the acceptance procedure for the county elections official in the event a voter provides notification of a change of address.
The bill would instead specify that registration by the above-described method would be effective for an election occurring 15 or more days after receipt of the affidavit of registration by the county elections official. The bill would also modify the procedure for the acceptance of affidavits of voter registration, reregistration, or notification of a transfer of registration for an election.
Existing law authorizes any person filing with the county elections official a new affidavit of registration or reregistration to have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list, roster, or index prepared therefrom, declared confidential upon a superior court order, as specified.
The bill would impose new requirements on county elections officials relating to voters moving into a new county who wish to apply for confidential voter status. By imposing new requirements on local officials, the bill would impose a state-mandated local program.
Existing law requires the county elections official to print a complete index and authorizes the official to print a continuing index, by precinct, to the affidavits of registration current at the date of printing. Each county elections official is also required to send to the Secretary of State a summary statement of the number of voters in the county.
The bill would modify these provisions of law and require that the county elections official provide an electronic copy of the index and of supplements to the index. The bill would also require a county elections official to provide detailed notice to the Secretary of State that specified voter information is available.
The bill would correct incorrect cross-references and delete obsolete provisions of law.
Existing law requires the county elections official to cancel voter registration at the signed, written request of the person registered, when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, upon the production of a certified copy of a judgment directing that the cancellation be made, or upon the death of the person registered.
The bill would authorize the Secretary of State to cancel a persons registration when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, and upon the death of the person registered.
In specified circumstances, existing law requires a court to determine whether a person is capable of completing an affidavit of registration or otherwise qualified to vote. If the court determines that the person is not capable of completing the affidavit or is not qualified to vote, the court is required to order the person to be disqualified from voting and to notify the county elections official. In the event a persons right to register to vote is restored, the court is required to notify the county elections official.
The bill would instead require the court to notify the Secretary of State in the event a person is disqualified from voting or his or her right to register to vote is restored.
Existing law authorizes a county elections official to send an alternate residency confirmation postcard to a voter if the voter has not voted in an election within the preceding 4 years and his or her residence address, name, or party affiliation has not been updated during that time. A county elections official is required to send a forwardable notice to a voter to enable the voter to verify or correct residency information based on change-of-address data.
The bill would modify the form and content of the alternate residency confirmation postcard and forwardable notice.
Under existing law, any deputy registrar of voters having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration.
The bill would instead specify that any individual or organization having charge of affidavits of registration who knowingly neglects or refuses to return affidavits of registration is guilty of a misdemeanor. By creating a new crime, the bill would create a state-mandated local program.
The bill would incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 477, that would become operative only if AB 477 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
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.
This bill, except as specified, would become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.
Existing law provides that a person is entitled to register 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 18 years of age at the time of the next registration.
This bill would provide that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age.
Existing law authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
The bill would delete this authorization and make conforming changes to related provisions of law.
Existing law requires the county elections official to accept affidavits of registration at all times except during the 14 days immediately preceding an election and requires the county elections official to accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election and if a specified circumstance applies.
The bill would delete these provisions of law.
Existing law authorizes the county elections official of any county to receive the affidavit of registration of any elector who resides or claims residence in another county in this state and provides that this method of registration is effective for all elections occurring 29 or more days after receipt of the affidavit of registration. Existing law also sets forth the acceptance procedure for the county elections official in the event a voter provides notification of a change of address.
The bill would instead specify that registration by the above-described method would be effective for an election occurring 15 or more days after receipt of the affidavit of registration by the county elections official. The bill would also modify the procedure for the acceptance of affidavits of voter registration, reregistration, or notification of a transfer of registration for an election.
Existing law authorizes any person filing with the county elections official a new affidavit of registration or reregistration to have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list, roster, or index prepared therefrom, declared confidential upon a superior court order, as specified.
The bill would impose new requirements on county elections officials relating to voters moving into a new county who wish to apply for confidential voter status. By imposing new requirements on local officials, the bill would impose a state-mandated local program.
Existing law requires the county elections official to print a complete index and authorizes the official to print a continuing index, by precinct, to the affidavits of registration current at the date of printing. Each county elections official is also required to send to the Secretary of State a summary statement of the number of voters in the county.
The bill would modify these provisions of law and require that the county elections official provide an electronic copy of the index and of supplements to the index. The bill would also require a county elections official to provide detailed notice to the Secretary of State that specified voter information is available.
The bill would correct incorrect cross-references and delete obsolete provisions of law.
Existing law requires the county elections official to cancel voter registration at the signed, written request of the person registered, when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, upon the production of a certified copy of a judgment directing that the cancellation be made, or upon the death of the person registered.
The bill would authorize the Secretary of State to cancel a persons registration when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, and upon the death of the person registered.
In specified circumstances, existing law requires a court to determine whether a person is capable of completing an affidavit of registration or otherwise qualified to vote. If the court determines that the person is not capable of completing the affidavit or is not qualified to vote, the court is required to order the person to be disqualified from voting and to notify the county elections official. In the event a persons right to register to vote is restored, the court is required to notify the county elections official.
The bill would instead require the court to notify the Secretary of State in the event a person is disqualified from voting or his or her right to register to vote is restored.
Existing law authorizes a county elections official to send an alternate residency confirmation postcard to a voter if the voter has not voted in an election within the preceding 4 years and his or her residence address, name, or party affiliation has not been updated during that time. A county elections official is required to send a forwardable notice to a voter to enable the voter to verify or correct residency information based on change-of-address data.
The bill would modify the form and content of the alternate residency confirmation postcard and forwardable notice.
Under existing law, any deputy registrar of voters having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration.
The bill would instead specify that any individual or organization having charge of affidavits of registration who knowingly neglects or refuses to return affidavits of registration is guilty of a misdemeanor. By creating a new crime, the bill would create a state-mandated local program.
The bill would incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 477, that would become operative only if AB 477 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
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.
This bill, except as specified, would become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.
Existing law provides that a person is entitled to register 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 18 years of age at the time of the next registration.
This bill would provide that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age.
Existing law authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
The bill would delete this authorization and make conforming changes to related provisions of law.
Existing law requires the county elections official to accept affidavits of registration at all times except during the 14 days immediately preceding an election and requires the county elections official to accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election and if a specified circumstance applies.
The bill would delete these provisions of law.
Existing law authorizes the county elections official of any county to receive the affidavit of registration of any elector who resides or claims residence in another county in this state and provides that this method of registration is effective for all elections occurring 29 or more days after receipt of the affidavit of registration. Existing law also sets forth the acceptance procedure for the county elections official in the event a voter provides notification of a change of address.
The bill would instead specify that registration by the above-described method would be effective for an election occurring 15 or more days after receipt of the affidavit of registration by the county elections official. The bill would also modify the procedure for the acceptance of affidavits of voter registration, reregistration, or notification of a transfer of registration for an election.
Existing law authorizes any person filing with the county elections official a new affidavit of registration or reregistration to have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list, roster, or index prepared therefrom, declared confidential upon a superior court order, as specified.
The bill would impose new requirements on county elections officials relating to voters moving into a new county who wish to apply for confidential voter status. By imposing new requirements on local officials, the bill would impose a state-mandated local program.
Existing law requires the county elections officer official to print a complete index and authorizes the officer official to print a continuing index, by precinct, to the affidavits of registration current at the date of printing. Each county elections official is also required to send to the Secretary of State a summary statement of the number of voters in the county.
The bill would modify these provisions of law and require that the county elections officer official provide an electronic copy of the index and of supplements to the index. The bill would also require a county elections official to provide detailed notice to the Secretary of State that specified voter information is available.
The bill would correct incorrect cross-references and delete obsolete provisions of law.
Existing law requires the county elections official to cancel voter registration at the signed, written request of the person registered, when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, upon the production of a certified copy of a judgment directing that the cancellation be made, or upon the death of the person registered.
The bill would authorize the Secretary of State to cancel a persons registration when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, and upon the death of the person registered.
In specified circumstances, existing law requires a court to determine whether a person is capable of completing an affidavit of registration or otherwise qualified to vote. If the court determines that the person is not capable of completing the affidavit or is not qualified to vote, the court is required to order the person to be disqualified from voting and to notify the county elections official. In the event a persons right to register to vote is restored, the court is required to notify the county elections official.
The bill would instead require the court to notify the Secretary of State in the event a person is disqualified from voting or his or her right to register to vote is restored.
Existing law authorizes a county elections official to send an alternate residency confirmation postcard to a voter if the voter has not voted in an election within the preceding 4 years and his or her residence address, name, or party affiliation has not been updated during that time. A county elections official is required to send a forwardable notice to a voter to enable the voter to verify or correct residency information based on change-of-address data.
The bill would modify the form and content of the alternate residency confirmation postcard and forwardable notice.
Under existing law, any deputy registrar of voters having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration.
The bill would instead specify that any individual or organization having charge of affidavits of registration who knowingly neglects or refuses to return affidavits of registration is guilty of a misdemeanor. By creating a new crime, the bill would create a state-mandated local program.
The bill would incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 477, that would become operative only if AB 477 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
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.
This bill, except as specified, would become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.
Existing law provides that a person is entitled to register 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 18 years of age at the time of the next registration.
This bill would provide that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age.
Existing law authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
The bill would delete this authorization and make conforming changes to related provisions of law.
Existing law requires the county elections official to accept affidavits of registration at all times except during the 14 days immediately preceding an election and requires the county elections official to accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election and if a specified circumstance applies.
The bill would delete these provisions of law.
Existing law authorizes the county elections official of any county to receive the affidavit of registration of any elector who resides or claims residence in another county in this state and provides that this method of registration is effective for all elections occurring 29 or more days after receipt of the affidavit of registration. Existing law also sets forth the acceptance procedure for the county elections official in the event a voter provides notification of a change of address.
The bill would instead specify that registration by the above-described method would be effective for an election occurring 15 or more days after receipt of the affidavit of registration by the county elections official. The bill would also modify the procedure for the acceptance of affidavits of voter registration, reregistration, or notification of a transfer of registration for an election.
Existing law authorizes any person filing with the county elections official a new affidavit of registration or reregistration to have the information relating to his or her residence address, telephone number, and e-mail email address appearing on the affidavit, or any list, roster, or index prepared therefrom, declared confidential upon a superior court order, as specified.
The bill would impose new requirements on county elections officials relating to voters moving into a new county who wish to apply for confidential voter status. By imposing new requirements on local officials, the bill would impose a state-mandated local program.
Existing law requires the county elections officer to print a complete index and authorizes the officer to print a continuing index, by precinct, to the affidavits of registration current at the date of printing. Each county elections official is also required to send to the Secretary of State a summary statement of the number of voters in the county.
The bill would modify these provisions of law and require that the county elections officer provide an electronic copy of the index and of supplements to the index. The bill would also require a county elections official to provide detailed notice to the Secretary of State that specified voter information is available.
The bill would correct incorrect cross-references and delete obsolete provisions of law.
Existing law requires the county elections official to cancel voter registration at the signed, written request of the person registered, when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, upon the production of a certified copy of a judgment directing that the cancellation be made, or upon the death of the person registered.
The bill would authorize the Secretary of State to cancel a persons registration when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, and upon the death of the person registered.
In specified circumstances, existing law requires a court to determine whether a person is capable of completing an affidavit of registration or otherwise qualified to vote. If the court determines that the person is not capable of completing the affidavit or is not qualified to vote, the court is required to order the person to be disqualified from voting and to notify the county elections official. In the event a persons right to register to vote is restored, the court is required to notify the county elections official.
The bill would instead require the court to notify the Secretary of State in the event a person is disqualified from voting or his or her right to register to vote is restored.
Existing law authorizes a county elections official to send an alternate residency confirmation postcard to a voter if the voter has not voted in an election within the preceding 4 years and his or her residence address, name, or party affiliation has not been updated during that time. A county elections official is required to send a forwardable notice to a voter to enable the voter to verify or correct residency information based on change-of-address data.
The bill would modify the form and content of the alternate residency confirmation postcard and forwardable notice.
Under existing law, any deputy registrar of voters having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration.
The bill would instead specify that any individual or organization having charge of affidavits of registration who knowingly neglects or refuses to return affidavits of registration is guilty of a misdemeanor. By creating a new crime, the bill would create 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.
This bill would become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.
Existing law provides that a person is entitled to register 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 18 years of age at the time of the next registration.
This bill would provide that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age.
Existing law authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
The bill would delete this authorization and make conforming changes to related provisions of law.
Existing law requires the county elections official to accept affidavits of registration at all times except during the 14 days immediately preceding an election and requires the county elections official to accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election and if a specified circumstance applies.
The bill would delete these provisions of law.
Existing law authorizes the county elections official of any county to receive the affidavit of registration of any elector who resides or claims residence in another county in this state and provides that this method of registration is effective for all elections occurring 29 or more days after receipt of the affidavit of registration. Existing law also sets forth the acceptance procedure for the county elections official in the event a voter provides notification of a change of address.
The bill would instead specify that registration by the above-described method would be effective for an election occurring 15 or more days after receipt of the affidavit of registration by the county elections official. The bill would also modify the procedure for the acceptance of affidavits of voter registration, reregistration, or notification of a transfer of registration for an election.
Existing law authorizes any person filing with the county elections official a new affidavit of registration or reregistration to have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list, roster, or index prepared therefrom, declared confidential upon a superior court order, as specified.
The bill would impose new requirements on county elections officials relating to voters moving into a new county who wish to apply for confidential voter status. By imposing new requirements on local officials, the bill would impose a state-mandated local program.
Existing law requires the county elections officer to print a complete index and authorizes the officer to print a continuing index, by precinct, to the affidavits of registration current at the date of printing. Each county elections official is also required to send to the Secretary of State a summary statement of the number of voters in the county.
The bill would modify these provisions of law and require that the county elections officer provide an electronic copy of the index and of supplements to the index. The bill would also require a county elections official to provide detailed notice to the Secretary of State that specified voter information is available.
The bill would correct incorrect cross-references and delete obsolete provisions of law.
Existing law requires the county elections official to cancel voter registration at the signed, written request of the person registered, when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, upon the production of a certified copy of a judgment directing that the cancellation be made, or upon the death of the person registered.
The bill would authorize the Secretary of State to cancel a persons registration when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, and upon the death of the person registered.
In specified circumstances, existing law requires a court to determine whether a person is capable of completing an affidavit of registration or otherwise qualified to vote. If the court determines that the person is not capable of completing the affidavit or is not qualified to vote, the court is required to order the person to be disqualified from voting and to notify the county elections official. In the event a persons right to register to vote is restored, the court is required to notify the county elections official.
The bill would instead require the court to notify the Secretary of State in the event a person is disqualified from voting or his or her right to register to vote is restored.
Existing law authorizes a county elections official to send an alternate residency confirmation postcard to a voter if the voter has not voted in an election within the preceding 4 years and his or her residence address, name, or party affiliation has not been updated during that time. A county elections official is required to send a forwardable notice to a voter to enable the voter to verify or correct residency information based on change-of-address data.
The bill would modify the form and content of the alternate residency confirmation postcard and forwardable notice.
Under existing law, any deputy registrar of voters having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration.
The bill would instead specify that any individual or organization having charge of affidavits of registration who knowingly neglects or refuses to return affidavits of registration is guilty of a misdemeanor. By creating a new crime, the bill would create 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.
This bill would become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.
Existing law sets forth the procedures for registering to vote and processing voter registration. Existing law requires, if a voter reregisters or transfers his or her registration from one precinct to another, that the former address be entered in the prior registration portion of the affidavit and the former registration be canceled, except as specified.
This bill would instead require that the former address be maintained with the voter record and the registration be updated.
Existing law sets forth the procedures for registering to vote and processing voter registration. Existing law requires, if a voter reregisters or transfers his or her registration from one precinct to another, that the former address be entered in the prior registration portion of the affidavit and the former registration be canceled, except as specified.
This bill would instead require that the former address be maintained with the voter record and the registration be updated.
(a)Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
(b)Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c)Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
SEC. 2.Section 2101 of the Elections Code is amended to read:2101.(a)A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b)A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
SEC. 3.Section 2103 of the Elections Code is amended to read:2103.(a)It is the intent of the Legislature that the election board of each county, in order to promote and encourage voter registrations, shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.
(b)It is also the intent of the Legislature that county elections officials, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations in such a way as to reach most effectively every resident of the county.
(c)It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.
(d)It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of registration and voter registration cards, in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965, by using the countys Internet Web site.
SEC. 4.Section 2104 of the Elections Code is repealed.SEC. 5.Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, 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 imprisoned 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 imprisoned or on parole for the conviction of a felony, and at least 16 years of age. A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: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 imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the election.
SEC. 7.Section 2107 of the Elections Code, as amended by Section 7 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 8.Section 2107 of the Elections Code, as amended by Section 8 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 9.Section 2108 of the Elections Code is repealed.SEC. 10.Section 2109 of the Elections Code is repealed.SEC. 11.Section 2110 of the Elections Code is repealed.SEC. 12.Section 2113 of the Elections Code is repealed.SEC. 13.Section 2114 of the Elections Code is amended to read:2114.The county elections official of any county in this state may receive the affidavit of registration of any elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.
Registration by this method shall be effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the county elections official to which the affidavit is mailed or delivered by the elector.
SEC. 14.Section 2115 of the Elections Code is amended to read:2115.Whenever a voter, between the time of that persons last registration and the time for the closing of registration for any given election, has lawfully changed his or her surname, the voter shall reregister under the new or changed name. The voter shall make an additional statement at the time of reregistration, giving the name under which he or she was last registered.
This additional statement shall be given in the prior registration portion of the affidavit of registration before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the registration of the voter shall be immediately updated.
SEC. 15.Section 2117 of the Elections Code is repealed.SEC. 16.Section 2118 of the Elections Code is repealed.SEC. 17.Section 2118.5 of the Elections Code is repealed.SEC. 18.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d) and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or a written notice. The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become inoperative on January 1, 2017.
SEC. 19.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d), Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or written notice.
The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become operative on January 1, 2017.
SEC. 20.Section 2120 of the Elections Code is amended to read:2120.(a)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter provides the new address, the elections official shall immediately update the voters registration and the former address shall be maintained with the voter record.
(b)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter does not provide the new address, the elections official shall cancel the old registration for any election occurring at least 15 days after the receipt of the letter.
SEC. 21.Section 2135 of the Elections Code is repealed.SEC. 22.Section 2136 of the Elections Code is repealed.SEC. 23.Section 2137 of the Elections Code is repealed.SEC. 24.Section 2139 of the Elections Code is amended to read:2139.On the day of the close of registration for any election all individuals and organizations that have submitted plans for distribution shall immediately return all completed affidavits of registration in their possession to the county elections official. Unused affidavits shall be returned upon completion of the distribution plan.
SEC. 25.Section 2140 of the Elections Code is amended to read:2140.The county elections official shall report to the district attorney of the county, under oath, the name of any individuals or organizations that have submitted plans for distribution who have not complied with this article.
SEC. 26.Section 2141 of the Elections Code is repealed.SEC. 27.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants place of residence, residence telephone number, if furnished, and email address, if furnished. No person shall 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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. 27.5.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 affiants 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 affiants given name may be preceded, at the affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an affiant who has been issued a current and valid drivers license, the affiants drivers 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 affiants social security number.
(C)If a voter registration affiant has not been issued a current and valid drivers 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 affiants 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. 28.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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, 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. 28.5.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 affiants 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 affiants given name may be preceded, at the affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an affiant who has been issued a current and valid drivers license, the affiants drivers 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 affiants social security number.
(C)If a voter registration affiant has not been issued a current and valid drivers 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 affiants 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. 29.Section 2155.3 of the Elections Code is amended to read:2155.3.(a)In lieu of the voter notification required by Section 2155, a person under 18 years of age who submits an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, as amended by the act adding this section shall be sent a voter preregistration notice upon a determination that the affidavit of registration is properly executed and that the person otherwise satisfies all eligibility requirements to vote, except that he or she is under 18 years of age. The county elections official shall send the voter preregistration notice by nonforwardable, first-class mail, address correction requested.
(b)The voter preregistration notice required by subdivision (a) shall be substantially in the following form:
VOTER PREREGISTRATION NOTICE
Thank you for preregistering to vote. You may vote in any election held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our office or update your preregistration at the Internet Web site of the Secretary of State.
SEC. 30.Section 2157 of the Elections Code is amended to read:2157.
(a)Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following:
(1)Contain the information prescribed in Section 2150.
(2)Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county.
(3)Be included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line.
(4)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following:
Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of States Safe At Home program or visit the Secretary of States Web site.
(5)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State.
(6)Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information.
(7)Be returnable to the county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State.
(b)Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration.
(c)The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section or Section 2150.
(d) An affidavit of registration shall not be submitted electronically on a countys Internet Web site. However, a county may provide a hyperlink on the countys Internet Web site to the Secretary of States electronic voter registration system.
SEC. 31.Section 2158 of the Elections Code is amended to read:2158.County elections officials shall do all of the following:
(a)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.
(b)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county.
(1)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards.
(2)If, after completing his or her voter registration card, an elector entrusts it to another person, the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter.
(3)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards.
(4)If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card instructing the recipients to disregard the cards if they are currently registered voters.
(c)Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card.
SEC. 32.Section 2160 of the Elections Code is repealed.SEC. 33.Section 2163 of the Elections Code is amended to read:2163.The Secretary of State shall prepare an appropriate voter registration logo that may be displayed by offices, stores, and other establishments indicating the availability of voter registration for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization.
SEC. 34.Section 2165 of the Elections Code is amended to read:2165.Affidavits of registration shall be processed immediately.
SEC. 35.Section 2166 of the Elections Code is amended to read:2166.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voters household, and naming the county elections official as a party.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60 days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness.
SEC. 36.Section 2166.5 of the Elections Code is amended to read:2166.5.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participants certification.
SEC. 37.Section 2166.7 of the Elections Code is amended to read:2166.7.(a)If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officers residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b)The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officers family. The application shall be a public record.
(c)The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60-days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f)A public safety officer has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code.
SEC. 38.Section 2168 of the Elections Code is amended to read:2168.The Secretary of State shall establish and maintain a statewide system to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration.
SEC. 39.Section 2180 of the Elections Code is repealed.SEC. 40.Section 2181 of the Elections Code is repealed.SEC. 41.Section 2182 of the Elections Code is repealed.SEC. 42.Section 2183 of the Elections Code is amended to read:2183.(a)The elections official shall supply an electronic copy, or paper copy upon request, of the index and of supplements to the index, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply copies of the index and supplements as may be requested by the elections official of a city, school district, or other body. The name of each voter whose affidavit of registration has been canceled shall be removed from the index and supplement. The county elections official may charge an amount sufficient to reimburse the county for the expense incurred in preparing and furnishing the indexes of registrations and supplements.
(b)(1)The index shall contain the name, address, residence telephone number if furnished, and political party preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters.
(2)The name shall include the given name and the middle name or initials, if any. At the affiants option, the given name may be preceded by the designation Miss, Ms., Mrs., or Mr.
SEC. 43.Section 2184 of the Elections Code is amended to read:2184.Upon request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee the index of the registration for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund.
SEC. 44.Section 2185 of the Elections Code is amended to read:2185.Upon written request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the index of registration for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The county elections official shall furnish one copy per election in an electronic form, or in paper form upon request, of the indexes specified in this section.
SEC. 45.Section 2187 of the Elections Code is amended to read:2187.(a)Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1)The total number of voters in the county.
(2)The number registered as preferring each qualified political party.
(3)The number registered as preferring nonqualified parties.
(4)The number registered without choosing a political party preference.
(5)The number of voters by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A)A supervisorial district.
(B)Congressional district.
(C)Senate district.
(D)Assembly district.
(E)Board of Equalization district.
(F)Cities and unincorporated areas.
(b)The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c)The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1)On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election.
(2)Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election.
(3)Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election.
(4)Not less than 102 days prior to each presidential general election, with respect to voters registered before the 123rd day before the presidential general election.
(5)Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election.
(6)Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election.
(7)On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10.
(d)The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.
SEC. 46.Section 2188 of the Elections Code is amended to read:2188.(a)Any application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county shall be made pursuant to this section.
(b)The application shall set forth all of the following:
(1)The printed or typed name of the applicant in full.
(2)The complete residence address and complete business address of the applicant, giving street and number. If no street or number exists, a postal mailing address as well as an adequate designation sufficient to readily ascertain the location.
(3)The telephone number of the applicant, if one exists.
(4)The number of the applicants drivers license, state identification card, or other identification approved by the Secretary of State if the applicant does not have a drivers license or state identification card.
(5)The specific information requested.
(6)A statement of the intended use of the information requested.
(c)If the application is on behalf of a person other than the applicant, the applicant shall, in addition to the information required by subdivision (b), set forth all of the following:
(1)The name of the person, organization, company, committee, association, or group requesting the voter registration information, including their complete mailing address and telephone number.
(2)The name of the person authorizing or requesting the applicant to obtain the voter registration information.
(d)The elections official shall request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form.
(e)The applicant shall certify to the truth and correctness of the content of the application, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The applicant shall state the date and place of execution of the declaration.
(f)Completed applications for voter registration information shall be retained by the elections official for five years from the date of application.
(g)This section shall not apply to requests for information by elections officials for election purposes or by other public agencies for governmental purposes.
(h)The Secretary of State may prescribe additional information to be included in the application for voter registration information.
(i)A county may not provide information for any political subdivision that is not wholly or partially contained within that county.
SEC. 47.Section 2188.1 of the Elections Code is amended to read:2188.1.The Secretary of State may insert fictitious names of voters into the voter registration information database as an investigative and enforcement tool for determining inappropriate or unauthorized uses of voter registration information.
SEC. 48.Section 2188.5 of the Elections Code is amended to read:2188.5.(a)A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, political party qualification, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
(b)For purposes of this section, United States includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States.
SEC. 49.Section 2190 of the Elections Code is repealed.SEC. 50.Section 2191 of the Elections Code is amended to read:2191.Upon request, the elections official shall compile an index, list, or file, by precinct, of all persons who voted in previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that information which is required to appear in the index as set forth in Section 2183.
Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the index, list, or file compiled pursuant to this section. The elections official shall inform any recipient of this information as to whether the index, list, or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information as a condition to furnishing the information contained in this section.
SEC. 51.Section 2192 of the Elections Code is repealed.SEC. 52.Section 2193 of the Elections Code is amended to read:2193.The Secretary of State shall, from the information furnished by the county elections officials pursuant to Section 2187, identify possible duplicate voter registrations. Those voter registrations determined to be duplicates shall be merged and the voter registration bearing the most recent date shall be the active record for that voter.
SEC. 53.Section 2194 of the Elections Code is amended to read:2194.(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 54.Section 2196 of the Elections Code is amended to read:2196.(a)(1)Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California drivers license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.
(2)An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.
(3)The affiant shall affirmatively attest to the truth of the information provided in the affidavit.
(4)For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her drivers license or state identification card.
(5)For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicants signature from his or her drivers license or state identification card directly from the Department of Motor Vehicles.
(6)The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:
(A)The number from his or her California drivers license or state identification card.
(B)His or her date of birth.
(C)The last four digits of his or her social security number.
(D)Any other information the Secretary of State deems necessary to establish the identity of the affiant.
(7)Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:
(A)That the applicant has a California drivers license or state identification card and that the number for that drivers license or identification card provided by the applicant matches the number for that persons drivers license or identification card that is on file with the Department of Motor Vehicles.
(B)That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.
(8)The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section.
(b)The Department of Motor Vehicles shall utilize the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(c)The Department of Motor Vehicles and the Secretary of State shall maintain a process and the infrastructure to allow the electronic copy of the applicants signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.
(d)If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of States Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official.
SEC. 55.Section 2200 of the Elections Code is amended to read:2200.The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article.
SEC. 56.Section 2201 of the Elections Code is amended to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(3)Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned or on parole for the conviction of a felony.
(3)Upon the death of the person registered.
SEC. 57.Section 2202 of the Elections Code is amended to read:2202.(a)The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194.
The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2183) of Chapter 2.
(b)In lieu of maintaining uncanceled affidavits of registration, the county elections official may microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.
SEC. 58.Section 2203 of the Elections Code is repealed.SEC. 59.Section 2204 of the Elections Code is repealed.SEC. 60.Section 2206 of the Elections Code is amended to read:2206.The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.
SEC. 61.Section 2208 of the Elections Code is amended to read:2208.(a)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 that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4)A person has plead 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 that the person is not capable of completing an affidavit of voter registration 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 that the person is not capable of completing an affidavit of voter registration, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons 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.
SEC. 61.5.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 persons 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 persons 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. 62.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 persons capability of completing an affidavit of voter registration in accordance with Section 2150.
(b)(1)If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, and the investigator shall so inform the court.
(2)If the investigator finds that the person is capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the court shall hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person is found to be capable of completing the affidavit, the persons 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 had not been found to be incapable of completing an affidavit of voter registration, and the court investigator determines that the person is no longer capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration in accordance with Section 2150 and subdivision (d) of Section 2208. If the court determines that the person is not so able, 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. 62.5.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 persons 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 persons 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. 63.Section 2210 of the Elections Code is amended to read:2210.(a)If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest his or her disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b)When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.
(c)If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.
SEC. 64.Section 2211 of the Elections Code is amended to read:2211.(a)Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.
(b)Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.
(c)If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.
SEC. 65.Section 2212 of the Elections Code is amended to read:2212.The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerks last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 66.Section 2221 of the Elections Code is amended to read:2221.(a)Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions:
(1)The affidavits of registration of persons whose residency confirmation postcards are returned by the post office as undeliverable and who have no forwarding address shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. These persons shall be mailed the confirmation notices described in subdivision (c) of Section 2225.
(2)The affidavits of registration of persons for whom forwarding addresses within the county or outside the county are received shall be immediately updated to reflect the new address provided by the post office and the former address shall be maintained with the voter record. These persons shall be mailed the confirmation notices described in subdivision (b) of Section 2225.
(b)All updates to affidavits of registration made pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 67.Section 2224 of the Elections Code is amended to read:2224.(a)If a voter has not voted in an election within the preceding four years, and his or her residence address, name, or party preference has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or sample ballot returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.
IMPORTANT NOTICE
According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in California you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.
If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(b)The use of a toll-free number to confirm the old residence address is optional. Any change to a voters address shall be received in writing.
(c)A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing.
SEC. 68.Section 2225 of the Elections Code is amended to read:2225.(a)Based on change-of-address data received from the United States Postal Service or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter has moved and has given no forwarding address shall not require the mailing of a forwardable notice to that voter.
(b)If postal service change-of-address data indicates that the voter has moved to a new residence address in California, the forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in California. You will be registered to vote at your new address unless you notify our office within 15 days that the address to which this card was mailed is not a change of your permanent residence. You must notify our office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a permanent residence, and if you do not notify us within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(c)If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address, a forwardable notice shall be sent in substantially the following form:
We are attempting to verify postal notification that the voter to whom this card is addressed has moved and left no forwarding address. If the person receiving this card is the addressed voter, please confirm your continued residence or provide current residence information on the attached postage-paid postcard within 15 days. If you do not return this card and continue to reside in California, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote.
(d)The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing.
SEC. 69.Section 2226 of the Elections Code is amended to read:2226.(a)Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1)If the information indicates the voter has moved to a new residence address in California, the county elections official shall immediately update the voters registration.
(2)If the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address as required by Section 2224, the county elections official may place the voters name on the inactive file of registered voters who do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration-related processes.
(b)The voter registration of any voter whose name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing required by Section 2225, and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing, may be canceled.
(c)Any voter whose name has been placed on the inactive file of registered voters and offers to vote at any election between the date of the verification notice, and two federal general elections after the date of notice, or who notifies the elections official of a continued residency, shall be removed from the inactive file and placed on the active voter file.
(d)All address updates, cancellations, and inactive transactions made to the voter registration file pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 70.Section 2227 of the Elections Code is amended to read:2227.(a)In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section.
(b)If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur:
(1)For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees.
(2)The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed his or her residence address.
(c)(1)Notwithstanding Section 2194 of this code or Section 6254.4 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voters name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section.
(2)A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, or 2166.7 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(d)A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section.
(e)Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.
(f)The county elections official shall take all of the following actions as appropriate:
(1)If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address in California, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, immediately update the voters registration with the new residence address.
(2)If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that he or she has moved to a new residence address, the elections official shall not place the voters name on the inactive file of registered voters or cancel the voter registration.
(g)For purposes of this section, consumer credit reporting agency has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code.
SEC. 71.Section 3009 of the Elections Code is amended to read:3009.(a)Upon receipt of any vote by mail ballot application signed by the voter that arrives within the proper time, the elections official should determine if the signature and residence address on the ballot application appear to be the same as that on the original affidavit of registration. The elections official may make this signature check upon receiving the voted ballot, but the signature must be compared before the vote by mail voter ballot is canvassed.
(b)If the elections official deems the applicant entitled to a vote by mail voters ballot he or she shall deliver by mail or in person the appropriate ballot. The ballot may be delivered to the applicant, his or her spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicants spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and his or her relationship to the applicant, and affirms that he or she is 16 years of age or older, and is authorized by the applicant to deliver the vote by mail ballot.
(c)If the elections official determines that an application does not contain all of the information prescribed in Section 3001 or 3006, or for any other reason is defective, and the elections official is able to ascertain the voters address, the elections official shall, within one working day of receiving the application, mail the voter a vote by mail voters ballot together with a notice. The notice shall inform the voter that the voters vote by mail voters ballot shall not be counted unless the applicant provides the elections official with the missing information or corrects the defects prior to, or at the time of, receipt of the voters executed vote by mail voters ballot. The notice shall specifically inform the voter of the information that is required or the reason for the defects in the application, and shall state the procedure necessary to remedy the defective application.
If the voter substantially complies with the requirements contained in the elections officials notice, the voters ballot shall be counted.
In determining from the records of registration if the signature and residence address on the application appear to be the same as that on the original affidavit of registration, the elections official or registrar of voters may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
SEC. 72.Section 3010 of the Elections Code is amended to read:3010.The elections official shall deliver to each qualified applicant:
(a)The ballot for the precinct in which he or she resides. In primary elections this shall also be accompanied by the ballot for the central committee of the party for which the voter has disclosed a preference, if any.
(b)All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered to any voter under this chapter.
SEC. 73.Section 3011 of the Elections Code is amended to read:3011.(a)The identification envelope shall contain all of the following:
(1)A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope.
(2)The signature of the voter.
(3)The residence address of the voter as shown on the affidavit of registration.
(4)The date of signing.
(5)A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(6)A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7)A warning plainly stamped or printed on it that the voter must sign the envelope in his or her own handwriting in order for the ballot to be counted.
(8)A statement that the voter has neither applied, nor intends to apply, for a vote by mail voters ballot from any other jurisdiction for the same election.
(9)The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(10)The relationship to the voter of the person authorized to return the vote by mail ballot.
(11)The signature of the person authorized to return the vote by mail ballot.
(b)Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voters party preference may not be stamped or printed on the identification envelope.
SEC. 74.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 74.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 75.Section 8401 of the Elections Code is amended to read:8401.(a)Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles is permitted by law.
(d)The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.
(e)If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.
(f)If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.
SEC. 76.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county in which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.
(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law.
(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.
(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 77.Section 9114 of the Elections Code is amended to read:9114.Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
In determining the number of valid signatures, the elections official may check the signatures against facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law.
The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 78.Section 9115 of the Elections Code is amended to read:9115.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(d)The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 79.Section 9308 of the Elections Code is amended to read:9308.(a)Except as provided in Section 9309, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the district elections official shall examine the petition, and from the records of registration ascertain whether the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
(b)In determining the number of valid signatures, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(c)The district elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
(d)If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
(e)If the petition is found sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 80.Section 9309 of the Elections Code is amended to read:9309.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(d)The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 81.Section 11224 of the Elections Code is amended to read:11224.(a)Except as provided in Section 11225, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration, ascertain whether or not the petition is signed by the requisite number of voters. If the elections officials examination shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(b)In determining the number of valid signatures, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(c)The elections official shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(d)If the petition is found sufficient, the elections official shall certify the results of the examination to the governing board at its next regular meeting.
SEC. 82.Section 11225 of the Elections Code is amended to read:11225.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.
(c)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(d)If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.
(e)In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(f)The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(g)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(h)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.
SEC. 83.Section 14202 of the Elections Code is amended to read:14202.Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, not less than two of the copies of the index to the affidavits of registration for that precinct. The copies of the index may be by street address in numerical order.
SEC. 84.Section 18104 of the Elections Code is amended to read:18104.Any individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2135) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of any individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action.
SEC. 85.Section 18109 of the Elections Code is amended to read:18109.(a)It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of this code or Section 6254.4 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.
(b)It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188.
SEC. 86.(a)Section 27.5 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 Senate Bill 589. 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, and (3) this bill is enacted after Senate Bill 589, in which case Section 27 of this bill shall not become operative.
(b)Section 28.5 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 Senate Bill 589. 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, and (3) this bill is enacted after Senate Bill 589, in which case Section 28 of this bill shall not become operative.
(c)Section 61.5 of this bill incorporates amendments to Section 2208 of the Elections Code proposed by both this bill and Senate Bill 589. 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 Senate Bill 589, in which case Section 61 of this bill shall not become operative.
(d)Section 62.5 of this bill incorporates amendments to Section 2209 of the Elections Code proposed by both this bill and Senate Bill 589. 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 Senate Bill 589, in which case Section 62 of this bill shall not become operative.
(e)Section 74.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 477. 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 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 477, in which case Section 74 of this bill shall not become operative.
SEC. 87.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
SEC. 88.(a)This act shall become operative only if 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 (52 U.S.C. Sec. 20901 et seq.).
(b)Notwithstanding subdivision (a), any of Sections 27.5, 28.5, 61.5, 62.5, and 74.5 that becomes operative pursuant to Section 86 shall become operative on January 1, 2016.
(a)Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
(b)Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c)Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
SEC. 2.Section 2101 of the Elections Code is amended to read:2101.(a)A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b)A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
SEC. 3.Section 2103 of the Elections Code is amended to read:2103.(a)It is the intent of the Legislature that the election board of each county, in order to promote and encourage voter registrations, shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.
(b)It is also the intent of the Legislature that county elections officials, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations in such a way as to reach most effectively every resident of the county.
(c)It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.
(d)It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of registration and voter registration cards, in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965, by using the countys Internet Web site.
SEC. 4.Section 2104 of the Elections Code is repealed.SEC. 5.Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, 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 imprisoned 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 imprisoned or on parole for the conviction of a felony, and at least 16 years of age. A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: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 imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the election.
SEC. 7.Section 2107 of the Elections Code, as amended by Section 7 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 8.Section 2107 of the Elections Code, as amended by Section 8 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 9.Section 2108 of the Elections Code is repealed.SEC. 10.Section 2109 of the Elections Code is repealed.SEC. 11.Section 2110 of the Elections Code is repealed.SEC. 12.Section 2113 of the Elections Code is repealed.SEC. 13.Section 2114 of the Elections Code is amended to read:2114.The county elections official of any county in this state may receive the affidavit of registration of any elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.
Registration by this method shall be effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the county elections official to which the affidavit is mailed or delivered by the elector.
SEC. 14.Section 2115 of the Elections Code is amended to read:2115.Whenever a voter, between the time of that persons last registration and the time for the closing of registration for any given election, has lawfully changed his or her surname, the voter shall reregister under the new or changed name. The voter shall make an additional statement at the time of reregistration, giving the name under which he or she was last registered.
This additional statement shall be given in the prior registration portion of the affidavit of registration before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the registration of the voter shall be immediately updated.
SEC. 15.Section 2117 of the Elections Code is repealed.SEC. 16.Section 2118 of the Elections Code is repealed.SEC. 17.Section 2118.5 of the Elections Code is repealed.SEC. 18.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d) and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or a written notice. The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become inoperative on January 1, 2017.
SEC. 19.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d), Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or written notice.
The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become operative on January 1, 2017.
SEC. 20.Section 2120 of the Elections Code is amended to read:2120.(a)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter provides the new address, the elections official shall immediately update the voters registration and the former address shall be maintained with the voter record.
(b)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter does not provide the new address, the elections official shall cancel the old registration for any election occurring at least 15 days after the receipt of the letter.
SEC. 21.Section 2135 of the Elections Code is repealed.SEC. 22.Section 2136 of the Elections Code is repealed.SEC. 23.Section 2137 of the Elections Code is repealed.SEC. 24.Section 2139 of the Elections Code is amended to read:2139.On the day of the close of registration for any election all individuals and organizations that have submitted plans for distribution shall immediately return all completed affidavits of registration in their possession to the county elections official. Unused affidavits shall be returned upon completion of the distribution plan.
SEC. 25.Section 2140 of the Elections Code is amended to read:2140.The county elections official shall report to the district attorney of the county, under oath, the name of any individuals or organizations that have submitted plans for distribution who have not complied with this article.
SEC. 26.Section 2141 of the Elections Code is repealed.SEC. 27.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants place of residence, residence telephone number, if furnished, and email address, if furnished. No person shall 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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. 27.5.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 affiants 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 affiants given name may be preceded, at the affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an affiant who has been issued a current and valid drivers license, the affiants drivers 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 affiants social security number.
(C)If a voter registration affiant has not been issued a current and valid drivers 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 affiants 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. 28.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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, 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. 28.5.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 affiants 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 affiants given name may be preceded, at the affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an affiant who has been issued a current and valid drivers license, the affiants drivers 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 affiants social security number.
(C)If a voter registration affiant has not been issued a current and valid drivers 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 affiants 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. 29.Section 2155.3 of the Elections Code is amended to read:2155.3.(a)In lieu of the voter notification required by Section 2155, a person under 18 years of age who submits an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, as amended by the act adding this section shall be sent a voter preregistration notice upon a determination that the affidavit of registration is properly executed and that the person otherwise satisfies all eligibility requirements to vote, except that he or she is under 18 years of age. The county elections official shall send the voter preregistration notice by nonforwardable, first-class mail, address correction requested.
(b)The voter preregistration notice required by subdivision (a) shall be substantially in the following form:
VOTER PREREGISTRATION NOTICE
Thank you for preregistering to vote. You may vote in any election held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our office or update your preregistration at the Internet Web site of the Secretary of State.
SEC. 30.Section 2157 of the Elections Code is amended to read:2157.
(a)Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following:
(1)Contain the information prescribed in Section 2150.
(2)Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county.
(3)Be included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line.
(4)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following:
Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of States Safe At Home program or visit the Secretary of States Web site.
(5)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State.
(6)Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information.
(7)Be returnable to the county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State.
(b)Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration.
(c)The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section or Section 2150.
(d) An affidavit of registration shall not be submitted electronically on a countys Internet Web site. However, a county may provide a hyperlink on the countys Internet Web site to the Secretary of States electronic voter registration system.
SEC. 31.Section 2158 of the Elections Code is amended to read:2158.County elections officials shall do all of the following:
(a)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.
(b)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county.
(1)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards.
(2)If, after completing his or her voter registration card, an elector entrusts it to another person, the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter.
(3)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards.
(4)If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card instructing the recipients to disregard the cards if they are currently registered voters.
(c)Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card.
SEC. 32.Section 2160 of the Elections Code is repealed.SEC. 33.Section 2163 of the Elections Code is amended to read:2163.The Secretary of State shall prepare an appropriate voter registration logo that may be displayed by offices, stores, and other establishments indicating the availability of voter registration for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization.
SEC. 34.Section 2165 of the Elections Code is amended to read:2165.Affidavits of registration shall be processed immediately.
SEC. 35.Section 2166 of the Elections Code is amended to read:2166.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voters household, and naming the county elections official as a party.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60 days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness.
SEC. 36.Section 2166.5 of the Elections Code is amended to read:2166.5.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participants certification.
SEC. 37.Section 2166.7 of the Elections Code is amended to read:2166.7.(a)If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officers residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b)The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officers family. The application shall be a public record.
(c)The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60-days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f)A public safety officer has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code.
SEC. 38.Section 2168 of the Elections Code is amended to read:2168.The Secretary of State shall establish and maintain a statewide system to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration.
SEC. 39.Section 2180 of the Elections Code is repealed.SEC. 40.Section 2181 of the Elections Code is repealed.SEC. 41.Section 2182 of the Elections Code is repealed.SEC. 42.Section 2183 of the Elections Code is amended to read:2183.(a)The elections official shall supply an electronic copy, or paper copy upon request, of the index and of supplements to the index, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply copies of the index and supplements as may be requested by the elections official of a city, school district, or other body. The name of each voter whose affidavit of registration has been canceled shall be removed from the index and supplement. The county elections official may charge an amount sufficient to reimburse the county for the expense incurred in preparing and furnishing the indexes of registrations and supplements.
(b)(1)The index shall contain the name, address, residence telephone number if furnished, and political party preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters.
(2)The name shall include the given name and the middle name or initials, if any. At the affiants option, the given name may be preceded by the designation Miss, Ms., Mrs., or Mr.
SEC. 43.Section 2184 of the Elections Code is amended to read:2184.Upon request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee the index of the registration for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund.
SEC. 44.Section 2185 of the Elections Code is amended to read:2185.Upon written request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the index of registration for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The county elections official shall furnish one copy per election in an electronic form, or in paper form upon request, of the indexes specified in this section.
SEC. 45.Section 2187 of the Elections Code is amended to read:2187.(a)Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1)The total number of voters in the county.
(2)The number registered as preferring each qualified political party.
(3)The number registered as preferring nonqualified parties.
(4)The number registered without choosing a political party preference.
(5)The number of voters by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A)A supervisorial district.
(B)Congressional district.
(C)Senate district.
(D)Assembly district.
(E)Board of Equalization district.
(F)Cities and unincorporated areas.
(b)The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c)The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1)On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election.
(2)Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election.
(3)Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election.
(4)Not less than 102 days prior to each presidential general election, with respect to voters registered before the 123rd day before the presidential general election.
(5)Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election.
(6)Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election.
(7)On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10.
(d)The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.
SEC. 46.Section 2188 of the Elections Code is amended to read:2188.(a)Any application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county shall be made pursuant to this section.
(b)The application shall set forth all of the following:
(1)The printed or typed name of the applicant in full.
(2)The complete residence address and complete business address of the applicant, giving street and number. If no street or number exists, a postal mailing address as well as an adequate designation sufficient to readily ascertain the location.
(3)The telephone number of the applicant, if one exists.
(4)The number of the applicants drivers license, state identification card, or other identification approved by the Secretary of State if the applicant does not have a drivers license or state identification card.
(5)The specific information requested.
(6)A statement of the intended use of the information requested.
(c)If the application is on behalf of a person other than the applicant, the applicant shall, in addition to the information required by subdivision (b), set forth all of the following:
(1)The name of the person, organization, company, committee, association, or group requesting the voter registration information, including their complete mailing address and telephone number.
(2)The name of the person authorizing or requesting the applicant to obtain the voter registration information.
(d)The elections official shall request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form.
(e)The applicant shall certify to the truth and correctness of the content of the application, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The applicant shall state the date and place of execution of the declaration.
(f)Completed applications for voter registration information shall be retained by the elections official for five years from the date of application.
(g)This section shall not apply to requests for information by elections officials for election purposes or by other public agencies for governmental purposes.
(h)The Secretary of State may prescribe additional information to be included in the application for voter registration information.
(i)A county may not provide information for any political subdivision that is not wholly or partially contained within that county.
SEC. 47.Section 2188.1 of the Elections Code is amended to read:2188.1.The Secretary of State may insert fictitious names of voters into the voter registration information database as an investigative and enforcement tool for determining inappropriate or unauthorized uses of voter registration information.
SEC. 48.Section 2188.5 of the Elections Code is amended to read:2188.5.(a)A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, political party qualification, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
(b)For purposes of this section, United States includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States.
SEC. 49.Section 2190 of the Elections Code is repealed.SEC. 50.Section 2191 of the Elections Code is amended to read:2191.Upon request, the elections official shall compile an index, list, or file, by precinct, of all persons who voted in previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that information which is required to appear in the index as set forth in Section 2183.
Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the index, list, or file compiled pursuant to this section. The elections official shall inform any recipient of this information as to whether the index, list, or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information as a condition to furnishing the information contained in this section.
SEC. 51.Section 2192 of the Elections Code is repealed.SEC. 52.Section 2193 of the Elections Code is amended to read:2193.The Secretary of State shall, from the information furnished by the county elections officials pursuant to Section 2187, identify possible duplicate voter registrations. Those voter registrations determined to be duplicates shall be merged and the voter registration bearing the most recent date shall be the active record for that voter.
SEC. 53.Section 2194 of the Elections Code is amended to read:2194.(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 54.Section 2196 of the Elections Code is amended to read:2196.(a)(1)Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California drivers license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.
(2)An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.
(3)The affiant shall affirmatively attest to the truth of the information provided in the affidavit.
(4)For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her drivers license or state identification card.
(5)For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicants signature from his or her drivers license or state identification card directly from the Department of Motor Vehicles.
(6)The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:
(A)The number from his or her California drivers license or state identification card.
(B)His or her date of birth.
(C)The last four digits of his or her social security number.
(D)Any other information the Secretary of State deems necessary to establish the identity of the affiant.
(7)Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:
(A)That the applicant has a California drivers license or state identification card and that the number for that drivers license or identification card provided by the applicant matches the number for that persons drivers license or identification card that is on file with the Department of Motor Vehicles.
(B)That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.
(8)The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section.
(b)The Department of Motor Vehicles shall utilize the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(c)The Department of Motor Vehicles and the Secretary of State shall maintain a process and the infrastructure to allow the electronic copy of the applicants signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.
(d)If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of States Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official.
SEC. 55.Section 2200 of the Elections Code is amended to read:2200.The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article.
SEC. 56.Section 2201 of the Elections Code is amended to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(3)Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned or on parole for the conviction of a felony.
(3)Upon the death of the person registered.
SEC. 57.Section 2202 of the Elections Code is amended to read:2202.(a)The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194.
The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2183) of Chapter 2.
(b)In lieu of maintaining uncanceled affidavits of registration, the county elections official may microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.
SEC. 58.Section 2203 of the Elections Code is repealed.SEC. 59.Section 2204 of the Elections Code is repealed.SEC. 60.Section 2206 of the Elections Code is amended to read:2206.The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.
SEC. 61.Section 2208 of the Elections Code is amended to read:2208.(a)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 that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4)A person has plead 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 that the person is not capable of completing an affidavit of voter registration 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 that the person is not capable of completing an affidavit of voter registration, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons 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.
SEC. 61.5.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 persons 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 persons 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. 62.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 persons capability of completing an affidavit of voter registration in accordance with Section 2150.
(b)(1)If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, and the investigator shall so inform the court.
(2)If the investigator finds that the person is capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the court shall hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person is found to be capable of completing the affidavit, the persons 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 had not been found to be incapable of completing an affidavit of voter registration, and the court investigator determines that the person is no longer capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration in accordance with Section 2150 and subdivision (d) of Section 2208. If the court determines that the person is not so able, 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. 62.5.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 persons 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 persons 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. 63.Section 2210 of the Elections Code is amended to read:2210.(a)If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest his or her disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b)When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.
(c)If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.
SEC. 64.Section 2211 of the Elections Code is amended to read:2211.(a)Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.
(b)Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.
(c)If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.
SEC. 65.Section 2212 of the Elections Code is amended to read:2212.The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerks last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 66.Section 2221 of the Elections Code is amended to read:2221.(a)Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions:
(1)The affidavits of registration of persons whose residency confirmation postcards are returned by the post office as undeliverable and who have no forwarding address shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. These persons shall be mailed the confirmation notices described in subdivision (c) of Section 2225.
(2)The affidavits of registration of persons for whom forwarding addresses within the county or outside the county are received shall be immediately updated to reflect the new address provided by the post office and the former address shall be maintained with the voter record. These persons shall be mailed the confirmation notices described in subdivision (b) of Section 2225.
(b)All updates to affidavits of registration made pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 67.Section 2224 of the Elections Code is amended to read:2224.(a)If a voter has not voted in an election within the preceding four years, and his or her residence address, name, or party preference has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or sample ballot returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.
IMPORTANT NOTICE
According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in California you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.
If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(b)The use of a toll-free number to confirm the old residence address is optional. Any change to a voters address shall be received in writing.
(c)A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing.
SEC. 68.Section 2225 of the Elections Code is amended to read:2225.(a)Based on change-of-address data received from the United States Postal Service or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter has moved and has given no forwarding address shall not require the mailing of a forwardable notice to that voter.
(b)If postal service change-of-address data indicates that the voter has moved to a new residence address in California, the forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in California. You will be registered to vote at your new address unless you notify our office within 15 days that the address to which this card was mailed is not a change of your permanent residence. You must notify our office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a permanent residence, and if you do not notify us within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(c)If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address, a forwardable notice shall be sent in substantially the following form:
We are attempting to verify postal notification that the voter to whom this card is addressed has moved and left no forwarding address. If the person receiving this card is the addressed voter, please confirm your continued residence or provide current residence information on the attached postage-paid postcard within 15 days. If you do not return this card and continue to reside in California, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote.
(d)The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing.
SEC. 69.Section 2226 of the Elections Code is amended to read:2226.(a)Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1)If the information indicates the voter has moved to a new residence address in California, the county elections official shall immediately update the voters registration.
(2)If the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address as required by Section 2224, the county elections official may place the voters name on the inactive file of registered voters who do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration-related processes.
(b)The voter registration of any voter whose name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing required by Section 2225, and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing, may be canceled.
(c)Any voter whose name has been placed on the inactive file of registered voters and offers to vote at any election between the date of the verification notice, and two federal general elections after the date of notice, or who notifies the elections official of a continued residency, shall be removed from the inactive file and placed on the active voter file.
(d)All address updates, cancellations, and inactive transactions made to the voter registration file pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 70.Section 2227 of the Elections Code is amended to read:2227.(a)In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section.
(b)If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur:
(1)For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees.
(2)The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed his or her residence address.
(c)(1)Notwithstanding Section 2194 of this code or Section 6254.4 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voters name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section.
(2)A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, or 2166.7 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(d)A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section.
(e)Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.
(f)The county elections official shall take all of the following actions as appropriate:
(1)If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address in California, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, immediately update the voters registration with the new residence address.
(2)If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that he or she has moved to a new residence address, the elections official shall not place the voters name on the inactive file of registered voters or cancel the voter registration.
(g)For purposes of this section, consumer credit reporting agency has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code.
SEC. 71.Section 3009 of the Elections Code is amended to read:3009.(a)Upon receipt of any vote by mail ballot application signed by the voter that arrives within the proper time, the elections official should determine if the signature and residence address on the ballot application appear to be the same as that on the original affidavit of registration. The elections official may make this signature check upon receiving the voted ballot, but the signature must be compared before the vote by mail voter ballot is canvassed.
(b)If the elections official deems the applicant entitled to a vote by mail voters ballot he or she shall deliver by mail or in person the appropriate ballot. The ballot may be delivered to the applicant, his or her spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicants spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and his or her relationship to the applicant, and affirms that he or she is 16 years of age or older, and is authorized by the applicant to deliver the vote by mail ballot.
(c)If the elections official determines that an application does not contain all of the information prescribed in Section 3001 or 3006, or for any other reason is defective, and the elections official is able to ascertain the voters address, the elections official shall, within one working day of receiving the application, mail the voter a vote by mail voters ballot together with a notice. The notice shall inform the voter that the voters vote by mail voters ballot shall not be counted unless the applicant provides the elections official with the missing information or corrects the defects prior to, or at the time of, receipt of the voters executed vote by mail voters ballot. The notice shall specifically inform the voter of the information that is required or the reason for the defects in the application, and shall state the procedure necessary to remedy the defective application.
If the voter substantially complies with the requirements contained in the elections officials notice, the voters ballot shall be counted.
In determining from the records of registration if the signature and residence address on the application appear to be the same as that on the original affidavit of registration, the elections official or registrar of voters may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
SEC. 72.Section 3010 of the Elections Code is amended to read:3010.The elections official shall deliver to each qualified applicant:
(a)The ballot for the precinct in which he or she resides. In primary elections this shall also be accompanied by the ballot for the central committee of the party for which the voter has disclosed a preference, if any.
(b)All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered to any voter under this chapter.
SEC. 73.Section 3011 of the Elections Code is amended to read:3011.(a)The identification envelope shall contain all of the following:
(1)A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope.
(2)The signature of the voter.
(3)The residence address of the voter as shown on the affidavit of registration.
(4)The date of signing.
(5)A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(6)A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7)A warning plainly stamped or printed on it that the voter must sign the envelope in his or her own handwriting in order for the ballot to be counted.
(8)A statement that the voter has neither applied, nor intends to apply, for a vote by mail voters ballot from any other jurisdiction for the same election.
(9)The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(10)The relationship to the voter of the person authorized to return the vote by mail ballot.
(11)The signature of the person authorized to return the vote by mail ballot.
(b)Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voters party preference may not be stamped or printed on the identification envelope.
SEC. 74.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 74.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature and that is part of the voters registration record.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 75.Section 8401 of the Elections Code is amended to read:8401.(a)Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles is permitted by law.
(d)The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.
(e)If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.
(f)If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.
SEC. 76.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county in which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.
(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law.
(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.
(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 77.Section 9114 of the Elections Code is amended to read:9114.Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
In determining the number of valid signatures, the elections official may check the signatures against facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law.
The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 78.Section 9115 of the Elections Code is amended to read:9115.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(d)The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 79.Section 9308 of the Elections Code is amended to read:9308.(a)Except as provided in Section 9309, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the district elections official shall examine the petition, and from the records of registration ascertain whether the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
(b)In determining the number of valid signatures, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(c)The district elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
(d)If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
(e)If the petition is found sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 80.Section 9309 of the Elections Code is amended to read:9309.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(d)The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 81.Section 11224 of the Elections Code is amended to read:11224.(a)Except as provided in Section 11225, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration, ascertain whether or not the petition is signed by the requisite number of voters. If the elections officials examination shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(b)In determining the number of valid signatures, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(c)The elections official shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(d)If the petition is found sufficient, the elections official shall certify the results of the examination to the governing board at its next regular meeting.
SEC. 82.Section 11225 of the Elections Code is amended to read:11225.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.
(c)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(d)If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.
(e)In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(f)The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(g)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(h)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.
SEC. 83.Section 14202 of the Elections Code is amended to read:14202.Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, not less than two of the copies of the index to the affidavits of registration for that precinct. The copies of the index may be by street address in numerical order.
SEC. 84.Section 18104 of the Elections Code is amended to read:18104.Any individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2135) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of any individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action.
SEC. 85.Section 18109 of the Elections Code is amended to read:18109.(a)It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of this code or Section 6254.4 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.
(b)It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188.
SEC. 86.(a)Section 27.5 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 Senate Bill 589. 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, and (3) this bill is enacted after Senate Bill 589, in which case Section 27 of this bill shall not become operative.
(b)Section 28.5 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 Senate Bill 589. 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, and (3) this bill is enacted after Senate Bill 589, in which case Section 28 of this bill shall not become operative.
(c)Section 61.5 of this bill incorporates amendments to Section 2208 of the Elections Code proposed by both this bill and Senate Bill 589. 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 Senate Bill 589, in which case Section 61 of this bill shall not become operative.
(d)Section 62.5 of this bill incorporates amendments to Section 2209 of the Elections Code proposed by both this bill and Senate Bill 589. 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 Senate Bill 589, in which case Section 62 of this bill shall not become operative.
(e)Section 74.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 477. 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 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 477, in which case Section 74 of this bill shall not become operative.
SEC. 87.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
SEC. 88.(a)This act shall become operative only if 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 (52 U.S.C. Sec. 20901 et seq.).
(b)Notwithstanding subdivision (a), any of Sections 27.5, 28.5, 61.5, 62.5, and 74.5 that becomes operative pursuant to Section 86 shall become operative on January 1, 2016.
(a)Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
(b)Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c)Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
SEC. 2.Section 2101 of the Elections Code is amended to read:2101.(a)A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b)A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
SEC. 3.Section 2103 of the Elections Code is amended to read:2103.(a)It is the intent of the Legislature that the election board of each county, in order to promote and encourage voter registrations, shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.
(b)It is also the intent of the Legislature that county elections officials, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations in such a way as to reach most effectively every resident of the county.
(c)It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.
(d)It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of registration and voter registration cards, in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965, by using the countys Internet Web site.
SEC. 4.Section 2104 of the Elections Code is repealed.SEC. 5.Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, 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 imprisoned 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 imprisoned or on parole for the conviction of a felony, and at least 16 years of age. A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: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 imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the election.
SEC. 7.Section 2107 of the Elections Code, as amended by Section 7 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 8.Section 2107 of the Elections Code, as amended by Section 8 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 9.Section 2108 of the Elections Code is repealed.SEC. 10.Section 2109 of the Elections Code is repealed.SEC. 11.Section 2110 of the Elections Code is repealed.SEC. 12.Section 2113 of the Elections Code is repealed.SEC. 13.Section 2114 of the Elections Code is amended to read:2114.The county elections official of any county in this state may receive the affidavit of registration of any elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.
Registration by this method shall be effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the county elections official to which the affidavit is mailed or delivered by the elector.
SEC. 14.Section 2115 of the Elections Code is amended to read:2115.Whenever a voter, between the time of that persons last registration and the time for the closing of registration for any given election, has lawfully changed his or her surname, the voter shall reregister under the new or changed name. The voter shall make an additional statement at the time of reregistration, giving the name under which he or she was last registered.
This additional statement shall be given in the prior registration portion of the affidavit of registration before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the registration of the voter shall be immediately updated.
SEC. 15.Section 2117 of the Elections Code is repealed.SEC. 16.Section 2118 of the Elections Code is repealed.SEC. 17.Section 2118.5 of the Elections Code is repealed.SEC. 18.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d) and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or a written notice. The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become inoperative on January 1, 2017.
SEC. 19.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d), Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or written notice.
The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become operative on January 1, 2017.
SEC. 20.Section 2120 of the Elections Code is amended to read:2120.(a)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter provides the new address, the elections official shall immediately update the voters registration and the former address shall be maintained with the voter record.
(b)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter does not provide the new address, the elections official shall cancel the old registration for any election occurring at least 15 days after the receipt of the letter.
SEC. 21.Section 2135 of the Elections Code is repealed.SEC. 22.Section 2136 of the Elections Code is repealed.SEC. 23.Section 2137 of the Elections Code is repealed.SEC. 24.Section 2139 of the Elections Code is amended to read:2139.On the day of the close of registration for any election all individuals and organizations that have submitted plans for distribution shall immediately return all completed affidavits of registration in their possession to the county elections official. Unused affidavits shall be returned upon completion of the distribution plan.
SEC. 25.Section 2140 of the Elections Code is amended to read:2140.The county elections official shall report to the district attorney of the county, under oath, the name of any individuals or organizations that have submitted plans for distribution who have not complied with this article.
SEC. 26.Section 2141 of the Elections Code is repealed.SEC. 27.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants place of residence, residence telephone number, if furnished, and email address, if furnished. No person shall 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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. 27.5.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 affiants 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 affiants given name may be preceded, at the affiants option, by the designation of Miss, Ms., Mrs., or Mr. 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 affiants place of residence, residence telephone number, if furnished, and e-mail email address, if furnished. No A person shall not be denied the right to register because of his or her failure to furnish a telephone number or e-mail email address, and shall be so advised on the voter registration card.
(4)The affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an applicant affiant who has been issued a current and valid drivers license, the applicants affiants drivers license number.
(B)In the case of any other applicant, affiant, other than an applicant affiant to whom subparagraph (C) applies, the last four digits of the applicants affiants social security number.
(C)If an applicant for a voter registration affiant has not been issued a current and valid drivers license or a social security number, the state shall assign the applicant a number that will serve to identify the applicant affiant for voter registration purposes. To the extent that If the state has a computerized list in effect under this subdivision 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 affiants 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 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 truth 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 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 any person, including a deputy registrar, a person assists the affiant in completing the affidavit, 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 prior to before printing new or revised forms that reflect the changes made to this section by the act that added this subdivision. Chapter 508 of the Statutes of 2007.
SEC. 28.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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, 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. 28.5.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 affiants 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 affiants given name may be preceded, at the affiants option, by the designation of Miss, Ms., Mrs., or Mr. 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 affiants place of residence, residence telephone number, if furnished, and e-mail 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 e-mail email address, and shall be so advised on the voter registration card.
(4)The affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an applicant affiant who has been issued a current and valid drivers license, the applicants affiants drivers license number.
(B)In the case of any other applicant, affiant, other than an applicant affiant to whom subparagraph (C) applies, the last four digits of the applicants affiants social security number.
(C)If an applicant for a voter registration affiant has not been issued a current and valid drivers license or a social security number, the state shall assign the applicant affiant a number that will serve to identify the applicant affiant for voter registration purposes. To the extent that If the state has a computerized list in effect under this subdivision 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 affiants 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 truth 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 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, person assists the affiant in completing the affidavit, 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 prior to before printing new or revised forms that reflect the changes made to this section by the act that added this subdivision. Chapter 508 of the Statutes of 2007.
SEC. 29.Section 2155.3 of the Elections Code is amended to read:2155.3.(a)In lieu of the voter notification required by Section 2155, a person under 18 years of age who submits an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, as amended by the act adding this section shall be sent a voter preregistration notice upon a determination that the affidavit of registration is properly executed and that the person otherwise satisfies all eligibility requirements to vote, except that he or she is under 18 years of age. The county elections official shall send the voter preregistration notice by nonforwardable, first-class mail, address correction requested.
(b)The voter preregistration notice required by subdivision (a) shall be substantially in the following form:
VOTER PREREGISTRATION NOTICE
Thank you for preregistering to vote. You may vote in any election held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our office or update your preregistration at the Internet Web site of the Secretary of State.
SEC. 30.Section 2157 of the Elections Code is amended to read:2157.
(a)Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following:
(1)Contain the information prescribed in Section 2150.
(2)Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county.
(3)Be included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line.
(4)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following:
Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of States Safe At Home program or visit the Secretary of States Web site.
(5)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State.
(6)Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information.
(7)Be returnable to the county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State.
(b)Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration.
(c)The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section or Section 2150.
(d) An affidavit of registration shall not be submitted electronically on a countys Internet Web site. However, a county may provide a hyperlink on the countys Internet Web site to the Secretary of States electronic voter registration system.
SEC. 31.Section 2158 of the Elections Code is amended to read:2158.County elections officials shall do all of the following:
(a)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.
(b)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county.
(1)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards.
(2)If, after completing his or her voter registration card, an elector entrusts it to another person, the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter.
(3)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards.
(4)If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card instructing the recipients to disregard the cards if they are currently registered voters.
(c)Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card.
SEC. 32.Section 2160 of the Elections Code is repealed.SEC. 33.Section 2163 of the Elections Code is amended to read:2163.The Secretary of State shall prepare an appropriate voter registration logo that may be displayed by offices, stores, and other establishments indicating the availability of voter registration for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization.
SEC. 34.Section 2165 of the Elections Code is amended to read:2165.Affidavits of registration shall be processed immediately.
SEC. 35.Section 2166 of the Elections Code is amended to read:2166.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voters household, and naming the county elections official as a party.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60 days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness.
SEC. 36.Section 2166.5 of the Elections Code is amended to read:2166.5.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participants certification.
SEC. 37.Section 2166.7 of the Elections Code is amended to read:2166.7.(a)If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officers residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b)The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officers family. The application shall be a public record.
(c)The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60-days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f)A public safety officer has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code.
SEC. 38.Section 2168 of the Elections Code is amended to read:2168.The Secretary of State shall establish and maintain a statewide system to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration.
SEC. 39.Section 2180 of the Elections Code is repealed.SEC. 40.Section 2181 of the Elections Code is repealed.SEC. 41.Section 2182 of the Elections Code is repealed.SEC. 42.Section 2183 of the Elections Code is amended to read:2183.(a)The elections official shall supply an electronic copy, or paper copy upon request, of the index and of supplements to the index, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply copies of the index and supplements as may be requested by the elections official of a city, school district, or other body. The name of each voter whose affidavit of registration has been canceled shall be removed from the index and supplement. The county elections official may charge an amount sufficient to reimburse the county for the expense incurred in preparing and furnishing the indexes of registrations and supplements.
(b)(1)The index shall contain the name, address, residence telephone number if furnished, and political party preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters.
(2)The name shall include the given name and the middle name or initials, if any. At the affiants option, the given name may be preceded by the designation Miss, Ms., Mrs., or Mr.
SEC. 43.Section 2184 of the Elections Code is amended to read:2184.Upon request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee the index of the registration for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund.
SEC. 44.Section 2185 of the Elections Code is amended to read:2185.Upon written request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the index of registration for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The county elections official shall furnish one copy per election in an electronic form, or in paper form upon request, of the indexes specified in this section.
SEC. 45.Section 2187 of the Elections Code is amended to read:2187.(a)Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1)The total number of voters in the county.
(2)The number registered as preferring each qualified political party.
(3)The number registered as preferring nonqualified parties.
(4)The number registered without choosing a political party preference.
(5)The number of voters by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A)A supervisorial district.
(B)Congressional district.
(C)Senate district.
(D)Assembly district.
(E)Board of Equalization district.
(F)Cities and unincorporated areas.
(b)The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c)The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1)On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election.
(2)Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election.
(3)Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election.
(4)Not less than 102 days prior to each presidential general election, with respect to voters registered before the 123rd day before the presidential general election.
(5)Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election.
(6)Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election.
(7)On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10.
(d)The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.
SEC. 46.Section 2188 of the Elections Code is amended to read:2188.(a)Any application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county shall be made pursuant to this section.
(b)The application shall set forth all of the following:
(1)The printed or typed name of the applicant in full.
(2)The complete residence address and complete business address of the applicant, giving street and number. If no street or number exists, a postal mailing address as well as an adequate designation sufficient to readily ascertain the location.
(3)The telephone number of the applicant, if one exists.
(4)The number of the applicants drivers license, state identification card, or other identification approved by the Secretary of State if the applicant does not have a drivers license or state identification card.
(5)The specific information requested.
(6)A statement of the intended use of the information requested.
(c)If the application is on behalf of a person other than the applicant, the applicant shall, in addition to the information required by subdivision (b), set forth all of the following:
(1)The name of the person, organization, company, committee, association, or group requesting the voter registration information, including their complete mailing address and telephone number.
(2)The name of the person authorizing or requesting the applicant to obtain the voter registration information.
(d)The elections official shall request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form.
(e)The applicant shall certify to the truth and correctness of the content of the application, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The applicant shall state the date and place of execution of the declaration.
(f)Completed applications for voter registration information shall be retained by the elections official for five years from the date of application.
(g)This section shall not apply to requests for information by elections officials for election purposes or by other public agencies for governmental purposes.
(h)The Secretary of State may prescribe additional information to be included in the application for voter registration information.
(i)A county may not provide information for any political subdivision that is not wholly or partially contained within that county.
SEC. 47.Section 2188.1 of the Elections Code is amended to read:2188.1.The Secretary of State may insert fictitious names of voters into the voter registration information database as an investigative and enforcement tool for determining inappropriate or unauthorized uses of voter registration information.
SEC. 48.Section 2188.5 of the Elections Code is amended to read:2188.5.(a)A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, political party qualification, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
(b)For purposes of this section, United States includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States.
SEC. 49.Section 2190 of the Elections Code is repealed.SEC. 50.Section 2191 of the Elections Code is amended to read:2191.Upon request, the elections official shall compile an index, list, or file, by precinct, of all persons who voted in previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that information which is required to appear in the index as set forth in Section 2183.
Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the index, list, or file compiled pursuant to this section. The elections official shall inform any recipient of this information as to whether the index, list, or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information as a condition to furnishing the information contained in this section.
SEC. 51.Section 2192 of the Elections Code is repealed.SEC. 52.Section 2193 of the Elections Code is amended to read:2193.The Secretary of State shall, from the information furnished by the county elections officials pursuant to Section 2187, identify possible duplicate voter registrations. Those voter registrations determined to be duplicates shall be merged and the voter registration bearing the most recent date shall be the active record for that voter.
SEC. 53.Section 2194 of the Elections Code is amended to read:2194.(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 54.Section 2196 of the Elections Code is amended to read:2196.(a)(1)Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California drivers license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.
(2)An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.
(3)The affiant shall affirmatively attest to the truth of the information provided in the affidavit.
(4)For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her drivers license or state identification card.
(5)For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicants signature from his or her drivers license or state identification card directly from the Department of Motor Vehicles.
(6)The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:
(A)The number from his or her California drivers license or state identification card.
(B)His or her date of birth.
(C)The last four digits of his or her social security number.
(D)Any other information the Secretary of State deems necessary to establish the identity of the affiant.
(7)Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:
(A)That the applicant has a California drivers license or state identification card and that the number for that drivers license or identification card provided by the applicant matches the number for that persons drivers license or identification card that is on file with the Department of Motor Vehicles.
(B)That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.
(8)The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section.
(b)The Department of Motor Vehicles shall utilize the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(c)The Department of Motor Vehicles and the Secretary of State shall maintain a process and the infrastructure to allow the electronic copy of the applicants signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.
(d)If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of States Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official.
SEC. 55.Section 2200 of the Elections Code is amended to read:2200.The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article.
SEC. 56.Section 2201 of the Elections Code is amended to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(3)Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned or on parole for the conviction of a felony.
(3)Upon the death of the person registered.
SEC. 57.Section 2202 of the Elections Code is amended to read:2202.(a)The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194.
The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2183) of Chapter 2.
(b)In lieu of maintaining uncanceled affidavits of registration, the county elections official may microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.
SEC. 58.Section 2203 of the Elections Code is repealed.SEC. 59.Section 2204 of the Elections Code is repealed.SEC. 60.Section 2206 of the Elections Code is amended to read:2206.The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.
SEC. 61.Section 2208 of the Elections Code is amended to read:2208.(a)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 that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4)A person has plead 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 that the person is not capable of completing an affidavit of voter registration 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 that the person is not capable of completing an affidavit of voter registration, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons 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.
SEC. 61.5.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 is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4)A person has plead 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 is not capable of completing an affidavit of voter registration 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 is not capable of completing an affidavit of voter registration, 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 persons county of residence. Secretary of State and the county elections official of the persons 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. 62.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 persons capability of completing an affidavit of voter registration in accordance with Section 2150.
(b)(1)If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, and the investigator shall so inform the court.
(2)If the investigator finds that the person is capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the court shall hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person is found to be capable of completing the affidavit, the persons 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 had not been found to be incapable of completing an affidavit of voter registration, and the court investigator determines that the person is no longer capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration in accordance with Section 2150 and subdivision (d) of Section 2208. If the court determines that the person is not so able, 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. 62.5.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 persons capability of completing an affidavit of voter registration in accordance with Section 2150. communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(b)(1)If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, and the investigator shall so inform the court.
(2)
(b)If the investigator 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 capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the 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 whether the person is in fact capable of completing the affidavit. If 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 to be capable of completing the affidavit, incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the county elections official. Secretary of State and the county elections official in the format prescribed by the Secretary of State.
(c)If the person had has not been found to be incapable of completing an affidavit of voter registration, 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 completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration in accordance with Section 2150 and subdivision (d) of Section 2208. 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 is not so able, 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. Secretary of State and the county elections official in the format prescribed by the Secretary of State.
SEC. 63.Section 2210 of the Elections Code is amended to read:2210.(a)If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest his or her disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b)When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.
(c)If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.
SEC. 64.Section 2211 of the Elections Code is amended to read:2211.(a)Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.
(b)Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.
(c)If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.
SEC. 65.Section 2212 of the Elections Code is amended to read:2212.The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerks last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 66.Section 2221 of the Elections Code is amended to read:2221.(a)Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions:
(1)The affidavits of registration of persons whose residency confirmation postcards are returned by the post office as undeliverable and who have no forwarding address shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. These persons shall be mailed the confirmation notices described in subdivision (c) of Section 2225.
(2)The affidavits of registration of persons for whom forwarding addresses within the county or outside the county are received shall be immediately updated to reflect the new address provided by the post office and the former address shall be maintained with the voter record. These persons shall be mailed the confirmation notices described in subdivision (b) of Section 2225.
(b)All updates to affidavits of registration made pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 67.Section 2224 of the Elections Code is amended to read:2224.(a)If a voter has not voted in an election within the preceding four years, and his or her residence address, name, or party preference has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or sample ballot returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.
IMPORTANT NOTICE
According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in California you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.
If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(b)The use of a toll-free number to confirm the old residence address is optional. Any change to a voters address shall be received in writing.
(c)A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing.
SEC. 68.Section 2225 of the Elections Code is amended to read:2225.(a)Based on change-of-address data received from the United States Postal Service or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter has moved and has given no forwarding address shall not require the mailing of a forwardable notice to that voter.
(b)If postal service change-of-address data indicates that the voter has moved to a new residence address in California, the forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in California. You will be registered to vote at your new address unless you notify our office within 15 days that the address to which this card was mailed is not a change of your permanent residence. You must notify our office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a permanent residence, and if you do not notify us within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(c)If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address, a forwardable notice shall be sent in substantially the following form:
We are attempting to verify postal notification that the voter to whom this card is addressed has moved and left no forwarding address. If the person receiving this card is the addressed voter, please confirm your continued residence or provide current residence information on the attached postage-paid postcard within 15 days. If you do not return this card and continue to reside in California, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote.
(d)The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing.
SEC. 69.Section 2226 of the Elections Code is amended to read:2226.(a)Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1)If the information indicates the voter has moved to a new residence address in California, the county elections official shall immediately update the voters registration.
(2)If the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address as required by Section 2224, the county elections official may place the voters name on the inactive file of registered voters who do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration-related processes.
(b)The voter registration of any voter whose name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing required by Section 2225, and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing, may be canceled.
(c)Any voter whose name has been placed on the inactive file of registered voters and offers to vote at any election between the date of the verification notice, and two federal general elections after the date of notice, or who notifies the elections official of a continued residency, shall be removed from the inactive file and placed on the active voter file.
(d)All address updates, cancellations, and inactive transactions made to the voter registration file pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 70.Section 2227 of the Elections Code is amended to read:2227.(a)In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section.
(b)If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur:
(1)For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees.
(2)The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed his or her residence address.
(c)(1)Notwithstanding Section 2194 of this code or Section 6254.4 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voters name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section.
(2)A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, or 2166.7 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(d)A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section.
(e)Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.
(f)The county elections official shall take all of the following actions as appropriate:
(1)If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address in California, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, immediately update the voters registration with the new residence address.
(2)If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that he or she has moved to a new residence address, the elections official shall not place the voters name on the inactive file of registered voters or cancel the voter registration.
(g)For purposes of this section, consumer credit reporting agency has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code.
SEC. 71.Section 3009 of the Elections Code is amended to read:3009.(a)Upon receipt of any vote by mail ballot application signed by the voter that arrives within the proper time, the elections official should determine if the signature and residence address on the ballot application appear to be the same as that on the original affidavit of registration. The elections official may make this signature check upon receiving the voted ballot, but the signature must be compared before the vote by mail voter ballot is canvassed.
(b)If the elections official deems the applicant entitled to a vote by mail voters ballot he or she shall deliver by mail or in person the appropriate ballot. The ballot may be delivered to the applicant, his or her spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicants spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and his or her relationship to the applicant, and affirms that he or she is 16 years of age or older, and is authorized by the applicant to deliver the vote by mail ballot.
(c)If the elections official determines that an application does not contain all of the information prescribed in Section 3001 or 3006, or for any other reason is defective, and the elections official is able to ascertain the voters address, the elections official shall, within one working day of receiving the application, mail the voter a vote by mail voters ballot together with a notice. The notice shall inform the voter that the voters vote by mail voters ballot shall not be counted unless the applicant provides the elections official with the missing information or corrects the defects prior to, or at the time of, receipt of the voters executed vote by mail voters ballot. The notice shall specifically inform the voter of the information that is required or the reason for the defects in the application, and shall state the procedure necessary to remedy the defective application.
If the voter substantially complies with the requirements contained in the elections officials notice, the voters ballot shall be counted.
In determining from the records of registration if the signature and residence address on the application appear to be the same as that on the original affidavit of registration, the elections official or registrar of voters may use any file or list of registered voters, facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with law.
SEC. 72.Section 3010 of the Elections Code is amended to read:3010.The elections official shall deliver to each qualified applicant:
(a)The ballot for the precinct in which he or she resides. In primary elections this shall also be accompanied by the ballot for the central committee of the party for which the voter has disclosed a preference, if any.
(b)All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered to any voter under this chapter.
SEC. 73.Section 3011 of the Elections Code is amended to read:3011.(a)The identification envelope shall contain all of the following:
(1)A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope.
(2)The signature of the voter.
(3)The residence address of the voter as shown on the affidavit of registration.
(4)The date of signing.
(5)A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(6)A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7)A warning plainly stamped or printed on it that the voter must sign the envelope in his or her own handwriting in order for the ballot to be counted.
(8)A statement that the voter has neither applied, nor intends to apply, for a vote by mail voters ballot from any other jurisdiction for the same election.
(9)The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(10)The relationship to the voter of the person authorized to return the vote by mail ballot.
(11)The signature of the person authorized to return the vote by mail ballot.
(b)Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voters party preference may not be stamped or printed on the identification envelope.
SEC. 74.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use any file or list of registered voters, facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 74.5.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether if the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, signature and that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures, facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to may use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)(1)(A)Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
(i)Signs the identification envelope at the office of the elections official during regular business hours before 5 p.m. on the eighth day after the election.
(ii)Before 5 p.m. on the eighth day after the election, completes and submits an unsigned ballot statement in substantially the following form:
UNSIGNED BALLOT STATEMENT | |
I,, am a registered voter of __________ County, | |
State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. | |
Voters Signature | |
Address |
(iii)Before the close of the polls on election day, completes and submits an unsigned ballot statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
(B)If timely submitted, the elections official shall accept any completed unsigned ballot statement. Upon receipt of the unsigned ballot statement, the elections official shall compare the voters signature on the statement in the manner provided by this section.
(i)If the elections official determines that the signatures compare, he or she shall attach the unsigned ballot statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(ii)If the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted.
(C)An elections official may use methods other than those described in subparagraph (A) to obtain a voters signature on an unsigned identification envelope.
(2)Instructions shall accompany the unsigned ballot statement in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. | |
1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. | |
2. You must sign your name on the line above (Voters Signature). | |
3.Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. | |
4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
(3)An elections official shall include the unsigned ballot statement and instructions described in this subdivision on his or her Internet Web site, and shall provide the elections officials mailing address and facsimile transmission number on the Internet Web page containing the statement and instructions.
(f)
(g)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 75.Section 8401 of the Elections Code is amended to read:8401.(a)Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may use any file or list of registered voters, check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles is permitted by law.
(d)The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.
(e)If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.
(f)If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.
SEC. 76.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county in which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.
(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any file or list of registered voters facsimiles of voters signatures provided that the method of preparing and displaying the file or list facsimiles complies with law.
(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.
(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 77.Section 9031 of the Elections Code is amended to read:9031.(a)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials.
(b)Within 30 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters, provided that the method of preparing and displaying the file or list complies with law.
(c)(1)During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.
(2)The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.
(d)The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.
(e)(1)If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
(2)If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials.
SEC. 78.SEC. 77.Section 9114 of the Elections Code is amended to read:9114.Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
In determining the number of valid signatures, the elections official may use any file or list of registered voters check the signatures against facsimiles of voters signatures provided that the method of preparing and displaying the file or list facsimiles complies with law.
The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 79.SEC. 78.Section 9115 of the Elections Code is amended to read:9115.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use any file or list of registered voters, check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with law.
(d)The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 80.SEC. 79.Section 9308 of the Elections Code is amended to read:9308.(a)Except as provided in Section 9309, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the district elections official shall examine the petition, and from the records of registration ascertain whether the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
(b)In determining the number of valid signatures, the district elections official may use any file or list of registered voters, check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with law.
(c)The district elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
(d)If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
(e)If the petition is found sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 81.SEC. 80.Section 9309 of the Elections Code is amended to read:9309.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may use any file or list of registered voters, check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with law.
(d)The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 82.SEC. 81.Section 11224 of the Elections Code is amended to read:11224.(a)Except as provided in Section 11225, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration, ascertain whether or not the petition is signed by the requisite number of voters. If the elections officials examination shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(b)In determining the number of valid signatures, the elections official may use any file or list of registered voters, check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with law.
(c)The elections official shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(d)If the petition is found sufficient, the elections official shall certify the results of the examination to the governing board at its next regular meeting.
SEC. 83.SEC. 82.Section 11225 of the Elections Code is amended to read:11225.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.
(c)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(d)If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.
(e)In determining from the records of registration the number of valid signatures signed on the petition, the elections official may use the any file or list of registered voters, check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the file or list facsimiles complies with law.
(f)The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(g)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(h)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.
SEC. 84.SEC. 83.Section 14202 of the Elections Code is amended to read:14202.Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, not less than two of the copies of the index to the affidavits of registration for that precinct. The copies of the index may be by street address in numerical order.
SEC. 85.SEC. 84.Section 18104 of the Elections Code is amended to read:18104.Any individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2135) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of any individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action.
SEC. 86.SEC. 85.Section 18109 of the Elections Code is amended to read:18109.(a)It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of this code or Section 6254.4 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.
(b)It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188.
SEC. 86.(a)Section 27.5 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 Senate Bill 589. 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, and (3) this bill is enacted after Senate Bill 589, in which case Section 27 of this bill shall not become operative.
(b)Section 28.5 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 Senate Bill 589. 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, and (3) this bill is enacted after Senate Bill 589, in which case Section 28 of this bill shall not become operative.
(c)Section 61.5 of this bill incorporates amendments to Section 2208 of the Elections Code proposed by both this bill and Senate Bill 589. 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 Senate Bill 589, in which case Section 61 of this bill shall not become operative.
(d)Section 62.5 of this bill incorporates amendments to Section 2209 of the Elections Code proposed by both this bill and Senate Bill 589. 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 Senate Bill 589, in which case Section 62 of this bill shall not become operative.
(e)Section 74.5 of this bill incorporates amendments to Section 3019 of the Elections Code proposed by both this bill and Assembly Bill 477. 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 3019 of the Elections Code, and (3) this bill is enacted after Assembly Bill 477, in which case Section 74 of this bill shall not become operative.
SEC. 87.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
SEC. 88.(a)This act shall become operative only if 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 (52 U.S.C. Sec. 20901 et seq.).
(b)Notwithstanding subdivision (a), any of Sections 27.5, 28.5, 61.5, 62.5, and 74.5 that becomes operative pursuant to Section 86 shall become operative on January 1, 2016.
(a)Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
(b)Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c)Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
SEC. 2.Section 2101 of the Elections Code is amended to read:2101.(a)A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b)A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
SEC. 3.Section 2103 of the Elections Code is amended to read:2103.(a)It is the intent of the Legislature that the election board of each county, in order to promote and encourage voter registrations, shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.
(b)It is also the intent of the Legislature that county elections officials, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations in such a way as to reach most effectively every resident of the county.
(c)It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.
(d)It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of registration and voter registration cards, in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965, by using the countys Internet Web site.
SEC. 4.Section 2104 of the Elections Code is repealed.SEC. 5.Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, 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 imprisoned 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 imprisoned or on parole for the conviction of a felony, and at least 16 years of age. A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: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 imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the election.
SEC. 7.Section 2107 of the Elections Code, as amended by Section 7 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 8.Section 2107 of the Elections Code, as amended by Section 8 of Chapter 909 of the Statutes of 2014, is repealed.SEC. 9.Section 2108 of the Elections Code is repealed.SEC. 10.Section 2109 of the Elections Code is repealed.SEC. 11.Section 2110 of the Elections Code is repealed.SEC. 12.Section 2113 of the Elections Code is repealed.SEC. 13.Section 2114 of the Elections Code is amended to read:2114.The county elections official of any county in this state may receive the affidavit of registration of any elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.
Registration by this method shall be effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the county elections official to which the affidavit is mailed or delivered by the elector.
SEC. 14.Section 2115 of the Elections Code is amended to read:2115.Whenever a voter, between the time of that persons last registration and the time for the closing of registration for any given election, has lawfully changed his or her surname, the voter shall reregister under the new or changed name. The voter shall make an additional statement at the time of reregistration, giving the name under which he or she was last registered.
This additional statement shall be given in the prior registration portion of the affidavit of registration before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the last previous registration of the voter shall be immediately updated.
SEC. 15.Section 2117 of the Elections Code is repealed.SEC. 16.Section 2118 of the Elections Code is repealed.SEC. 17.Section 2118.5 of the Elections Code is repealed.SEC. 18.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d) and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or a written notice. The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become inoperative on January 1, 2017.
SEC. 19.Section 2119 of the Elections Code is amended to read:2119.(a)Except as provided in subdivision (d), Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county or county, from one county to another county county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or written notice.
The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was former formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become operative on January 1, 2017.
SEC. 20.Section 2120 of the Elections Code is amended to read:2120.(a)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter provides the new address, the elections official shall immediately update the voters registration and the former address shall be maintained with the voter record.
(b)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter does not provide the new address, the elections official shall cancel the old registration for any election occurring at least 15 days after the receipt of the letter.
SEC. 21.Section 2135 of the Elections Code is repealed.SEC. 22.Section 2136 of the Elections Code is repealed.SEC. 23.Section 2137 of the Elections Code is repealed.SEC. 24.Section 2139 of the Elections Code is amended to read:2139.On the day of the close of registration for any election all individuals and organizations that have submitted plans for distribution shall immediately return all completed affidavits of registration in their possession to the county elections official. Unused affidavits shall be returned upon completion of the distribution plan.
SEC. 25.Section 2140 of the Elections Code is amended to read:2140.The county elections official shall report to the district attorney of the county, under oath, the name of any individuals or organizations that have submitted plans for distribution who have not complied with this article.
SEC. 26.Section 2141 of the Elections Code is repealed.SEC. 27.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 affiants 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 affiants given name may be preceded, at affiants option, by the designation of Miss, Ms., Mrs., or Mr. 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 affiants place of residence, residence telephone number, if furnished, and e-mail email 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 email address, and shall be so advised on the voter registration card.
(4)The affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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. 28.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 affiants 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 affiants given name may be preceded, at affiants option, by the designation of Miss, Ms., Mrs., or Mr. 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 affiants place of residence, residence telephone number, if furnished, and e-mail 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 e-mail email address, and shall be so advised on the voter registration card.
(4)The affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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, 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. 29.Section 2155.3 of the Elections Code is amended to read:2155.3.(a)In lieu of the voter notification required by Section 2155, a person under 18 years of age who submits an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, as amended by the act adding this section shall be sent a voter preregistration notice upon a determination that the affidavit of registration is properly executed and that the person otherwise satisfies all eligibility requirements to vote, except that he or she is under 18 years of age. The county elections official shall send the voter preregistration notice by nonforwardable, first-class mail, address correction requested.
(b)The voter preregistration notice required by subdivision (a) shall be substantially in the following form:
VOTER PREREGISTRATION NOTICE
Thank you for preregistering to vote. You may vote in any election held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our office or update your preregistration at the Internet Web site of the Secretary of State.
SEC. 30.Section 2157 of the Elections Code is amended to read:2157.
(a)Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following:
(1)Contain the information prescribed in Section 2150.
(2)Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county.
(3)Be included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line.
(4)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following:
Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of States Safe At Home program or visit the Secretary of States Web site.
(5)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State.
(6)Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information.
(7)Be returnable to the county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State.
(b)Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration.
(c)The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section or Section 2150.
(d) An affidavit of registration shall not be submitted electronically on a countys Internet Web site. However, a county may provide a hyperlink on the countys Internet Web site to the Secretary of States electronic voter registration system.
SEC. 31.Section 2158 of the Elections Code is amended to read:2158.County elections officials shall do all of the following:
(a)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.
(b)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county.
(1)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards.
(2)If, after completing his or her voter registration card, an elector entrusts it to another person, the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter.
(3)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards.
(4)If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card instructing the recipients to disregard the cards if they are currently registered voters.
(c)Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card.
SEC. 32.Section 2160 of the Elections Code is repealed.SEC. 33.Section 2163 of the Elections Code is amended to read:2163.The Secretary of State shall prepare an appropriate voter registration logo that may be displayed by offices, stores, and other establishments indicating the availability of voter registration for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization.
SEC. 34.Section 2165 of the Elections Code is amended to read:2165.Affidavits of registration shall be processed immediately.
SEC. 35.Section 2166 of the Elections Code is amended to read:2166.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voters household, and naming the county elections official as a party.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and e-mail email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60 days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness.
SEC. 36.Section 2166.5 of the Elections Code is amended to read:2166.5.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and e-mail email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participants certification.
SEC. 37.Section 2166.7 of the Elections Code is amended to read:2166.7.(a)If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officers residence address, telephone number, and e-mail email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b)The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officers family. The application shall be a public record.
(c)The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d)Any person granted confidential voter status under subdivision (a) shall:
(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and e-mail email address in the roster of voters.
(2)The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60-days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f)A public safety officer has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code.
SEC. 38.Section 2168 of the Elections Code is amended to read:2168.The Secretary of State shall establish and maintain a statewide system to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration.
SEC. 39.Section 2180 of the Elections Code is repealed.SEC. 40.Section 2181 of the Elections Code is repealed.SEC. 41.Section 2182 of the Elections Code is repealed.SEC. 42.Section 2183 of the Elections Code is amended to read:2183.(a)The elections official shall supply an electronic copy, or paper copy upon request, of the index and of supplements to the index, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply copies of the index and supplements as may be requested by the elections official of a city, school district or other body. The name of each voter whose affidavit of registration has been canceled shall be shall be removed from the index and supplement. The county elections official may charge an amount sufficient to reimburse the county for the expense incurred in preparing and furnishing the indexes of registrations and supplements.
(b)(1)The index shall contain the name, address, residence telephone number if furnished, and political party preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters.
(2)The name shall include the given name and the middle name or initials, if any. At the affiants option, the given name may be preceded by the designation Miss, Ms., Mrs., or Mr.
SEC. 43.Section 2184 of the Elections Code is amended to read:2184.Upon request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee the index of the registration for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund.
SEC. 44.Section 2185 of the Elections Code is amended to read:2185.Upon written request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the index of registration for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The county elections official shall furnish one copy per election in an electronic form, or in paper form upon request, of the indexes specified in this section.
SEC. 45.Section 2187 of the Elections Code is amended to read:2187.(a)Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1)The total number of voters in the county.
(2)The number registered as preferring each qualified political party.
(3)The number registered as preferring nonqualified parties.
(4)The number registered without choosing a political party preference.
(5)The number of voters by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A)A supervisorial district.
(B)Congressional district.
(C)Senate district.
(D)Assembly district.
(E)Board of Equalization district.
(F)Cities and unincorporated areas.
(b)The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c)The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1)On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election.
(2)Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election.
(3)Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election.
(4)Not less than 102 days prior to each presidential general election, with respect to voters registered before the 123rd day before the presidential general election.
(5)Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election.
(6)Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election.
(7)On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10.
(d)The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.
SEC. 46.Section 2188 of the Elections Code is amended to read:2188.(a)Any application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county shall be made pursuant to this section.
(b)The application shall set forth all of the following:
(1)The printed or typed name of the applicant in full.
(2)The complete residence address and complete business address of the applicant, giving street and number. If no street or number exists, a postal mailing address as well as an adequate designation sufficient to readily ascertain the location.
(3)The telephone number of the applicant, if one exists.
(4)The number of the applicants drivers license, state identification card, or other identification approved by the Secretary of State if the applicant does not have a drivers license or state identification card.
(5)The specific information requested.
(6)A statement of the intended use of the information requested.
(c)If the application is on behalf of a person other than the applicant, the applicant shall, in addition to the information required by subdivision (b), set forth all of the following:
(1)The name of the person, organization, company, committee, association, or group requesting the voter registration information, including their complete mailing address and telephone number.
(2)The name of the person authorizing or requesting the applicant to obtain the voter registration information.
(d)The elections official shall request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form.
(e)The applicant shall certify to the truth and correctness of the content of the application, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The applicant shall state the date and place of execution of the declaration.
(f)Completed applications for voter registration information shall be retained by the elections official for five years from the date of application.
(g)This section shall not apply to requests for information by elections officials for election purposes or by other public agencies for governmental purposes.
(h)The Secretary of State may prescribe additional information to be included in the application for voter registration information.
(i)A county may not provide information for any political subdivision that is not wholly or partially contained within that county.
SEC. 47.Section 2188.1 of the Elections Code is amended to read:2188.1.The Secretary of State shall may insert fictitious names of voters into the voter registration information database as an investigative and enforcement tool for determining inappropriate or unauthorized uses of voter registration information.
SEC. 48.Section 2188.5 of the Elections Code is amended to read:2188.5.(a)A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, political party qualification, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
(b)For purposes of this section, United States includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States.
SEC. 49.Section 2190 of the Elections Code is repealed.SEC. 50.Section 2191 of the Elections Code is amended to read:2191.Upon request, the elections official shall compile an index, list, or file, by precinct, of all persons who voted in previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that information which is required to appear in the index as set forth in Section 2183.
Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the index, list, or file compiled pursuant to this section. The elections official shall inform any recipient of this information as to whether the index, list, or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information as a condition to furnishing the information contained in this section.
SEC. 51.Section 2192 of the Elections Code is repealed.SEC. 52.Section 2193 of the Elections Code is amended to read:2193.The Secretary of State shall, from the information furnished by the county elections officials pursuant to Section 2187, identify possible duplicate voter registrations. Those voter registrations determined to be duplicates may shall be merged and the voter registration bearing the most recent date shall be the active record for that voter.
SEC. 53.Section 2194 of the Elections Code is amended to read:2194.(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 54.Section 2196 of the Elections Code is amended to read:2196.(a)(1)Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California drivers license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.
(2)An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.
(3)The affiant shall affirmatively attest to the truth of the information provided in the affidavit.
(4)For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her drivers license or state identification card.
(5)For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicants signature from his or her drivers license or state identification card directly from the Department of Motor Vehicles.
(6)The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:
(A)The number from his or her California drivers license or state identification card.
(B)His or her date of birth.
(C)The last four digits of his or her social security number.
(D)Any other information the Secretary of State deems necessary to establish the identity of the affiant.
(7)Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:
(A)That the applicant has a California drivers license or state identification card and that the number for that drivers license or identification card provided by the applicant matches the number for that persons drivers license or identification card that is on file with the Department of Motor Vehicles.
(B)That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.
(8)The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section.
(b)The Department of Motor Vehicles shall utilize the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(c)The Department of Motor Vehicles and the Secretary of State shall maintain a process and the infrastructure to allow the electronic copy of the applicants signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.
(d)If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of States Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official.
SEC. 55.Section 2200 of the Elections Code is amended to read:2200.The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article.
SEC. 56.Section 2201 of the Elections Code is amended to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(3)Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another county or state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned or on parole for the conviction of a felony.
(3)Upon the death of the person registered.
SEC. 57.Section 2202 of the Elections Code is amended to read:2202.(a)The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194.
The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2183) of Chapter 2.
(b)In lieu of maintaining uncanceled affidavits of registration, the county elections official may microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.
SEC. 58.Section 2203 of the Elections Code is repealed.SEC. 59.Section 2204 of the Elections Code is repealed.SEC. 60.Section 2206 of the Elections Code is amended to read:2206.The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.
SEC. 61.Section 2208 of the Elections Code is amended to read:2208.(a)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 that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4)A person has plead 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 that the person is not capable of completing an affidavit of voter registration 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 that the person is not capable of completing an affidavit of voter registration, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons 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.
SEC. 62.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 persons capability of completing an affidavit of voter registration in accordance with Section 2150.
(b)(1)If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, and the investigator shall so inform the court.
(2)If the investigator finds that the person is capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the court shall hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person is found to be capable of completing the affidavit, the persons 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 had not been found to be incapable of completing an affidavit of voter registration, and the court investigator determines that the person is no longer capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration in accordance with Section 2150 and subdivision (d) of Section 2208. If the court determines that the person is not so able, 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. 63.Section 2210 of the Elections Code is amended to read:2210.(a)If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest his or her disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b)When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.
(c)If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.
SEC. 64.Section 2211 of the Elections Code is amended to read:2211.(a)Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.
(b)Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.
(c)If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.
SEC. 65.Section 2212 of the Elections Code is amended to read:2212.The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the Secretary of State and the county elections official in the format prescribed by the Secretary of State, not less frequently than the first day of every month, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerks last report. The Secretary of State or county elections official shall cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 66.Section 2221 of the Elections Code is amended to read:2221.(a)Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions:
(1)The affidavits of registration of persons whose residency confirmation postcards are returned by the post office as undeliverable and who have no forwarding address shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. These persons shall be mailed the confirmation notices described in subdivision (c) of Section 2225.
(2)The affidavits of registration of persons for whom forwarding addresses within the county or outside the county are received shall be immediately updated to reflect the new address provided by the post office and the former address shall be maintained with the voter record. These persons shall be mailed the confirmation notices described in subdivision (b) of Section 2225.
(b)All updates to affidavits of registration made pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 67.Section 2224 of the Elections Code is amended to read:2224.(a)If a voter has not voted in an election within the preceding four years, and his or her residence address, name, or party preference has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or sample ballot returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.
IMPORTANT NOTICE
According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in California you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.
If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(b)The use of a toll-free number to confirm the old residence address is optional. Any change to a voters address shall be received in writing.
(c)A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing.
SEC. 68.Section 2225 of the Elections Code is amended to read:2225.(a)Based on change-of-address data received from the United States Postal Service or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter has moved and has given no forwarding address shall not require the mailing of a forwardable notice to that voter.
(b)If postal service change-of-address data indicates that the voter has moved to a new residence address in California, the forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in California. You will be registered to vote at your new address unless you notify our office within 15 days that the address to which this card was mailed is not a change of your permanent residence. You must notify our office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a permanent residence, and if you do not notify us within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(c)If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address, a forwardable notice shall be sent in substantially the following form:
We are attempting to verify postal notification that the voter to whom this card is addressed has moved and left no forwarding address. If the person receiving this card is the addressed voter, please confirm your continued residence or provide current residence information on the attached postage-paid postcard within 15 days. If you do not return this card and continue to reside in California, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote.
(d)The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing.
SEC. 69.Section 2226 of the Elections Code is amended to read:2226.(a)Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1)If the information indicates the voter has moved to a new residence address in California, the county elections official shall immediately update the voters registration.
(2)If the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address as required by Section 2224, the county elections official may place the voters name on the inactive file of registered voters who do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration-related processes.
(b)The voter registration of any voter whose name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing required by Section 2225, and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing, may be canceled.
(c)Any voter whose name has been placed on the inactive file of registered voters and offers to vote at any election between the date of the verification notice, and two federal general elections after the date of notice, or who notifies the elections official of a continued residency, shall be removed from the inactive file and placed on the active voter file.
(d)All address updates, cancellations, and inactive transactions made to the voter registration file pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 70.Section 2227 of the Elections Code is amended to read:2227.(a)In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section.
(b)If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur:
(1)For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees.
(2)The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed his or her residence address.
(c)(1)Notwithstanding Section 2194 of this code or Section 6254.4 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voters name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section.
(2)A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, or 2166.7 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(d)A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section.
(e)Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.
(f)The county elections official shall take all of the following actions as appropriate:
(1)If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address in California, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, immediately update the voters registration with the new residence address.
(2)If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that he or she has moved to a new residence address, the elections official shall not place the voters name on the inactive file of registered voters or cancel the voter registration.
(g)For purposes of this section, consumer credit reporting agency has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code.
SEC. 71.Section 3009 of the Elections Code is amended to read:3009.(a)Upon receipt of any vote by mail ballot application signed by the voter that arrives within the proper time, the elections official should determine if the signature and residence address on the ballot application appear to be the same as that on the original affidavit of registration. The elections official may make this signature check upon receiving the voted ballot, but the signature must be compared before the vote by mail voter ballot is canvassed.
(b)If the elections official deems the applicant entitled to a vote by mail voters ballot he or she shall deliver by mail or in person the appropriate ballot. The ballot may be delivered to the applicant, his or her spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicants spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and his or her relationship to the applicant, and affirms that he or she is 16 years of age or older, and is authorized by the applicant to deliver the vote by mail ballot.
(c)If the elections official determines that an application does not contain all of the information prescribed in Section 3001 or 3006, or for any other reason is defective, and the elections official is able to ascertain the voters address, the elections official shall, within one working day of receiving the application, mail the voter a vote by mail voters ballot together with a notice. The notice shall inform the voter that the voters vote by mail voters ballot shall not be counted unless the applicant provides the elections official with the missing information or corrects the defects prior to, or at the time of, receipt of the voters executed vote by mail voters ballot. The notice shall specifically inform the voter of the information that is required or the reason for the defects in the application, and shall state the procedure necessary to remedy the defective application.
If the voter substantially complies with the requirements contained in the elections officials notice, the voters ballot shall be counted.
In determining from the records of registration if the signature and residence address on the application appear to be the same as that on the original affidavit of registration, the elections official or registrar of voters may use the duplicate file of affidavits of registered voters or the facsimiles of voters signatures any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
SEC. 71.SEC. 72.Section 3010 of the Elections Code is amended to read:3010.The elections official shall deliver to each qualified applicant:
(a)The ballot for the precinct in which he or she resides. In primary elections this shall also be accompanied by the ballot for the central committee of the party for which the voter has disclosed a preference, if any.
(b)All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered to any voter under this chapter.
SEC. 72.SEC. 73.Section 3011 of the Elections Code is amended to read:3011.(a)The identification envelope shall contain all of the following:
(1)A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope.
(2)The signature of the voter.
(3)The residence address of the voter as shown on the affidavit of registration.
(4)The date of signing.
(5)A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(6)A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7)A warning plainly stamped or printed on it that the voter must sign the envelope in his or her own handwriting in order for the ballot to be counted.
(8)A statement that the voter has neither applied, nor intends to apply, for a vote by mail voters ballot from any other jurisdiction for the same election.
(9)The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(10)The relationship to the voter of the person authorized to return the vote by mail ballot.
(11)The signature of the person authorized to return the vote by mail ballot.
(b)Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voters party preference may not be stamped or printed on the identification envelope.
SEC. 74.Section 3019 of the Elections Code is amended to read:3019.(a)Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether the signatures compare:
(1)The signature appearing on the voters affidavit of registration or any previous affidavit of registration of the voter.
(2)The signature appearing on a form issued by an elections official that contains the voters signature, that is part of the voters registration record, and that the elections official has determined compares with the signature on the voters affidavit of registration or any previous affidavit of registration of the voter. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voters registration record that have been determined to compare, that demonstrates the progression of the voters signature, and makes evident that the signature on the identification envelope is that of the voter.
(b)In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters or facsimiles of voters signatures any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with the law.
(c)(1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office.
(2)If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope.
(d)The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare.
(e)In comparing signatures pursuant to this section, an elections official is authorized to use signature verification technology. If signature verification technology determines the signatures do not compare, the elections official shall not reject the ballot unless he or she visually examines the signatures and verifies that the signatures do not compare.
(f)A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
SEC. 75.Section 8401 of the Elections Code is amended to read:8401.(a)Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list is permitted by law.
(d)The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.
(e)If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.
(f)If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.
SEC. 73.SEC. 76.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county in which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.
(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any file or list of registered voters provided that the method of preparing and displaying the file or list complies with law.
(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.
(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 74.SEC. 77.Section 9031 of the Elections Code is amended to read:9031.(a)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials.
(b)Within 30 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters, provided that the method of preparing and displaying the file or list complies with law.
(c)(1)During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.
(2)The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.
(d)The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.
(e)(1)If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
(2)If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials.
SEC. 75.SEC. 78.Section 9114 of the Elections Code is amended to read:9114.Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
In determining the number of valid signatures, the elections official may use any file or list of registered voters provided that the method of preparing and displaying the file or list complies with law.
The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 76.SEC. 79.Section 9115 of the Elections Code is amended to read:9115.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use any file or list of registered voters, provided that the method of preparing and displaying the file or list complies with law.
(d)The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 77.SEC. 80.Section 9308 of the Elections Code is amended to read:9308.(a)Except as provided in Section 9309, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the district elections official shall examine the petition, and from the records of registration ascertain whether the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
(b)In determining the number of valid signatures, the district elections official may use any file or list of registered voters, provided that the method of preparing and displaying the file or list complies with law.
(c)The district elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
(d)If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
(e)If the petition is found sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 78.SEC. 81.Section 9309 of the Elections Code is amended to read:9309.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may use any file or list of registered voters, provided that the method of preparing and displaying the file or list complies with law.
(d)The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 82.Section 11224 of the Elections Code is amended to read:11224.(a)Except as provided in Section 11225, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration, ascertain whether or not the petition is signed by the requisite number of voters. If the elections officials examination shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(b)In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
(c)The elections official shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(d)If the petition is found sufficient, the elections official shall certify the results of the examination to the governing board at its next regular meeting.
SEC. 83.Section 11225 of the Elections Code is amended to read:11225.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.
(c)If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(d)If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.
(e)In determining from the records of registration the number of valid signatures signed on the petition, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
(f)The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(g)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(h)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.
SEC. 79.SEC. 84.Section 14202 of the Elections Code is amended to read:14202.Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, not less than two of the copies of the index to the affidavits of registration for that precinct. The copies of the index may be by street address in numerical order.
SEC. 80.SEC. 85.Section 18104 of the Elections Code is amended to read:18104.Any individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2135) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of any individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action.
SEC. 81.SEC. 86.Section 18109 of the Elections Code is amended to read:18109.(a)It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of this code or Section 6254.4 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.
(b)It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188.
SEC. 82.SEC. 87.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
SEC. 83.SEC. 88.This act shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.). (52 U.S.C. Sec. 20901 et seq.).
(a)Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
(b)Any person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c)Pursuant to Section 2102, any person who is at least 16 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
SEC. 2.Section 2101 of the Elections Code is amended to read:2101.(a)A person entitled to register to vote shall be a United States citizen, a resident of California, not in prison imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b)A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
SEC. 3.Section 2103 of the Elections Code is amended to read:2103.(a)It is the intent of the Legislature that the election board of each county, in order to promote and encourage voter registrations, shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.
(b)It is also the intent of the Legislature that county elections officials, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations, and shall deputize as registrars qualified citizens in such a way as to reach most effectively every resident of the county. The persons so deputized shall be permitted to register voters anywhere within the county, including at the places of residence of the persons to be registered, and the county elections official shall not deny deputy registrars the right to register voters anywhere in the county.
(c)It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.
(d)Where the county elections official finds that citizens described in subdivision (c) approximate 3 percent or more of the voting age residents of a precinct, or in the event that interested citizens or organizations provide information which the county elections official believes indicates a need for registration assistance for qualified citizens described in subdivision (c), the county elections official shall make reasonable efforts to recruit deputy registrars who are fluent in a language used by citizens described in subdivision (c) and in English. That recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, and television, particularly those media that serve the non-English-speaking citizens described in subdivision (c). Deputy registrars so appointed shall facilitate registration in the particular precincts concerned and shall have the right to register voters anywhere in the county.
(e)In furtherance of the purposes of this section, the governing board of any county, city, city and county, district, or other public agency may authorize and assign any of its officers or employees to become deputy registrars of voters and to register qualified citizens on any premises and facilities owned or controlled by those public agencies during the regular working hours of the officers or employees. With the exception of firefighters, any compensation to which the officer or employee may be entitled in payment for the services of the officer or employee as a deputy registrar may be paid by the authority that appointed the officer or employee as a deputy registrar to the public agency that regularly employs the officer or employee.
(f)It is the intent of the Legislature that no limitation be imposed on the number of persons appointed to act as deputy registrars of voters.
(g)
(d)It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of registration and voter registration cards, in all languages required by Section 203 (42 (52 U.S.C. Sec. 1973aa-1a) 10503) or Section 4(f)(4) (42 (52 U.S.C. Sec. 1973b(f)(4)) 10303(f)(4)) of the federal Voting Rights Act of 1965, by using the countys Internet Web site.
SEC. 4.Section 2104 of the Elections Code is repealed.2104.It is the intent of the Legislature that the introduction of registration by mail shall not in any way lead to administrative limitations on the use of deputy registrars of voters for the purpose of assisting in the registration of persons who may continue to require such assistance.
It is the intent of the Legislature that registrars continue to be deputized by the county elections official pursuant to Section 2103, but that as the electorate becomes more conversant with mail registration procedures, the number of deputy registrars will naturally diminish due to a decrease in the demand for the services of the deputy registrars of voters.
SEC. 5.Section 2106 of the Elections Code, as amended by Section 2 of Chapter 619 of the Statutes of 2014, 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 imprisoned 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 imprisoned or on parole for the conviction of a felony, and at least 16 years of age. A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 6.Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is amended to read: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 imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the election.
SEC. 7.Section 2107 of the Elections Code, as amended by Section 7 of Chapter 909 of the Statutes of 2014, is repealed.2107.(a)Except as provided in subdivision (b), the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held. Transfers of registration for an election may be made from one precinct to another precinct in the same county at any time registration is in progress in the precinct to which the elector seeks to transfer.
(b)The county elections official shall accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election, and 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 et seq.) 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) and (2) on or before the 15th day prior to 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 prior to the election.
SEC. 8.Section 2107 of the Elections Code, as amended by Section 8 of Chapter 909 of the Statutes of 2014, is repealed.2107.(a)Except as provided in subdivision (b) and Article 4.5 (commencing with Section 2170), the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held. Transfers of registration for an election may be made from one precinct to another precinct in the same county at any time registration is in progress in the precinct to which the elector seeks to transfer.
(b)The county elections official shall accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election, and if any of the following apply:
(1)A mailed affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(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 et seq.) 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) and (2) on or before the 15th day prior to 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 prior to the election.
SEC. 9.Section 2108 of the Elections Code is repealed.2108.The county elections official shall keep and maintain a current file listing all persons appointed or deputized by the county elections official to register voters, which file shall be open to public inspection. The file shall include the party affiliation, if any, of each person listed.
SEC. 10.Section 2109 of the Elections Code is repealed.2109.Any person who is a registered voter qualifies for appointment as a deputy registrar of voters.
SEC. 11.Section 2110 of the Elections Code is repealed.2110.No county elections official may refuse to deputize any person to register voters because of ancestry, marital status, political affiliation, or any characteristic listed or defined in Section 11135 of the Government Code.
SEC. 12.Section 2113 of the Elections Code is repealed.2113.Any elector absent from the county in which he or she claims residence may request a voter registration card from the county elections official of the county of residence. The county elections official shall furnish a voter registration card, to each elector requesting a card and showing that he or she will be temporarily absent from his or her home county. Upon receipt by the county elections official, the affidavit of registration shall be processed as required by this chapter.
SEC. 13.Section 2114 of the Elections Code is amended to read:2114.The county elections official of any county in this state may receive the affidavit of registration of any elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.
Registration by this method shall be effective for all elections occurring 29 15 or more days after receipt of the affidavit of registration by the county elections official or his or her deputy to which the affidavit is mailed or delivered by the elector.
SEC. 14.Section 2115 of the Elections Code is amended to read:2115.Whenever a voter, between the time of that persons last registration and the time for the closing of registration for any given election in the same county, has lawfully changed his or her surname, the voter may shall reregister under the new or changed name. The voter shall make an additional statement at the time of reregistration, giving the name under which he or she was last registered in that county.
This additional statement shall be given in the prior registration portion of the affidavit of registration before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the last previous registration of the voter shall be canceled immediately updated.
SEC. 15.Section 2117 of the Elections Code is repealed.2117.Except as provided in Section 2119, if a voter reregisters or transfers his or her registration from one precinct to another, the former address shall be entered in the prior registration portion of the affidavit, and the former registration shall thereupon be canceled.
SEC. 16.Section 2118 of the Elections Code is repealed.2118.No person shall register in one county when his or her registration in another remains uncanceled unless he or she complies with this section. Any person who is registered in one county may, if otherwise legally qualified, register in another county in which he or she then resides, at any time before the closing of registration for any election, if in the prior registration portion of the affidavit of registration he or she enters his or her former address.
The county elections official shall at once notify the county elections official of the county in which the old registration is still uncanceled that the voter has reregistered. Upon receipt of the notice of reregistration, the former registration shall be canceled immediately.
SEC. 17.Section 2118.5 of the Elections Code is repealed.2118.5.(a)If a voter is erroneously assigned to a precinct, the voter may apply to the elections official for a certificate showing the record of registration. The elections official shall give the voter the certificate on or before election day. Upon presentation of this certificate to the precinct board of the proper precinct, the board shall permit the voter to vote. If the voter does not obtain the certificate provided for in this section, and votes in the precinct into which the voter has been erroneously assigned by the elections official, and the election is contested, the voters vote shall not be rejected for those candidates and on those measures with respect to which the voter would have been entitled to vote had the voter voted in the proper precinct, and no inquiry shall be made as to how the voter voted for those candidates or on those measures.
(b)No voter who receives a certificate of registration under this section shall be charged a fee by the elections official.
SEC. 18.Section 2119 of the Elections Code is amended to read:2119.(a)In lieu of executing a new affidavit of registration for a change of address within the county the county elections official shall accept a notice or letter of the change of address signed by a voter as he or she is registered.
(b)The county elections official shall accept a notification for the forthcoming election and shall change the address on the voters affidavit of registration accordingly if the notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official.
(2)The notification 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) prior to the election.
(3)The notification is delivered to the county elections official by means other than those described in paragraphs (2) and (3) on or before the 14th day prior to the election.
2119.(a)Except as provided in subdivision (d) and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or a written notice. The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become inoperative on January 1, 2017.
SEC. 19.Section 2119 of the Elections Code is amended to read:2119.(a)In lieu of executing a new affidavit of registration for a change of address within the county the county elections official shall accept a notice or letter of the change of address signed by a voter as he or she is registered.
(b)The county elections official shall accept a notification for the forthcoming election and shall change the address on the voters affidavit of registration accordingly if the notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official.
(2)The notification 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) prior to the election.
(3)The notification is delivered to the county elections official by means other than those described in paragraphs (2) and (3) on or before the 14th day prior to the election.
2119.(a)Except as provided in subdivision (d), Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.
(b)Transfers of registration for an election may be made from one precinct to another precinct in the same county or from one county to another county at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or written notice.
The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.
(c)If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was former registered shall be notified and the registration of the voter shall be immediately updated.
(d)The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voters affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:
(1)The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.
(2)The affidavit of registration or notification 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 prior to the election.
(3)The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to 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 prior to the election.
(e)If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.
(f)This section shall become operative on January 1, 2017.
SEC. 20.Section 2120 of the Elections Code is amended to read:2120.(a)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter provides the new address, the elections official shall immediately notify the elections official of the county to which the voter has moved. Upon receipt of the notice, the elections official of the county to which the voter has moved shall send to the voter a voter registration card, and shall instruct the voter that in order to record a change of address, the voter must reregister on a new affidavit of registration. The elections official shall cancel the old registration for any election occurring at least 29 days after the receipt of the letter. update the voters registration and the former address shall be maintained with the voter record.
(b)If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter does not provide the new address, the elections official shall cancel the old registration for any election occurring at least 15 days after the receipt of the letter.
SEC. 21.Section 2135 of the Elections Code is repealed.2135.The county elections official shall provide voter registration forms for use in registration by deputy registrars of voters. The voter registration forms shall be bound into books or pads. The affidavits included in the voter registration forms shall be numbered and shall have a stub attached as prescribed by Section 2160.
Each affidavit and stub shall bear the same number. The numbering shall begin with one and continue in a sequence until all of the blanks provided are numbered. The numbering shall begin anew with each 1,000,000 affidavits of registration numbered pursuant to this section. Each set of numbers shall be designated alphabetically as a series, beginning with series A, following the first 1,000,000.
SEC. 22.Section 2136 of the Elections Code is repealed.2136.Each deputy registrar of voters shall be issued a receipt by the county elections official for all books or pads issued, specifying the numbers of the affidavits received. The deputy is responsible for them until they are returned to the county elections official.
SEC. 23.Section 2137 of the Elections Code is repealed.2137.When any elector is registered, his or her name, residence, and residence telephone number, if furnished, shall be entered on the stub attached to the original affidavit. If for any cause the affidavit is spoiled in the course of execution or a mistake is made, the affidavit shall not be destroyed, but the name of the elector for whom it was intended, with his or her residence, shall be entered on the stub as in other cases, and the stubs and affidavits each marked with the word spoiled.
SEC. 24.Section 2139 of the Elections Code is amended to read:2139.On the day of the close of registration for any election all deputy registrars of voters or individuals and organizations that have submitted plans for distribution shall immediately return all completed affidavits of registration in their possession to the county elections official. Unused affidavits shall be returned upon completion of the distribution plan.
SEC. 25.Section 2140 of the Elections Code is amended to read:2140.The county elections official shall report to the district attorney of the county, under oath, the name of any deputy registrar of voters who has individuals or organizations that have submitted plans for distribution who have not complied with this article.
SEC. 26.Section 2141 of the Elections Code is repealed.2141.If the county elections official deems a duplicate file of voter registration cards to be necessary for administrative purposes, the county elections official may prepare, upon the receipt in his or her office of each original affidavit of registration, a reproduction thereof in compliance with the following conditions:
(a)The affidavit is photographed, microphotographed, or reproduced in a manner approved for permanent records by the National Bureau of Standards.
(b)The device used to reproduce the affidavit is one that accurately reproduces the original thereof in all details.
(c)The photographs, microphotographs, or other reproductions are placed in conveniently accessible files and provision is made for preserving, examining, and using the same.
Wherever in this code the term duplicate affidavit is used it shall be deemed to include the reproduced affidavit authorized by this section.
Any signature comparison required by this code may be made against these duplicates.
SEC. 27.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants 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 affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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. 28.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 affiants 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 affiants given name may be preceded, at affiants 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 affiants place of residence, residence telephone number, if furnished, and e-mail 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 e-mail address, and shall be so advised on the voter registration card.
(4)The affiants mailing address, if different from the place of residence.
(5)The affiants 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 affiants date of birth to establish that he or she is at least 16 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an applicant who has been issued a current and valid drivers license, the applicants drivers 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 applicants social security number.
(C)If an applicant for voter registration has not been issued a current and valid drivers 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 affiants 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 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, 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. 29.Section 2155.3 of the Elections Code is amended to read:2155.3.(a)In lieu of the voter notification required by Section 2155, a person under 18 years of age who submits an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, as amended by the act adding this section shall be sent a voter preregistration notice upon a determination that the affidavit of registration is properly executed and that the person otherwise satisfies all eligibility requirements to vote, except that he or she is under 18 years of age. The county elections official shall send the voter preregistration notice by nonforwardable, first-class mail, address correction requested.
(b)The voter preregistration notice required by subdivision (a) shall be substantially in the following form:
VOTER PREREGISTRATION NOTICE
Thank you for registering preregistering to vote. You may vote in any election held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our office or update your registration preregistration at the Internet Web site of the Secretary of State.
SEC. 30.Section 2157 of the Elections Code is amended to read:2157.
(a)Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following:
(1)Contain the information prescribed in Section 2150.
(2)Be sufficiently uniform among the separate counties to allow for the processing and use by one county of an affidavit completed in another county.
(3)
(2)Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county.
(4)
(3)Be included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line.
(5)
(4)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following:
Certain voters facing life-threatening situations may qualify for confidential voter status. For more information, please contact the Secretary of States Safe At Home program or visit the Secretary of States Web site.
(6)
(5)Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State.
(7)
(6)Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information.
(8)
(7)Be returnable to the county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State.
(b)Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration.
(c)The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section, or Section 2150, or Section 2160.
(d) An affidavit of registration shall not be submitted electronically on a countys Internet Web site. However, a county may provide a hyperlink on the countys Internet Web site to the Secretary of States electronic voter registration system.
SEC. 31.Section 2158 of the Elections Code is amended to read:2158.In addition to registration conducted by deputy registrars of voters, the county County elections official officials shall do all of the following:
(a)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (42 (52 U.S.C. Sec. 1973aa-1a) 10503) or Section 4(f)(4) (42 (52 U.S.C. Sec. 1973b(f)(4)) 10303(f)(4)) of the federal Voting Rights Act of 1965.
(b)Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county.
(1)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards.
(2)If, after completing his or her voter registration card, an elector entrusts it to another person, the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter.
(3)An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards.
(4)If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card instructing the recipients to disregard the cards if they are currently registered voters.
(c)Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card.
SEC. 32.Section 2160 of the Elections Code is repealed.2160.(a)Each affidavit of registration issued to a deputy registrar of voters shall meet the requirements prescribed by Section 2157, except that the voter registration card shall be modified, pursuant to regulations adopted by the Secretary of State, to reflect the use of a deputy registrar of voters in lieu of mail delivery. A stub, separated from the body of the voter registration card by a perforated line, shall be attached to each affidavit. Upon the stub shall be printed the following:
(1)The number of the affidavit.
(2)Blank lines for the following information:
(A)The name of the voter.
(B)The residence of the voter.
(C)The political affiliation of the voter.
(D)The signature of the voter.
(E)The signature of the deputy taking the registration.
(F)The date.
At the time of registering the voter, the deputy shall fill in the blanks in the stub, and require the voter to sign the stub in the place provided. The deputy shall then detach the stub and the informational portion of the voter registration form from the affidavit and hand the stub and information to the voter.
(b)The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section, Section 2150, or Section 2157.
SEC. 33.Section 2163 of the Elections Code is amended to read:2163.The Secretary of State shall prepare and print or cause to be printed an appropriate voter registration logo that may be displayed on the windows of by offices, stores, and other establishments indicating the availability of voter registration cards for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization that distributes voter registration cards.
SEC. 34.Section 2165 of the Elections Code is amended to read:2165.Affidavits of registration for the whole of each county shall be filed, as fast as the registration progresses, in any orderly arrangement as prescribed by the county elections official. If the affidavits are not filed alphabetically without regard to precinct, the county elections official shall, by electronic, electromechanical, or other suitable means, provide, for general use in his or her office, a comprehensive, printed alphabetical index to the surnames of voters on all uncanceled affidavits for the whole of the county, whereby the affidavit of registration of any voter may be ascertained and produced. In the case of voters having the same surname, the classification of names appearing on the index shall extend to the given and, where necessary, the middle name or initial shall be processed immediately.
SEC. 35.Section 2166 of the Elections Code is amended to read:2166.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voters household, and naming the county elections official as a party.
(b)Any person granted confidentiality confidential voter status under subdivision (a) shall:
(1)Be Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters.
(2)In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word confidential or some similar designation in place of the residence address shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60 days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness.
SEC. 36.Section 2166.5 of the Elections Code is amended to read:2166.5.(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b)Any person granted confidentiality confidential voter status under subdivision (a) shall:
(1)Be Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters.
(2)In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word confidential or some similar designation in place of the residence address shall exclude voters with a confidential voter status.
(c)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d)Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participants certification.
SEC. 37.Section 2166.7 of the Elections Code is amended to read:2166.7.(a)If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officers residence address, telephone number, and e-mail address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b)The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officers family. The application shall be a public record.
(c)The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d)Any person granted confidentiality confidential voter status under subdivision (a) shall:
(1)Be Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters.
(2)In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word confidential or some similar designation in place of the residence address index, shall exclude voters with a confidential voter status.
(3)Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B)Honor the confidential voter status from the former county for 60-days from the date of notice.
(C)Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D)Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(e)No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f)A public safety officer has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code.
SEC. 38.Section 2168 of the Elections Code is amended to read:2168.(a)The Secretary of State shall establish and maintain a statewide system to facilitate removal of duplicate or prior registrations, to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration.
(b)The statewide system established pursuant to this section shall not replace county voter registration systems or processes.
SEC. 39.Section 2180 of the Elections Code is repealed.2180.(a)At least once, and more often if he or she deems it necessary, within each two-year period commencing on the first day of January in each odd-numbered year, the county elections official shall have printed a complete index, by precinct, to the affidavits of registration current at the date of printing.
(b)(1)The index shall contain the name, address, residence telephone number if furnished, and political affiliation of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters.
(2)The name shall include the given name and the middle name or initials, if any. At the affiants option, the given name may be preceded by the designation Miss, Ms., Mrs., or Mr.
(c)The index shall be printed in a size no smaller than eight-point roman type on eight-point body and shall be arranged in alphabetical order in accordance with the surnames of the voters.
(d)A space of not less than one-quarter inch or one line of printing shall be left between the names of voters beginning with one letter of the alphabet and those starting with the next letter of the alphabet.
(e)Supplements of the same content and style may be printed as need for them appears.
SEC. 40.Section 2181 of the Elections Code is repealed.2181.In addition to printing a complete index within and for each two-year period, as provided in Section 2180, the county elections official may print and maintain one complete and continuing index, by precinct, to the affidavits of registration and keep the index current by supplements and deletions as provided in Sections 2180 and 2183, and by reprinting portions of the index by precinct, as the need appears, the reprinted portions to contain the same information concerning each voter and to be in the same style, spacing, and type of print as provided in Section 2180.
SEC. 41.Section 2182 of the Elections Code is repealed.2182.The number of copies of the precinct index printed shall be as many as in the judgment of the county elections official may be necessary for the business of the office. In counties where the precinct index is printed by means of a punched card or other high-speed data processing equipment, the number of copies of precinct indexes so prepared shall be the number required to be furnished by law and as many more as in the judgment of the county elections official may be necessary for the business of the office.
SEC. 42.Section 2183 of the Elections Code is amended to read:2183.(a)The elections official shall supply copies an electronic copy, or paper copy upon request, of the index and of supplements to the index, necessary to bring it up to date, for all elections to be held within the county. The county elections official shall also supply as many copies of the index and supplements, not to exceed four in number, as may be requested by the elections official of a city, school district or other body. The name of each voter whose affidavit of registration has been canceled shall be lined out of shall be removed from the index and supplement. The county elections official may charge an amount as will sufficient to reimburse the county for the expense incurred in preparing and furnishing lined out the indexes of registrations and supplements other than for those provided for by Sections 2180 and 2182.
In the case of a municipal election, an index provided pursuant to this section shall be supplied to the city elections official not less than 25 days prior to the day of the election for which it is provided. If the index does not contain the names of all people eligible to vote in the election, the county elections official shall supply a supplement to the index, including all voters who registered after the 54th day before the election, not less than seven days prior to the election for which it is provided.
(b)(1)The index shall contain the name, address, residence telephone number if furnished, and political preference of each voter, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters.
(2)The name shall include the given name and the middle name or initials, if any. At the affiants option, the given name may be preceded by the designation Miss, Ms., Mrs., or Mr.
SEC. 43.Section 2184 of the Elections Code is amended to read:2184.Upon demand request of any Member of the Legislature, of Congress, or any candidate who is to be voted for in the county, in a city therein, or in a political subdivision of either, or upon written demand of his or her campaign committee, of any committee for or against any proposed ballot measure, or of any committee for or against any referendum or initiative measure for which legal publication has been made, the county elections official shall furnish to the Member of the Legislature, of Congress, or to either the candidate or his or her campaign committee or to the ballot measure committee no more than two copies of the printed indexes the index of the registration for the primary and general elections in which the Member of the Legislature or Congress may participate as a candidate, or for the election in which the candidate will participate, or the ballot measure will be voted upon, at a charge of fifty cents ($0.50) per thousand names. All moneys collected shall be deposited in the county treasury to the credit of the general fund.
SEC. 44.Section 2185 of the Elections Code is amended to read:2185.Upon written demand request of the chair or vice chair of a party state central committee or of the chair of a party county central committee, the county elections official shall furnish to each committee, without charge therefor, the index of registration for the primary and general elections, for any special election at which a partisan office is to be filled, or for any statewide special election. The index of registration shall be furnished to the committee demanding the index not less than 25 days prior to the day of the primary, general, or special election for which they are provided. Upon written demand, the county elections official shall also furnish to the committee the index of registration of voters who registered after the 54th day before the election, which shall be compiled and prepared by Assembly districts. The county elections official shall furnish either two printed copies or, if available, one copy per election in an electronic form, or in paper form upon request, of the indexes specified in this section.
SEC. 45.Section 2187 of the Elections Code is amended to read:2187.(a)Each county elections official shall send to the Secretary of State, in a format described by the Secretary of State, a summary statement of the number of voters in the county. The statement shall show the total number of voters in the county, the number registered as affiliated with each qualified political party, the number registered in nonqualified parties, and the number who declined to state any party affiliation. The statement shall also show the number of voters, by political affiliations, in each city, supervisorial district, Assembly district, Senate district, and congressional district located in whole or in part within the county. provide notice to the Secretary of State that the following information is available:
(1)The total number of voters in the county.
(2)The number registered as preferring each qualified political party.
(3)The number registered as preferring nonqualified parties.
(4)The number registered without choosing a political party preference.
(5)The number of voters by political preferences in each of the following political subdivisions, located in whole or in part within the county:
(A)A supervisorial district.
(B)Congressional district.
(C)Senate district.
(D)Assembly district.
(E)Board of Equalization district.
(F)Cities and unincorporated areas.
(b)The Secretary of State, on the basis of the statements sent by the county elections officials and within 30 days after receiving those statements the information specified in subdivision (a), shall compile a statewide list showing the number of voters, by party affiliations preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c)Each county that uses data-processing equipment to store the information set forth in the affidavit of registration shall send to the Secretary of State one copy of the electronic data file with the information requested by the Secretary of State. Each county that does not use data-processing storage shall send to the Secretary of State one copy of the index setting forth that information.
(d)
(c)The summary statements and the electronic data file copy or the index shall be sent county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1)On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election.
(2)Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election.
(3)Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election.
(4)Not less than 102 days prior to each presidential general election, with respect to voters registered before the 123rd day before the presidential general election.
(5)Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election.
(6)Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election.
(7)On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10.
(e)The Secretary of State may adopt regulations prescribing the content and format of the electronic data file or index referred to in subdivision (c) that contains the registered voter information from the affidavits of registration.
(f)
(d)The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.
(g)The Secretary of State shall make the information from the electronic data files or the printed indexes available, under conditions prescribed by the Secretary of State, to any candidate for federal, state, or local office, to any committee for or against any proposed ballot measure, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly or political research, or governmental purposes as determined by the Secretary of State.
(h)For purposes of this section, electronic data file means either a magnetic tape or a data file in an alternative electronic format, at the discretion of the county elections official.
SEC. 46.Section 2188 of the Elections Code is amended to read:2188.(a)Any application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county shall be made pursuant to this section.
(b)The application shall set forth all of the following:
(1)The printed or typed name of the applicant in full.
(2)The complete residence address and complete business address of the applicant, giving street and number. If no street or number exists, a postal mailing address as well as an adequate designation sufficient to readily ascertain the location.
(3)The telephone number of the applicant, if one exists.
(4)The number of the applicants drivers license, state identification card, or other identification approved by the Secretary of State if the applicant does not have a drivers license or state identification card.
(5)The specific information requested.
(6)A statement of the intended use of the information requested.
(c)If the application is on behalf of a person other than the applicant, the applicant shall, in addition to the information required by subdivision (b), set forth all of the following:
(1)The name of the person, organization, company, committee, association, or group requesting the voter registration information, including their complete mailing address and telephone number.
(2)The name of the person authorizing or requesting the applicant to obtain the voter registration information.
(d)The elections official shall request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form.
(e)The applicant shall certify to the truth and correctness of the content of the application, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial, or initial and middle name. The applicant shall state the date and place of execution of the declaration.
(f)Completed applications for voter registration information shall be retained by the elections official for five years from the date of application.
(g)This section shall not apply to requests for information by elections officials for election purposes or by other public agencies for governmental purposes.
(h)The Secretary of State may prescribe additional information to be included in the application for voter registration information.
(i)A county may not provide information for any political subdivision that is not wholly or partially contained within that county.
SEC. 47.Section 2188.1 of the Elections Code is amended to read:2188.1.The Secretary of State shall study the feasibility of inserting may insert fictitious names of voters into the voter registration information database as a possible an investigative and enforcement tool for determining inappropriate or unauthorized uses of voter registration information.
SEC. 48.Section 2188.5 of the Elections Code is amended to read:2188.5.(a)A person who requests voter information pursuant to Section 2188 or who obtains signatures or other information collected for an initiative, referendum, political party qualification, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet. (b)
(b)For purposes of this section, United States includes each of the several states of the United States, the District of Columbia, and the territories and possessions of the United States.
SEC. 49.Section 2190 of the Elections Code is repealed.2190.If the county elections official maintains tabulating cards containing the information set forth in the affidavits of registration of voters, or sets forth that information on electronic data processing tape, he or she shall provide, upon request, not less than 30 days prior to each direct primary election and general election, one set of those cards or a copy of the tape to the county central committee of a party for all voters allowed to participate in the subsequent direct primary election or general election. The county elections official shall also furnish to the county central committee, not less than seven days prior to each direct primary election and general election, one set of those cards or a copy of the tape of those voters who registered after the 54th day before the election. The cards or tape shall be provided without charge, except that the county central committee shall provide a replacement for the tape.
In addition to those provided to county central committees, the county elections official shall provide, upon request, a set of cards or a copy of a tape to any candidate or committee specified in Section 2184, provided that the candidate or committee reimburses the county for whatever actual costs are involved in providing this service.
SEC. 50.Section 2191 of the Elections Code is amended to read:2191.The Upon request, the elections official shall compile an index, list, or file, by precinct, of all persons who voted in the previous statewide general election previous elections. This information shall be compiled in conjunction with the purge of voter registration files conducted pursuant to Article 2 (commencing with Section 2220) of Chapter 3.
Information compiled pursuant to this section shall include that information which is required to appear in the index as set forth in Section 2180 2183.
Any person, candidate, or committee who is entitled to obtain a copy of any information contained in this article shall, upon written request to the elections official, be entitled to obtain the index, list, or file compiled pursuant to this section. The elections official shall inform any recipient of this information as to whether the index, list, or file includes a voting history of vote by mail voters. The elections official may require the payment of a fee not to exceed the cost of duplicating the information or providing the tape as a condition to furnishing the information contained in this section.
If the elections official uses data-processing equipment, he or she shall make the index available on a data-processing tape file on request. The elections official shall be required to retain this file until the next November general election in an even-numbered year has been conducted.
SEC. 51.Section 2192 of the Elections Code is repealed.2192.Notwithstanding anything contained in this article, in any county in which tabulating equipment is used to produce the indexes of registration, the indexes shall be furnished to persons, committees, and agencies as provided in this article by street addresses in numerical order, but the indexes may be maintained in alphabetical order. In the event the county contains precincts for which the majority of voters have no street addresses, the indexes for those precincts may be arranged and furnished for all purposes in alphabetical order in accordance with the surnames of voters.
SEC. 52.Section 2193 of the Elections Code is amended to read:2193.The Secretary of State shall, upon the request of a county elections official, compile, from the information furnished by the county elections officials pursuant to Section 2187, a file of potential identify possible duplicate voter registrations. The county elections official may immediately cancel those Those voter registrations which, upon investigation, are determined to be duplicates. The may be merged and the voter registration bearing the later most recent date shall remain in effect be the active record for that voter.
SEC. 53.Section 2194 of the Elections Code is amended to read:2194.(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (42 (52 U.S.C. Sec. 15301 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 54.Section 2196 of the Elections Code is amended to read:2196.(a)(1)Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California drivers license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.
(2)An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.
(3)The affiant shall affirmatively attest to the truth of the information provided in the affidavit.
(4)For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her drivers license or state identification card.
(5)For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicants signature from his or her drivers license or state identification card directly from the Department of Motor Vehicles.
(6)The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:
(A)The number from his or her California drivers license or state identification card.
(B)His or her date of birth.
(C)The last four digits of his or her social security number.
(D)Any other information the Secretary of State deems necessary to establish the identity of the affiant.
(7)Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:
(A)That the applicant has a California drivers license or state identification card and that the number for that drivers license or identification card provided by the applicant matches the number for that persons drivers license or identification card that is on file with the Department of Motor Vehicles.
(B)That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.
(8)The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section.
(b)The Department of Motor Vehicles shall utilize the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 (52 U.S.C. Sec. 1973gg 20501 et seq.).
(c)The Department of Motor Vehicles and the Secretary of State shall develop maintain a process and the infrastructure to allow the electronic copy of the applicants signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.
(d)If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of States Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official.
(e)This chapter shall become operative upon the date that either of the following occurs:
(1)The Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(2)The Secretary of State executes a declaration stating that all of the following conditions have occurred:
(A)The United States Election Assistance Commission has approved the use of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301) funding to provide online voter registration in advance of the deployment of the statewide voter registration database or other federal funding is available and approved for the same purpose.
(B)The Department of Motor Vehicles and the Secretary of State have developed a process and the infrastructure necessary to implement paragraph (5) of subdivision (a).
(C)All county election management systems have been modified to receive and store electronic voter registration information received from the Secretary of State in order to allow a person who is qualified to register to vote in California to register to vote under this section.
(f)For purposes of implementing this chapter as expeditiously as possible, if it becomes operative pursuant to paragraph (2) of subdivision (e), the Secretary of States office shall be exempt from information technology requirements included in Sections 11545, 11546, and 11547 of the Government Code and Section 12100 of the Public Contract Code, and from information technology project and funding approvals included in any other provision of law.
SEC. 55.Section 2200 of the Elections Code is amended to read:2200.The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article.
SEC. 56.Section 2201 of the Elections Code is amended to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(a)
(1)At the signed, written request of the person registered.
(b)
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(c)
(3)Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(d)
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(e)
(5)Upon the death of the person registered.
(f)
(6)Pursuant to Article 2 (commencing with Section 2220).
(g)
(7)Upon official notification that the voter is registered to vote in another county or state.
(h)
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned or on parole for conviction of a felony.
(3)Upon the death of the person registered.
SEC. 57.Section 2202 of the Elections Code is amended to read:2202.(a)The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194.
The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2180) 2183) of Chapter 2.
(b)In lieu of maintaining uncanceled affidavits of registration, the county elections official may, following the first general election after the date of registration, microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. Any medium utilized by the county elections official shall meet the minimum standards, guidelines, or both, as recommended by the American National Standards Institute or the Association of Information and Image Management. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.
SEC. 58.Section 2203 of the Elections Code is repealed.2203.(a)Cancellation is made by writing or stamping on the affidavit of registration the word canceled, the reason the affidavit was canceled, and the date of cancellation.
(b)Whenever a voter transfers his or her registration from one precinct to another precinct in the same county, or reregisters in another precinct in the same county as shown by the new affidavit of registration, the county elections official shall immediately cancel the affidavit of registration from the precinct in which the voter was first registered, and shall remove the affidavit from the file of uncanceled affidavits.
(c)Except as provided in Section 2119, whenever a voter removes from one county to another county and registers in the latter county, the county elections official of the county in which he or she was first registered, upon being informed of his or her removal either by the voter personally or by receipt of a notice of reregistration under Section 2118, shall likewise cancel his or her registration and remove the affidavit of registration in that county.
(d)The county elections official in distributing to each precinct the three indexes of registration, as required by Section 2189, shall cross out of those indexes the names of all voters whose affidavits of registration from the precinct have been canceled.
SEC. 59.Section 2204 of the Elections Code is repealed.2204.Notwithstanding any other provision of law, whenever a voter changes his or her residence within the same precinct, the voters affidavit of registration shall not be cancelled. Whenever notified by the voter, the elections official shall change the voters affidavit of registration to reflect the new residence address within the same precinct.
SEC. 60.Section 2206 of the Elections Code is amended to read:2206.The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.
SEC. 61.Section 2208 of the Elections Code is amended to read:2208.(a)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 that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4)A person has plead 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 that the person is not capable of completing an affidavit of voter registration 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 that the person is not capable of completing an affidavit of voter registration, the court shall forward the order and determination to the county elections official of the persons county of residence Secretary of State 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.
SEC. 62.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 persons capability of completing an affidavit of voter registration in accordance with Section 2150.
(b)(1)If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, and the investigator shall so inform the court.
(2)If the investigator finds that the person is capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the court shall hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person is found to be capable of completing the affidavit, the persons right to register to vote shall be restored, and the court shall so notify the county elections official Secretary of State in the format prescribed by the Secretary of State.
(c)If the person had not been found to be incapable of completing an affidavit of voter registration, and the court investigator determines that the person is no longer capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration in accordance with Section 2150 and subdivision (d) of Section 2208. If the court determines that the person is not so able, 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 Secretary of State in the format prescribed by the Secretary of State.
SEC. 63.Section 2210 of the Elections Code is amended to read:2210.(a)If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest his or her disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b)When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification to the appropriate county elections official shall be made Secretary of State in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.
(c)If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the county elections official of the persons county of residence Secretary of State in the format that the persons right to register to vote is restored.
SEC. 64.Section 2211 of the Elections Code is amended to read:2211.(a)Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.
(b)Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the elections official of the county of residence of the person Secretary of State in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.
(c)If the person is later released from the public or private treatment facility, the court shall notify the county elections official of the county of residence of the person Secretary of State in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.
SEC. 65.Section 2212 of the Elections Code is amended to read:2212.The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the chief elections official of the county Secretary of State in the format prescribed by the Secretary of State, not less frequently than the first day of April and the first day of September of each year every month, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerks last report. The elections official Secretary of State shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
SEC. 66.Section 2221 of the Elections Code is amended to read:2221.(a)Based on the postal notices on the returned residency confirmation postcards received pursuant to Section 2220, the county elections official shall take the following actions:
(1)The affidavits of registration of persons whose residency confirmation postcards are returned by the post office as undeliverable and who have no forwarding address shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. These persons shall be mailed the confirmation notices described in subdivision (d) (c) of Section 2225.
(2)The affidavits of registration of persons for whom forwarding addresses within the county or outside the county are received shall be corrected immediately updated to reflect the new address provided by the post office and the former address shall be maintained with the voter record. These persons shall be mailed the confirmation notices described in subdivision (b) of Section 2225.
(3)The affidavits of registration of persons for whom forwarding addresses outside of the county are received shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. These persons shall be mailed the confirmation notices described in subdivision (c) of Section 2225.
(b)Blank affidavits of registration shall immediately be mailed to the addresses from which voter registrations were canceled or changed pursuant to this section.
(c)
(b)All address corrections and cancellations of updates to affidavits of registration made pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 67.Section 2224 of the Elections Code is amended to read:2224.(a)If a voter has not voted in an election within the preceding four years, and his or her residence address, name, or party affiliation preference has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or sample ballot returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.
IMPORTANT NOTICE
According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in this county California you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.
If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections office or the Secretary of States office. elections.
(b)The use of a toll-free number to confirm the old residence address is optional. Any change to a voters address shall be received in writing.
(c)A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing.
SEC. 68.Section 2225 of the Elections Code is amended to read:2225.(a)Based on change-of-address data received from the United States Postal Service or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information.
Notification received through NCOA or Operation Mail that a voter has moved and has given no forwarding address shall not require the mailing of a forwardable notice to that voter.
(b)If postal service change-of-address data indicates that the voter has moved to a new residence address in the same county California, the forwardable notice shall be in substantially the following form:
We have received notification that the voter has you have moved to a new residence address in ____ County California. You will be registered to vote at your new address unless you notify our office within 15 days that the address to which this card was mailed is not a change of your permanent residence. You must notify our office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a permanent residence, and if you do not notify us within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.
(c)If postal service change-of-address data indicates that the voter has moved to a new address in another county, the forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new address not in ____ County. Please use the attached postage-paid postcard to: (1) advise us if this is or is not a permanent change of residence address, or (2) to advise us if our information is incorrect. If you do not return this card within 15 days and continue to reside in ____ County, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be canceled and you will have to reregister in order to vote. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections officer or 1-800-345-VOTE.
(d)
(c)If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address, a forwardable notice shall be sent in substantially the following form:
We are attempting to verify postal notification that the voter to whom this card is addressed has moved and left no forwarding address. If the person receiving this card is the addressed voter, please confirm your continued residence or provide current residence information on the attached postage-paid postcard within 15 days. If you do not return this card and continue to reside in ____ County California, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections office or the Secretary of States office. vote.
(e)
(d)The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing.
SEC. 69.Section 2226 of the Elections Code is amended to read:2226.(a)Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1)If the information indicates the voter has moved to a new residence address within the same county in California, the county elections official shall immediately update and correct the voters registration.
(2)If the information indicates the voter has moved to a new address in another county, if the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address as required by Section 2224, the county elections official may place the voters name on the inactive file of registered voters who do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration-related processes.
(3)If the voter verifies in writing that he or she has moved to a residence address in another county, the county elections official shall cancel the voter registration in the county from which the voter has moved.
(b)The voter registration of any voter whose name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing required by Section 2225, and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing, may be canceled.
(c)Any voter whose name has been placed on the inactive file of registered voters and offers to vote at any election between the date of the verification notice, and two federal general elections after the date of notice, or who notifies the elections official of a continued residency, shall be removed from the inactive file and placed on the active voter file.
(d)All address corrections updates, cancellations, and inactive transactions made to the voter registration file pursuant to this section shall be reflected on the voter index as required by Section 2191.
SEC. 70.Section 2227 of the Elections Code is amended to read:2227.(a)In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section.
(b)If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur:
(1)For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees.
(2)The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed his or her residence address.
(c)(1)Notwithstanding Section 2194 of this code or Section 6254.4 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voters name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section.
(2)A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, or 2166.7 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(d)A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section.
(e)Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form:
We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.
(f)The county elections official shall take all of the following actions as appropriate:
(1)If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address within the same county in California, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, correct immediately update the voters registration with the new residence address.
(2)If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address in another county, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, cancel the voters registration in the county from which the voter has moved.
(3)
(2)If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that he or she has moved to a new residence address, the elections official shall not place the voters name on the inactive file of registered voters or cancel the voter registration.
(g)For purposes of this section, consumer credit reporting agency has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code.
SEC. 71.Section 3010 of the Elections Code is amended to read:3010.The elections official shall deliver to each qualified applicant:
(a)The ballot for the precinct in which he or she resides. In primary elections this shall also be accompanied by the ballot for the central committee of the party with for which the voter is affiliated has disclosed a preference, if any.
(b)All supplies necessary for the use and return of the ballot.
No officer of this state may make any charge for services rendered to any voter under this chapter.
SEC. 72.Section 3011 of the Elections Code is amended to read:3011.(a)The identification envelope shall contain all of the following:
(1)A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope.
(2)The signature of the voter.
(3)The residence address of the voter as shown on the affidavit of registration.
(4)The date of signing.
(5)A notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
(6)A warning plainly stamped or printed on it that voting twice constitutes a crime.
(7)A warning plainly stamped or printed on it that the voter must sign the envelope in his or her own handwriting in order for the ballot to be counted.
(8)A statement that the voter has neither applied, nor intends to apply, for a vote by mail voters ballot from any other jurisdiction for the same election.
(9)The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017.
(10)The relationship to the voter of the person authorized to return the vote by mail ballot.
(11)The signature of the person authorized to return the vote by mail ballot.
(b)Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voters party affiliation preference may not be stamped or printed on the identification envelope.
SEC. 73.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county in which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.
(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.
(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.
(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use the duplicate file of affidavits of registered voters or the facsimiles of voters signatures, any file or list of registered voters provided that the method of preparing and displaying the facsimiles file or list complies with law.
(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.
(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.
(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
SEC. 74.Section 9031 of the Elections Code is amended to read:9031.(a)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials.
(b)Within 30 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by his or her office, or the facsimiles of voters signatures, voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
(c)(1)During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.
(2)The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.
(d)The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.
(e)(1)If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
(2)If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials.
SEC. 75.Section 9114 of the Elections Code is amended to read:9114.Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures, any file or list of registered voters provided that the method of preparing and displaying the facsimiles file or list complies with law.
The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
If the petition is found sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 76.Section 9115 of the Elections Code is amended to read:9115.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures, any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
(d)The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.
SEC. 77.Section 9308 of the Elections Code is amended to read:9308.(a)Except as provided in Section 9309, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the district elections official shall examine the petition, and from the records of registration ascertain whether the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition.
(b)In determining the number of valid signatures, the district elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures, any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
(c)The district elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition.
(d)If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date.
(e)If the petition is found sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 78.Section 9309 of the Elections Code is amended to read:9309.(a)Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater.
(b)If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.
(c)In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters signatures, any file or list of registered voters, provided that the method of preparing and displaying the facsimiles file or list complies with law.
(d)The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(e)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect.
(f)If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.
SEC. 79.Section 14202 of the Elections Code is amended to read:14202.(a)Before opening the polls, the precinct board shall post in separate, convenient places at or near the polling place, and of easy access to the voters, not less than two of the copies of the index to the affidavits of registration for that precinct. The copies of the index may be by street address in numerical order.
(b)In any county in which tabulating equipment is used to produce the index of registration, the copies of the index posted pursuant to this section shall be by street addresses in numerical order, unless otherwise provided by Section 2192.
SEC. 80.Section 18104 of the Elections Code is amended to read:18104.Any deputy registrar of voters individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2135) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of any deputies individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action.
SEC. 81.Section 18109 of the Elections Code is amended to read:18109.(a)It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2180) 2183) of Chapter 2 of Division 2 of this code or Section 6254.4 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.
(b)It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188.
SEC. 82.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB 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.
SEC. 83.This act shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
SECTION 1.Section 2117 of the Elections Code is amended to read:2117.Except as provided in Section 2119, if a voter reregisters or transfers his or her registration from one precinct to another, the former address shall be maintained with the voter record and the registration shall thereupon be updated.
Except as provided in Section 2119, if a voter reregisters or transfers his or her registration from one precinct to another, the former address shall be entered in the prior registration portion of the affidavit, and the former registration shall thereupon be canceled maintained with the voter record and the registration shall thereupon be updated.
|
Date
|
Status
|
|---|---|
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Oct 10, 2015 | Chaptered by Secretary of State - Chapter 728, Statutes of 2015. |
| Oct 10, 2015 | Approved by the Governor. |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 7.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 7. Page 3089.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 1.) (September 9). |
| Sep 4, 2015 | Re-referred to Com. on E. & R. pursuant to Assembly Rule 77.2. |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2485.). |
| Sep 3, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 3, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77. |
| Sep 2, 2015 | Read second time. Ordered to third reading. |
| Sep 1, 2015 | Read third time and amended. Ordered to second reading. |
| Feb 26, 2015 | Read first time. To print. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Aug 17, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jul 1, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 4, 2015 | Referred to Com. on E. & C.A. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1560.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 13). |
| Mar 19, 2015 | Referred to Com. on E. & R. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 1020 RIDLEY-THOMAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| Sep 3, 2015 | Assembly 3rd Reading AB1020 Ridley-Thomas By Allen | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 22, 2015 | AB 1020 RIDLEY-THOMAS Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Sep 10, 2015 |
| Secretary of State Alex Padilla | ** Support | Sep 10, 2015 |
AB 1020
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 1020
(Ridley-Thomas)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
38-1 |
(September 3, 2015) |
||||
COMMITTEE VOTE: |
5-1 |
(September 9, 2015) |
RECOMMENDATION: |
concur |
|||||
(E. & R.)
Original Committee Reference: E. & R.
SUMMARY: Updates key Elections Code statutes and deletes obsolete provisions in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
The Senate amendments delete the Assembly version of this bill, and instead:
Update numerous sections of the Elections Code and delete numerous obsolete sections in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Repeal references in law to deputy registrars of voters and make conforming changes to related provisions of law.
Delete various existing provisions of law regarding the timing of acceptance of affidavits of registration and consolidate these and other related code sections into a single section that consolidates deadlines for voter registration, re-registration, and updating of registrations that also reflects anticipation of the start of conditional voter registration.
Make corresponding changes to the process whereby specified voters may apply for and receive confidential voter status in anticipation of VoteCal.
Provide that a person who obtains signatures or other information collected for a political party qualification petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
Make conforming changes to state law relating to preregistration, under which a person who is at least 16 years of age can preregister to vote, with the registration becoming effective once that person is 18 years of age.
Correct incorrect cross-references and delete numerous obsolete provisions of law.
Provide that this bill becomes operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act (HAVA) of 2002.
Add double-jointing language to avoid chaptering problems with AB 477 (Mullin) and SB 589 (Block) of the current legislative session.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: HAVA requires every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level. At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy all of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter.
In order to meet the statewide voter registration requirements outlined in HAVA, California made upgrades to the Calvoter system to achieve interim compliance while the state developed a new permanent statewide voter registration system. The new system, which is currently in development, is known as VoteCal. The VoteCal system is currently on track for full implementation in 2016.
This bill prepares for the deployment of the federally mandated VoteCal statewide voter registration database by updating key Elections Code statutes and deleting obsolete provisions of state law.
This bill was substantially amended in the Senate and the Assembly-approved provisions of this bill were deleted. As a result, this bill was re-referred to the Assembly Elections and Redistricting Committee pursuant to Assembly Rule 77.2, and the committee subsequently recommended that the Assembly concur in the Senate amendments to this bill.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0002322
AB 1020
Page 6
Date of Hearing: September 9, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 1020 (
Ridley-Thomas) – As Amended September 1, 2015
CONCURRENCE IN SENATE AMENDMENTS
ASSEMBLY: |
|
(May 22, 2015) |
SENATE: |
38-1 |
(September 3, 2015) |
(vote not relevant)
SUBJECT: Elections: voter registration.
SUMMARY: Updates key Elections Code statutes and deletes obsolete provisions in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
The Senate amendments delete the Assembly version of this bill, and instead:
Update numerous sections of the Elections Code and delete numerous obsolete sections in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Repeal references in law to deputy registrars of voters and make conforming changes to related provisions of law.
Delete various existing provisions of law regarding the timing of acceptance of affidavits of registration and consolidate these and other related code sections into a single section that consolidates deadlines for voter registration, re-registration, and updating of registrations that also reflects anticipation of the start of conditional voter registration.
Make corresponding changes to the process whereby specified voters may apply for and receive confidential voter status in anticipation of VoteCal.
Provide that a person who obtains signatures or other information collected for a political party qualification petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
Make conforming changes to state law relating to preregistration, under which a person who is at least 16 years of age can preregister to vote, with the registration becoming effective once that person is 18 years of age.
Correct incorrect cross-references and delete numerous obsolete provisions of law.
Provide that this bill becomes operative only if the Secretary of State (SOS) certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act (HAVA) of 2002.
Add double-jointing language to avoid chaptering problems with AB 477 (Mullin) and SB 589 (Block) of the current legislative session.
EXISTING LAW:
Requires each state, pursuant to HAVA, to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.
Authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registration, to deputize as registrars qualified citizens to register voters anywhere within the county.
Sets forth the deadlines by which county elections officials must accept affidavits of registration which is generally at all times except during the 14 days immediately preceding an election, except under forthcoming provisions permitting "conditional" registration of voters in conjunction with provisional voting after this deadline up to and including election day.
Specifies that conditional voter registration, as described above, becomes operative on January 1 of the year following the year in which the SOS certifies that the state has a statewide voter registration database that complies with the requirements of HAVA. It is anticipated that this statewide voter database will become operative in 2016, therefore conditional voter registration will commence in 2017.
Permits specified voters to apply for and receive confidential voter status.
Provides that a person who obtains signatures or other information collected for an initiative, referendum, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Prior Committee Consideration of This Measure: In May, this committee considered and approved this measure on a 7-0 vote. At the time, this measure required, when a voter reregistered or transferred his or her registration from one precinct to another, for the voter's address to be updated and the voter's former address to be maintained with the voter's registration record. The bill was intended to be a vehicle to make necessary statutory changes to ensure that the federally mandated VoteCal statewide voter registration database can be implemented effectively, but at the time this bill was heard in this committee, elections officials were still identifying the relevant statutes that needed to be updated.
Subsequent to the committee's approval of this measure, it was amended in the Senate to add substantive updates to state law to ensure that the VoteCal database can be implemented effectively. As a result, this bill has been re-referred to this committee for further consideration pursuant to Assembly Rule 77.2.Purpose of the Bill: According to the author:
California is in the process of developing a new statewide voter registration system in order to fully comply with requirements in federal law. The new system, which is known as VoteCal, is currently on track for full implementation in 2016. While California must develop a statewide voter database pursuant to federal law, multiple state statutes must be changed to conform to federal requirements.
AB 1020 will ensure that the federally mandated VoteCal statewide voter registration database can be implemented effectively by updating key Elections Code statutes and deleting obsolete provisions.
VoteCal and HAVA Requirements: On October 29, 2002, President George W. Bush signed HAVA. Enacted partially in response to the 2000 Presidential election, HAVA was designed to improve the administration of federal elections. Among other provisions, HAVA requires every state to implement a computerized statewide voter registration list maintained at the state level. This statewide voter registration list will serve as the official list of eligible voters for any federal election held within the state.
At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy many of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter. Discussions between the United States Department of Justice and the SOS led to the adoption of a memorandum of agreement (MOA) between the two parties. In that MOA, the SOS committed to further upgrades to the Calvoter system to achieve short term interim compliance with the requirements of HAVA, and to complete development and implementation of a longer term solution for replacing the Calvoter system with a new permanent statewide voter registration system. That new permanent system is commonly known as VoteCal.
After a number of delays, the VoteCal system is being developed, and has been rolled out in nine counties. VoteCal will continue to roll out to counties in waves, with the last counties scheduled to transition to VoteCal in March 2016. After the final wave is completed, the SOS will certify VoteCal as the system of record for voter registration information in California. The current project schedule provides for that certification to occur by June 2016.
The implementation of VoteCal will help streamline the voter registration process, including allowing voters to update their voter registration records seamlessly when they update their address with the Department of Motor Vehicles or with the state's Employment Development Department. VoteCal will also make it easier and more efficient for elections officials to do "list maintenance," including identifying and eliminating duplicate registrations, transferring a voter's record from one county to another when the voter moves, and canceling the registrations of individuals who are no longer eligible to vote.
As noted above, one of the HAVA requirements that the Calvoter system did not satisfy was a requirement that the state voter registration database have the capability of storing a complete voter registration history for every voter. This bill updates California law to ensure that when a California voter reregisters or transfers his or her registration from one precinct to another that the voter's registration history is maintained and updated in the state voter registration database, rather than requiring a voter's prior registration to be canceled. This change will ensure that the state's statutory processes for maintaining voter registration records is consistent with federal law and with the design of the VoteCal system.
VoteCal will include a number of new key features and upgrades from the Calvoter system, including the following:
A Publicly Available Website. VoteCal will provide improved service to the voters of California through a publicly available statewide customer service website. At the website, voters will be able to apply to register to vote or update their existing voter registration record. Voters will also be able to review information in their voter record, including their precinct and polling place, political party preference, eligibility to vote in an upcoming election, and status as a permanent vote-by-mail or one-time mail ballot voter.
In addition, voters using the public VoteCal website will be able to opt in or out of receiving physical copies of the Voter Information Guide and county sample ballots, and may instead request to receive the documents electronically. A voter will also be able to retrieve information from the new website about whether their vote-by-mail or provisional ballot is counted and, if it was not, the reason why it was not counted.
A Complete Index of Voter Registration Records. The most discussed portion of VoteCal is the statewide database, as required under HAVA, that the SOS and county elections officials will collectively use to manage the voter information for all Californians. VoteCal will store and maintain voter registration information for the voters of California in the 58 counties. Moreover, VoteCal will allow county elections officials to research a voter's registration, voter activity, and voter participation history, store voter affidavit and signature images, and much more.
A Single Place for List Maintenance Functions. As a central source for list maintenance functions, VoteCal will help ensure that the voter registration list is up-to-date and accurate. As part of list maintenance, VoteCal is designed to check for duplicate registrations, check registration records to ensure voters have not been convicted of a crime that would preclude them from voting, check for deceased voters, and accommodate immediate updates of voter registration data in a central system as it is entered by the counties.
Local Elections Official Assistance. VoteCal will work with county Election Management Systems (EMS) to help county elections officials set up and track their elections. VoteCal will be used to set up statewide elections, and VoteCal will interact with the county EMS to track election information such as a voter’s districts and precincts and their political party preference.
This bill incorporates multiple federal VoteCal requirements into voter registration and other related statutes by revising and repealing relevant Elections Code sections as necessary. These provisions were developed through collaboration between the SOS and county elections officials to identify statutory changes in preparation for implementing VoteCal, including the following:
Streamlining voter registration updates and voter file maintenance, so that voters' registrations are seamlessly updated using the real-time efficiencies of VoteCal.
Eliminating outdated references and procedures, including references to deputy registrars of voters and technology-specific references to obsolete registration systems, and requirements to maintain multiple paper copies of registration records.
Codifying language necessary to prescribe the new VoteCal system and procedures, including clarifying the roles of state and county elections officials.
Improving clarity in existing law by repealing code sections that are no longer used and are irrelevant to VoteCal.
Consolidating obsolete voter registration management statutes into fewer, more specific code sections.
Ensuring the continued protection for confidential voters and their personal information.Deputy Registrars of Voters: Until 1976, someone who wanted to register to vote in California was required to complete an affidavit of voter registration in the presence of a county elections official or a deputy elections official, with very limited exceptions. In order to ensure that there were ample opportunities for people to register to vote, the Elections Code established a process for individuals to be deputized to register qualified citizens to vote. Under current law, however, a person can register to vote online, by mail, or in person, and state law allows any person to register others to vote, without the need to be deputized by the county elections official.
In light of the changes in the way that voter registration is conducted, there is no longer a need to have a process for formally deputizing individuals to register others to vote. In fact, a person who is deputized to register voters pursuant to these provisions of existing law would have to comply with a number of outdated requirements, including a requirement to use voter registration forms that are bound into books or pads.
This bill deletes all language in the Elections Code related to deputy registrars, since that language causes significant confusion and is no longer relevant to voter registration in California.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (sponsor)
California Association of Clerks and Election Officials
Opposition
None on file.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094
AB 1020
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 1020
(Ridley-Thomas)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
38-1 |
(September 3, 2015) |
Original Committee Reference: E. & R.
SUMMARY: Updates key Elections Code statutes and deletes obsolete provisions in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
The Senate amendments delete the Assembly version of this bill, and instead:
Update numerous sections of the Elections Code and delete numerous obsolete sections in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Repeal references in law to deputy registrars of voters and make conforming changes to related provisions of law.
Delete various existing provisions of law regarding the timing of acceptance of affidavits of registration and consolidate these and other related code sections into a single section that consolidates deadlines for voter registration, re-registration, and updating of registrations that also reflects anticipation of the start of conditional voter registration.
Make corresponding changes to the process whereby specified voters may apply for and receive confidential voter status in anticipation of VoteCal.
Provide that a person who obtains signatures or other information collected for a political party qualification petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
Make conforming changes to state law relating to preregistration, under which a person who is at least 16 years of age can preregister to vote, with the registration becoming effective once that person is 18 years of age.
Correct incorrect cross-references and delete numerous obsolete provisions of law.
Provide that this bill becomes operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act (HAVA) of 2002.
Add double-jointing language to avoid chaptering problems with AB 477 (Mullin) and SB 589 (Block) of the current Legislative session.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: HAVA requires every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level. At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy all of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter.
In order to meet the statewide voter registration requirements outlined in HAVA, California made upgrades to the Calvoter system to achieve interim compliance while the state developed a new permanent statewide voter registration system. The new system, which is currently in development, is known as VoteCal. The VoteCal system is currently on track for full implementation in 2016.
This bill prepares for the deployment of the federally mandated VoteCal statewide voter registration database by updating key Elections Code statutes and deleting obsolete provisions of state law.
This bill was substantially amended in the Senate and the Assembly-approved provisions of this bill were deleted. This bill, as amended in the Senate, is inconsistent with Assembly actions.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0001976
AB 1020
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1020
Amended: 9/1/15 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Elections: voter registration
SOURCE: Secretary of State Alex Padilla
DIGEST: This bill updates key Elections Code statutes and deletes obsolete provisions in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Senate Floor Amendments of 9/1/15 add double-jointing language to avoid chaptering problems with SB 589 (Block) and AB 477 (Mullin) and also restore provisions relating to the verification of signatures to the version that was approved in policy committee.
Existing law:
Requires, pursuant to the federal Help America Vote Act (HAVA) of 2002, every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level.
Provides that a person is entitled to register 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 18 years of age at the time of the next registration.
Authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
Sets forth the deadlines by which county elections officials must accept affidavits of registration which is generally at all times except during the 14 days immediately preceding an election except under forthcoming provisions permitting “conditional” registration of voters in conjunction with provisional voting after this deadline up to and including Election Day.
Specifies that conditional voter registration as described above becomes operative on January 1 of the year following the year in which the Secretary of State (SOS) certifies that the state has a statewide voter registration database that complies with the requirements of HAVA. It is anticipated that this statewide voter database will become operative in 2016, therefore conditional voter registration will commence in 2017.
Permits specified voters to apply for and receive confidential voter status.
Provides that a person who obtains signatures or other information collected for an initiative, referendum, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
This bill:
Updates numerous sections of the Elections Code and deletes numerous obsolete sections in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Provides that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age but is not eligible to vote until he or she is 18 years of age and makes other conforming changes related thereto.
Deletes references in the code to deputy registrars of voters and makes conforming changes to related provisions of law.
Deletes various existing provisions of law regarding the timing of acceptance of affidavits of registration and consolidate these and other related code sections into a single section that consolidates deadlines for voter registration, re-registration, and updating of registrations that also reflects anticipation of the start of conditional voter registration.
Makes corresponding changes to the process whereby specified voters may apply for and receive confidential voter status in anticipation of VoteCal.
Provides, additionally, that a person who obtains signatures or other information collected for a political party qualification petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
Corrects incorrect cross-references and deletes numerous obsolete provisions of law.
Becomes operative only if the SOS certifies that the state has a statewide voter registration database that complies with HAVA.
Includes language to avoid chaptering problems with SB 589 (Block) and AB 477 (Mullin).
Background
VoteCal. HAVA requires every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level. At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy all of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter.
In order to meet the statewide voter registration requirements outlined in HAVA, California made upgrades to the Calvoter system to achieve interim compliance while the state developed a new permanent statewide voter registration system. The new system, which is currently in development, is known as VoteCal. The VoteCal system is currently on track for full implementation in 2016.
VoteCal will include a number of new key features and upgrades from the Calvoter system, including the following:
A Publicly Available Web site. VoteCal will provide improved service to the voters of California through a publicly available statewide customer service Web site. At the Web site, voters will be able to apply to register to vote or update their existing voter registration record. Voters will also be able to review information in their voter record, including: their precinct and polling place; political party preference; eligibility to vote in an upcoming election; and, status as a permanent vote-by-mail or one-time mail ballot voter.
In addition, voters using the public VoteCal Web site will be in a better position to take advantage of many lesser known election tools and services already on the books. They will be able to opt in or out of receiving physical copies of the Voter Information Guide and County Sample Ballots, and may instead request to receive the documents electronically. A voter will also be able to retrieve information from the new website about whether their vote-by-mail or provisional ballot is counted and, if it was not, the reason why it was not counted.
A Complete Index of Voter Registration Records. The most discussed portion of VoteCal is the statewide database, as required under HAVA, that the SOS and county elections officials will collectively use to manage the voter information for all Californians. VoteCal will store and maintain voter registration information for the voters of California in the 58 counties. Moreover, VoteCal will allow county elections officials to research a voter's registration, voter activity and voter participation history, store voter affidavit and signature images, and much more.
A Single Place for List Maintenance Functions. VoteCal offers much needed utility to state and local elections officials. As a central source for list maintenance functions, VoteCal ensures the voter registration list is up-to-date and accurate. As part of list maintenance, VoteCal is designed to check for duplicate registrations, check registration records to ensure voters have not been convicted of a crime that would preclude them from voting, check for deceased voters, and accommodate immediate updates of voter registration data in a central system as it is entered by the counties.
Local Elections Official Assistance. VoteCal will work with county Election Management Systems (EMS) to help county elections officials set up and track their elections. VoteCal will be used to set up statewide elections, and VoteCal will interact with the county EMS to track election information such as a voter’s districts and precincts and their political party preference. VoteCal will also allow voters to opt in or out of receiving the voter information guide and the county sample ballot.
This bill incorporates multiple federal VoteCal requirements into voter registration and other related statutes by revising and repealing relevant Elections Code sections as necessary. These provisions were developed through collaboration between the SOS and county elections officials in an ongoing process to identify statutory changes in preparation for implementing VoteCal, including the following:
Streamlining voter registration updates and voter file maintenance, so that voters’ registrations are seamlessly updated using the real-time efficiencies of VoteCal.
Eliminating outdated references and procedures, including references to deputy registrars of voters and to technology-specific references to obsolete registration systems, and requirements to maintain multiple paper copies of registration records.
Codifying language necessary to prescribe the new VoteCal system and procedures, including clarifying the roles of state and county elections officials.
Improving clarity in existing law by repealing code sections that are no longer used under the current system and irrelevant to VoteCal.
Consolidating obsolete voter registration management statutes into fewer, more specific code sections.
Ensuring the continued protection for confidential voters and their personal information.
Comments
According to the author, California is in the process of developing a new statewide voter registration system in order to fully comply with requirements in federal law. The new system, which is known as VoteCal, is currently on track for full implementation in 2016. While California must develop a statewide voter database pursuant to federal law, multiple state statutes must be changed to conform to federal requirements.
AB 1020 will ensure that the federally mandated VoteCal statewide voter registration database can be implemented effectively by updating key Elections Code statutes and deleting obsolete provisions.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Secretary of State Alex Padilla (source)
California Association of Clerks and Elections Officials
OPPOSITION: (Verified 8/17/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106
8/18/15 17:03:16
**** END ****
AB 1020
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1020
Amended: 8/17/15 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Elections: voter registration
SOURCE: Secretary of State Alex Padilla
DIGEST: This bill updates key Elections Code statutes and deletes obsolete provisions in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Existing law:
Requires, pursuant to the federal Help America Vote Act (HAVA) of 2002, every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level.
Provides that a person is entitled to register 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 18 years of age at the time of the next registration.
Authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
Sets forth the deadlines by which county elections officials must accept affidavits of registration which is generally at all times except during the 14 days immediately preceding an election except under forthcoming provisions permitting “conditional” registration of voters in conjunction with provisional voting after this deadline up to and including Election Day.
Specifies that conditional voter registration as described above becomes operative on January 1 of the year following the year in which the Secretary of State (SOS) certifies that the state has a statewide voter registration database that complies with the requirements of HAVA. It is anticipated that this statewide voter database will become operative in 2016, therefore conditional voter registration will commence in 2017.
Permits specified voters to apply for and receive confidential voter status.
Provides that a person who obtains signatures or other information collected for an initiative, referendum, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
This bill:
Updates numerous sections of the Elections Code and deletes numerous obsolete sections in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Provides that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age but is not eligible to vote until he or she is 18 years of age and makes other conforming changes related thereto.
Deletes references in the code to deputy registrars of voters and makes conforming changes to related provisions of law.
Deletes various existing provisions of law regarding the timing of acceptance of affidavits of registration and consolidate these and other related code sections into a single section that consolidates deadlines for voter registration, re-registration, and updating of registrations that also reflects anticipation of the start of conditional voter registration.
Makes corresponding changes to the process whereby specified voters may apply for and receive confidential voter status in anticipation of VoteCal.
Provides, additionally, that a person who obtains signatures or other information collected for a political party qualification petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
Corrects incorrect cross-references and deletes numerous obsolete provisions of law.
Becomes operative only if the SOS certifies that the state has a statewide voter registration database that complies with HAVA.
Background
VoteCal. HAVA requires every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level. At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy all of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter.
In order to meet the statewide voter registration requirements outlined in HAVA, California made upgrades to the Calvoter system to achieve interim compliance while the state developed a new permanent statewide voter registration system. The new system, which is currently in development, is known as VoteCal. The VoteCal system is currently on track for full implementation in 2016.
VoteCal will include a number of new key features and upgrades from the Calvoter system, including the following:
A Publicly Available Web site. VoteCal will provide improved service to the voters of California through a publicly available statewide customer service Web site. At the Web site, voters will be able to apply to register to vote or update their existing voter registration record. Voters will also be able to review information in their voter record, including: their precinct and polling place; political party preference; eligibility to vote in an upcoming election; and, status as a permanent vote-by-mail or one-time mail ballot voter.
In addition, voters using the public VoteCal Web site will be in a better position to take advantage of many lesser known election tools and services already on the books. They will be able to opt in or out of receiving physical copies of the Voter Information Guide and County Sample Ballots, and may instead request to receive the documents electronically. A voter will also be able to retrieve information from the new website about whether their vote-by-mail or provisional ballot is counted and, if it was not, the reason why it was not counted.
A Complete Index of Voter Registration Records. The most discussed portion of VoteCal is the statewide database, as required under HAVA, that the SOS and county elections officials will collectively use to manage the voter information for all Californians. VoteCal will store and maintain voter registration information for the voters of California in the 58 counties. Moreover, VoteCal will allow county elections officials to research a voter's registration, voter activity and voter participation history, store voter affidavit and signature images, and much more.
A Single Place for List Maintenance Functions. VoteCal offers much needed utility to state and local elections officials. As a central source for list maintenance functions, VoteCal ensures the voter registration list is up-to-date and accurate. As part of list maintenance, VoteCal is designed to check for duplicate registrations, check registration records to ensure voters have not been convicted of a crime that would preclude them from voting, check for deceased voters, and accommodate immediate updates of voter registration data in a central system as it is entered by the counties.
Local Elections Official Assistance. VoteCal will work with county Election Management Systems (EMS) to help county elections officials set up and track their elections. VoteCal will be used to set up statewide elections, and VoteCal will interact with the county EMS to track election information such as a voter’s districts and precincts and their political party preference. VoteCal will also allow voters to opt in or out of receiving the voter information guide and the county sample ballot.
This bill incorporates multiple federal VoteCal requirements into voter registration and other related statutes by revising and repealing relevant Elections Code sections as necessary. These provisions were developed through collaboration between the SOS and county elections officials in an ongoing process to identify statutory changes in preparation for implementing VoteCal, including the following:
Streamlining voter registration updates and voter file maintenance, so that voters’ registrations are seamlessly updated using the real-time efficiencies of VoteCal.
Eliminating outdated references and procedures, including references to deputy registrars of voters and to technology-specific references to obsolete registration systems, and requirements to maintain multiple paper copies of registration records.
Codifying language necessary to prescribe the new VoteCal system and procedures, including clarifying the roles of state and county elections officials.
Improving clarity in existing law by repealing code sections that are no longer used under the current system and irrelevant to VoteCal.
Consolidating obsolete voter registration management statutes into fewer, more specific code sections.
Ensuring the continued protection for confidential voters and their personal information.
Comments
According to the author, California is in the process of developing a new statewide voter registration system in order to fully comply with requirements in federal law. The new system, which is known as VoteCal, is currently on track for full implementation in 2016. While California must develop a statewide voter database pursuant to federal law, multiple state statutes must be changed to conform to federal requirements.
AB 1020 will ensure that the federally mandated VoteCal statewide voter registration database can be implemented effectively by updating key Elections Code statutes and deleting obsolete provisions.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Secretary of State Alex Padilla (source)
California Association of Clerks and Elections Officials
OPPOSITION: (Verified 8/17/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106
8/18/15 17:03:16
AB 1020 (Ridley-Thomas) Page 5 of 5
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 1020 Hearing Date: 7/7/15
Author: |
Ridley-Thomas |
||
Version: |
7/1/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Darren Chesin |
||
Subject: Elections: voter registration
DIGEST
This bill updates key Elections Code statutes and deletes obsolete provisions in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
ANALYSIS
Existing law:
Requires, pursuant to the federal Help America Vote Act (HAVA) of 2002, every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level.
Provides that a person is entitled to register 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 18 years of age at the time of the next registration.
Authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.
Sets forth the deadlines by which county elections officials must accept affidavits of registration which is generally at all times except during the 14 days immediately preceding an election except under forthcoming provisions permitting “conditional” registration of voters in conjunction with provisional voting after this deadline up to and including Election Day.
Specifies that conditional voter registration as described above becomes operative on January 1 of the year following the year in which the Secretary of State (SOS) certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. It is anticipated that this statewide voter database will become operative in 2016, therefore conditional voter registration will commence in 2017.
Permits specified voters to apply for and receive confidential voter status.
Provides that a person who obtains signatures or other information collected for an initiative, referendum, or recall petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
This bill:
Updates numerous sections of the Elections Code and deletes numerous obsolete sections in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.
Provides that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age but is not eligible to vote until he or she is 18 years of age and makes other conforming changes related thereto.
Deletes references in the code to deputy registrars of voters and makes conforming changes to related provisions of law.
Deletes various existing provisions of law regarding the timing of acceptance of affidavits of registration and consolidate these and other related code sections into a single section that consolidates deadlines for voter registration, re-registration, and updating of registrations that also reflects anticipation of the start of conditional voter registration.
Makes corresponding changes to the process whereby specified voters may apply for and receive confidential voter status in anticipation of VoteCal.
Additionally provides that a person who obtains signatures or other information collected for a political party qualification petition shall not send that information outside of the United States or make it available in any way electronically to persons outside the United States, including, but not limited to, access over the Internet.
Corrects incorrect cross-references and deletes numerous obsolete provisions of law.
Becomes operative only if the SOS certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.(HAVA)
BACKGROUND
VoteCal. HAVA requires every state to implement a computerized statewide voter registration list defined, maintained, and administered at the state level. At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy all of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter.
In order to meet the statewide voter registration requirements outlined in HAVA, California made upgrades to the Calvoter system to achieve interim compliance while the state developed a new permanent statewide voter registration system. The new system, which is currently in development, is known as VoteCal. The VoteCal system is currently on track for full implementation in 2016.
VoteCal will include a number of new key features and upgrades from the Calvoter system, including the following:
A Publicly Available Website. VoteCal will provide improved service to the voters of California through a publicly available statewide customer service website. At the website, voters will be able to apply to register to vote or update their existing voter registration record. Voters will also be able to review information in their voter record, including: their precinct and polling place; political party preference; eligibility to vote in an upcoming election; and, status as a permanent vote-by-mail or one-time mail ballot voter.
In addition, voters using the public VoteCal website will be in a better position to take advantage of many lesser known election tools and services already on the books. They will be able to opt in or out of receiving physical copies of the Voter Information Guide and County Sample Ballots, and may instead request to receive the documents electronically. A voter will also be able to retrieve information from the new website about whether their vote-by-mail or provisional ballot is counted and, if it was not, the reason why it was not counted.
A Complete Index of Voter Registration Records. The most discussed portion of VoteCal is the statewide database, as required under HAVA, that the SOS and county elections officials will collectively use to manage the voter information for all Californians. VoteCal will store and maintain voter registration information for the voters of California in the 58 counties. Moreover, VoteCal will allow county elections officials to research a voter's registration, voter activity and voter participation history, store voter affidavit and signature images, and much more.
A Single Place for List Maintenance Functions. VoteCal offers much needed utility to state and local elections officials. As a central source for list maintenance functions, VoteCal ensures the voter registration list is up-to-date and accurate. As part of list maintenance, VoteCal is designed to check for duplicate registrations, check registration records to ensure voters have not been convicted of a crime that would preclude them from voting, check for deceased voters, and accommodate immediate updates of voter registration data in a central system as it is entered by the counties.
Local Elections Official Assistance. VoteCal will work with county Election Management Systems (EMS) to help county elections officials set up and track their elections. VoteCal will be used to set up statewide elections, and VoteCal will interact with the county EMS to track election information such as a voter’s districts and precincts and their political party preference. VoteCal will also allow voters to opt in or out of receiving the voter information guide and the county sample ballot.
This bill incorporates multiple federal VoteCal requirements into voter registration and other related statutes by revising and repealing relevant Elections Code sections as necessary. These provisions were developed through collaboration between the SOS and county elections officials in an ongoing process to identify statutory changes in preparation for implementing VoteCal, including the following:
Streamlining voter registration updates and voter file maintenance, so that voters' registrations are seamlessly updated using the real-time efficiencies of VoteCal.
Eliminating outdated references and procedures, including references to deputy registrars of voters and to technology-specific references to obsolete registration systems, and requirements to maintain multiple paper copies of registration records.
Codifying language necessary to prescribe the new VoteCal system and procedures, including clarifying the roles of state and county elections officials.
Improving clarity in existing law by repealing code sections that are no longer used under the current system and irrelevant to VoteCal.
Consolidating obsolete voter registration management statutes into fewer, more specific code sections.
Ensure the continued protection for confidential voters and their personal information.
COMMENTS
According to the author: California is in the process of developing a new statewide voter registration system in order to fully comply with requirements in federal law. The new system, which is known as VoteCal, is currently on track for full implementation in 2016. While California must develop a statewide voter database pursuant to federal law, multiple state statutes must be changed to conform to federal requirements.
AB 1020 will ensure that the federally mandated VoteCal statewide voter registration database can be implemented effectively by updating key Elections Code statutes and deleting obsolete provisions.
PRIOR ACTION
Assembly Floor: |
74 - 0 |
Assembly Elections and Redistricting Committee: |
7 - 0 |
Note: This bill was completely rewritten in the Senate therefore the Assembly votes do not reflect the current version of this bill.
POSITIONS
Sponsor: Secretary of State Alex Padilla
Support: None received
Oppose: None received
-- END --
AB 1020
Page 3
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 1020
(Ridley-Thomas) – As Introduced February 26, 2015
SUBJECT: Elections: voter registration.
SUMMARY: Requires, when a voter reregisters or transfers his or her registration from one precinct to another, for the voter's address to be updated and the voter's former address to be maintained with the voter's registration record.
EXISTING LAW:
Requires an elections official, when a voter reregisters or transfers his or her registration from one precinct to another, to enter the voter's former address in the prior registration portion of the voter registration affidavit, and to cancel the voter's former registration.
Requires each state, pursuant to the federal Help America Vote Act of 2002 (HAVA), to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Purpose of the Bill: According to the author:
California is in the process of developing a new statewide voter
registration system in order to fully comply with requirements in
federal law. The new system, which is known as VoteCal, is currently
on track for full implementation in 2016. While California must
develop a statewide voter database pursuant to federal law, multiple
state statutes must be changed to conform to federal
requirements.
AB 1020 will ensure that the federally
mandated VoteCal statewide voter registration database can be
implemented effectively by updating key Elections Code statutes and
deleting obsolete provisions.
VoteCal and HAVA Requirements: On October 29, 2002, President George W. Bush signed HAVA. Enacted partially in response to the 2000 Presidential election, HAVA was designed to improve the administration of federal elections. Among other provisions, HAVA requires every state to implement a computerized statewide voter registration list maintained at the state level. This statewide voter registration list will serve as the official list of eligible voters for any federal election held within the state.
At the time HAVA was approved, California was already using a statewide voter registration system, known as Calvoter, which achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy many of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter. Discussions between the United States Department of Justice and the Secretary of State (SOS) led to the adoption of a memorandum of agreement (MOA) between the two parties. In that MOA, the SOS committed to further upgrades to the Calvoter system to achieve short term interim compliance with the requirements of HAVA, and to complete development and implementation of a longer term solution for replacing the Calvoter system with a new permanent statewide voter registration system. That new permanent system is commonly known as VoteCal.
After a number of delays, the VoteCal system is being developed and is currently in testing. The system is scheduled to be rolled out to five counties this July as a pilot, and if VoteCal is operating as anticipated, it will then be deployed to the remaining 53 counties in six waves between October 2015 and March 2016. After the final wave is completed, the SOS will certify VoteCal as the system of record for voter registration information in California. The current project schedule provides for that certification to occur by June 2016.
The implementation of VoteCal will help streamline the voter registration process, including allowing voters to update their voter registration records seamlessly when they update their address with the Department of Motor Vehicles or with the state's Employment Development Department. VoteCal will also make it easier and more efficient for elections officials to do "list maintenance," including identifying and eliminating duplicate registrations, transferring a voter's record from one county to another when the voter moves, and canceling the registrations of individuals who are no longer eligible to vote.
As noted above, one of the HAVA requirements that the Calvoter system did not satisfy was a requirement that the state voter registration database have the capability of storing a complete voter registration history for every voter. This bill updates California law to ensure that when a California voter reregisters or transfers his or her registration from one precinct to another that the voter's registration history is maintained and updated in the state voter registration database, rather than requiring a voter's prior registration to be canceled. This change will ensure that the state's statutory processes for maintaining voter registration records is consistent with federal law and with the design of the VoteCal system.
Since the procurement process for VoteCal began, a number of bills have been enacted that are tied to the implementation of the VoteCal system. Specifically, legislation to authorize election day voter registration (AB 1436 (Feuer), Chapter 497, Statutes of 2012), to allow for preregistration of 16- and 17-year-olds (AB 30 (Price), Chapter 364, Statutes of 2009 and SB 113 (Jackson), Chapter 619, Statutes of 2014), and to allow for voters to opt to receive certain election materials electronically (AB 306 (Fuller), Chapter 98, Statutes of 2009 and SB 1253 (Steinberg), Chapter 697, Statutes of 2014) all will not go into effect until after the SOS certifies that the VoteCal system is operational. Additionally, AB 1461 (Gonzalez) of the current legislative session, which provides for every person who has a driver's license or state identification card and who is eligible to register to vote to be automatically registered to vote, unless that person opts out, as specified, was amended in this committee to provide that voters would not be registered to vote pursuant to the provisions of that bill until after VoteCal is operational.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (sponsor)
Opposition
None on file.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094
Discussed in Hearing
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Bill Author
Bill Co-Author(s):