SB 589: Voting: voter registration: individuals with disabilities and conservatees.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-10
(1)Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrants precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiants name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.
This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.
(2)Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the persons county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the persons capability of completing an affidavit of voter registration and, if the conservatees capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the persons county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatees capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.
(3)Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.
This bill would require the court clerks citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.
(4)This bill would also make technical, nonsubstantive changes to these provisions.
(5)This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by AB 1461, that would become operative only if AB 1461 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrants precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiants name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.
This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.
(2)Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the persons county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the persons capability of completing an affidavit of voter registration and, if the conservatees capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the persons county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatees capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.
(3)Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.
This bill would require the court clerks citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.
(4)This bill would also make technical, nonsubstantive changes to these provisions.
(5)This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by AB 1461, that would become operative only if AB 1461 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrants precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiants name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.
This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.
(2)Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the persons county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the persons capability of completing an affidavit of voter registration and, if the conservatees capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the persons county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatees capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.
(3)Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.
This bill would require the court clerks citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.
(4)This bill would also make technical, nonsubstantive changes to these provisions.
(5)This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by AB 1461, that would become operative only if AB 1461 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(5)
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrants precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiants name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.
This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.
(2)Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the persons county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the persons capability of completing an affidavit of voter registration and, if the conservatees capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the persons county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatees capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.
(3)Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.
This bill would require the court clerks citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.
(4)This bill would also make technical, nonsubstantive changes to these provisions.
(5)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.
(1)Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrants precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiants name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.
This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.
(2)Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the persons county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the persons capability of completing an affidavit of voter registration and, if the conservatees capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the persons county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatees capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.
(3)Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.
This bill would require the court clerks citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.
(4)This bill would also make technical, nonsubstantive changes to these provisions.
(5)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.
Existing law regulates the terms and conditions of conservatorships and requires a court investigator, among other things, to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration, as specified, and may be disqualified from voting.
This bill would further specify that the court investigator is required to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration with or without appropriate assistance.
Existing law regulates the terms and conditions of conservatorships and requires a court investigator, among other things, to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration, as specified, and may be disqualified from voting.
This bill would further specify that the court investigator is required to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration with or without appropriate assistance.
The Legislature finds and declares that federal disability nondiscrimination laws, including Title II of the federal Americans with Disabilities Act of 1990 (Public Law 101-336), entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. The Legislature further finds and declares that by explicitly adding the concept of reasonable accommodation to California laws on voter qualification, this act brings the state into compliance with federal standards.
SEC. 2.Section 2102 of the Elections Code, as amended by Section 5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(e)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.5.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 4.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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 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 if the affiant has been registered at another address, under another name, or as preferring another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party.
(b)The affiant shall certify the content of the affidavit of registration as to its truthfulness and correctness, under penalty of perjury, with the signature of his or her name and the date of signing. If the affiant is unable to write he or she shall sign with a mark or cross. An affiant who is an individual with a disability may complete the affidavit with reasonable accommodations as needed.
(c)The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant may not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d)If a person, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 4.5.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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. 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, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 5.5.Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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. 6.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2)A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3)A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the 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 county elections official of the persons county of residence.
(d)A person shall not be disqualified from voting pursuant to this section on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 6.5.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2)A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3)A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the 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. 7.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(b)If the person had been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the county elections official.
(c)If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the county elections official.
SEC. 7.5.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the 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. 8.Section 1823 of the Probate Code is amended to read:1823.(a)If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b)The citation shall state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
(1)The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2)Such adjudication may affect or transfer to the conservator the proposed conservatees right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The court or a court investigator will explain the nature, purpose, and effect of the proceeding to the proposed conservatee and will answer questions concerning the explanation.
(5)The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6)The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel.
(7)The proposed conservatee has the right to a jury trial if desired.
SEC. 9.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Mail, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 10.Section 1828 of the Probate Code is amended to read:1828.(a)Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following:
(1)The nature and purpose of the proceeding.
(2)The establishment of a conservatorship is a legal adjudication of the conservatees inability to properly provide for the conservatees personal needs or to manage the conservatees own financial resources, or both, depending on the allegations made and the determinations requested in the petition, and the effect of such an adjudication on the conservatees basic rights.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The identity of the proposed conservator.
(5)The nature and effect on the conservatees basic rights of any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, the specific effects of each limitation requested in such order.
(6)The proposed conservatee has the right to oppose the proceeding, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(b)After the court so informs the proposed conservatee and before the establishment of the conservatorship, the court shall consult the proposed conservatee to determine the proposed conservatees opinion concerning all of the following:
(1)The establishment of the conservatorship.
(2)The appointment of the proposed conservator.
(3)Any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, of each limitation requested in such order.
(c)This section does not apply where both of the following conditions are satisfied:
(1)The proposed conservatee is absent from the hearing and is not required to attend the hearing under subdivision (a) of Section 1825.
(2)Any showing required by Section 1825 has been made.
SEC. 11.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the present conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be mailed to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be mailed to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the mailing will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the present conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 12.Section 1910 of the Probate Code is amended to read:1910.(a)If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code.
(b)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 13.(a)Section 3.5 of this bill incorporates amendments to Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, proposed by both this bill and Assembly Bill 1461. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill is enacted after Assembly Bill 1461, in which case Section 3 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 4 of this bill shall not become operative.
(c)Section 5.5 of this bill incorporates amendments to Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 5 of this bill shall not become operative.
(d)Section 6.5 of this bill incorporates amendments to Section 2208 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2208 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 6 of this bill shall not become operative.
(e)Section 7.5 of this bill incorporates amendments to Section 2209 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2209 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 7 of this bill shall not become operative.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article 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 implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that federal disability nondiscrimination laws, including Title II of the federal Americans with Disabilities Act of 1990 (Public Law 101-336), entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. The Legislature further finds and declares that by explicitly adding the concept of reasonable accommodation to California laws on voter qualification, this act brings the state into compliance with federal standards.
SEC. 2.Section 2102 of the Elections Code, as amended by Section 5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(e)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.5.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 4.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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 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 if the affiant has been registered at another address, under another name, or as preferring another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party.
(b)The affiant shall certify the content of the affidavit of registration as to its truthfulness and correctness, under penalty of perjury, with the signature of his or her name and the date of signing. If the affiant is unable to write he or she shall sign with a mark or cross. An affiant who is an individual with a disability may complete the affidavit with reasonable accommodations as needed.
(c)The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant may not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d)If a person, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 4.5.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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. 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, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 5.5.Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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. 6.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2)A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3)A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the 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 county elections official of the persons county of residence.
(d)A person shall not be disqualified from voting pursuant to this section on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 6.5.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2)A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3)A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the 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. 7.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(b)If the person had been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the county elections official.
(c)If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the county elections official.
SEC. 7.5.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the 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. 8.Section 1823 of the Probate Code is amended to read:1823.(a)If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b)The citation shall state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
(1)The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2)Such adjudication may affect or transfer to the conservator the proposed conservatees right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The court or a court investigator will explain the nature, purpose, and effect of the proceeding to the proposed conservatee and will answer questions concerning the explanation.
(5)The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6)The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel.
(7)The proposed conservatee has the right to a jury trial if desired.
SEC. 9.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Mail, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 10.Section 1828 of the Probate Code is amended to read:1828.(a)Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following:
(1)The nature and purpose of the proceeding.
(2)The establishment of a conservatorship is a legal adjudication of the conservatees inability to properly provide for the conservatees personal needs or to manage the conservatees own financial resources, or both, depending on the allegations made and the determinations requested in the petition, and the effect of such an adjudication on the conservatees basic rights.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The identity of the proposed conservator.
(5)The nature and effect on the conservatees basic rights of any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, the specific effects of each limitation requested in such order.
(6)The proposed conservatee has the right to oppose the proceeding, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(b)After the court so informs the proposed conservatee and before the establishment of the conservatorship, the court shall consult the proposed conservatee to determine the proposed conservatees opinion concerning all of the following:
(1)The establishment of the conservatorship.
(2)The appointment of the proposed conservator.
(3)Any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, of each limitation requested in such order.
(c)This section does not apply where both of the following conditions are satisfied:
(1)The proposed conservatee is absent from the hearing and is not required to attend the hearing under subdivision (a) of Section 1825.
(2)Any showing required by Section 1825 has been made.
SEC. 11.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the present conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be mailed to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be mailed to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the mailing will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the present conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 12.Section 1910 of the Probate Code is amended to read:1910.(a)If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code.
(b)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 13.(a)Section 3.5 of this bill incorporates amendments to Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, proposed by both this bill and Assembly Bill 1461. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill is enacted after Assembly Bill 1461, in which case Section 3 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 4 of this bill shall not become operative.
(c)Section 5.5 of this bill incorporates amendments to Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 5 of this bill shall not become operative.
(d)Section 6.5 of this bill incorporates amendments to Section 2208 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2208 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 6 of this bill shall not become operative.
(e)Section 7.5 of this bill incorporates amendments to Section 2209 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2209 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 7 of this bill shall not become operative.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article 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 implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that federal disability nondiscrimination laws, including Title II of the federal American Americans with Disabilities Act of 1990 (Public Law 101-336), entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. The Legislature further finds and declares that by explicitly adding the concept of reasonable accommodation to California laws on voter qualification, this act brings the state into compliance with federal standards.
SEC. 2.Section 2102 of the Elections Code, as amended by Section 5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(e)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.5.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day prior to before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 (52 U.S.C. Sec. 1973gg 20501 et seq.) on or before the 15th day prior to before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraph paragraphs (1) and (2) on or before the 15th day prior to before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date prior to before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 4.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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 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 if the affiant has been registered at another address, under another name, or as preferring another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party.
(b)The affiant shall certify the content of the affidavit of registration as to its truthfulness and correctness, under penalty of perjury, with the signature of his or her name and the date of signing. If the affiant is unable to write he or she shall sign with a mark or cross. An affiant who is an individual with a disability may complete the affidavit with reasonable accommodations as needed.
(c)The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant may not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d)If a person, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 4.5.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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. 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, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 5.5.Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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. 6.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2)A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3)A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the 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 county elections official of the persons county of residence.
(d)A person shall not be disqualified from voting pursuant to this section on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 6.5.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person 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. 7.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(b)If the person had been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the county elections official.
(c)If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the county elections official.
SEC. 7.5.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the 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. 8.Section 1823 of the Probate Code is amended to read:1823.(a)If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b)The citation shall state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
(1)The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2)Such adjudication may affect or transfer to the conservator the proposed conservatees right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The court or a court investigator will explain the nature, purpose, and effect of the proceeding to the proposed conservatee and will answer questions concerning the explanation.
(5)The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6)The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel.
(7)The proposed conservatee has the right to a jury trial if desired.
SEC. 9.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Mail, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 10.Section 1828 of the Probate Code is amended to read:1828.(a)Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following:
(1)The nature and purpose of the proceeding.
(2)The establishment of a conservatorship is a legal adjudication of the conservatees inability to properly provide for the conservatees personal needs or to manage the conservatees own financial resources, or both, depending on the allegations made and the determinations requested in the petition, and the effect of such an adjudication on the conservatees basic rights.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The identity of the proposed conservator.
(5)The nature and effect on the conservatees basic rights of any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, the specific effects of each limitation requested in such order.
(6)The proposed conservatee has the right to oppose the proceeding, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(b)After the court so informs the proposed conservatee and before the establishment of the conservatorship, the court shall consult the proposed conservatee to determine the proposed conservatees opinion concerning all of the following:
(1)The establishment of the conservatorship.
(2)The appointment of the proposed conservator.
(3)Any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, of each limitation requested in such order.
(c)This section does not apply where both of the following conditions are satisfied:
(1)The proposed conservatee is absent from the hearing and is not required to attend the hearing under subdivision (a) of Section 1825.
(2)Any showing required by Section 1825 has been made.
SEC. 11.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the present conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be mailed to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be mailed to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the mailing will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the present conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 12.Section 1910 of the Probate Code is amended to read:1910.(a)If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code.
(b)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 13.(a)Section 3.5 of this bill incorporates amendments to Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, proposed by both this bill and Assembly Bill 1461. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill is enacted after Assembly Bill 1461, in which case Section 3 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 4 of this bill shall not become operative.
(c)Section 5.5 of this bill incorporates amendments to Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2150 of the Elections Code, as amended by Section 3 of Chapter 619 of the Statutes of 2014, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 5 of this bill shall not become operative.
(d)Section 6.5 of this bill incorporates amendments to Section 2208 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2208 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 6 of this bill shall not become operative.
(e)Section 7.5 of this bill incorporates amendments to Section 2209 of the Elections Code proposed by both this bill and Assembly Bill 1020. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 2209 of the Elections Code, and (3) this bill is enacted after Assembly Bill 1020, in which case Section 7 of this bill shall not become operative.
SEC. 13.SEC. 14.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 implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that federal disability nondiscrimination laws, including Title II of the federal American with Disabilities Act, Act of 1990 (Public Law 101-336), entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. The Legislature further finds and declares that by explicitly adding the concept of reasonable accommodation to California laws on voter qualification, this act brings the state into compliance with federal standards.
SEC. 2.Section 2102 of the Elections Code, as amended by Section 5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(e)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 4.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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 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. 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, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 5.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 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. 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, including a deputy registrar, assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 6.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2)A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3)A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the 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 cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.
(c)If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the county elections official of the persons county of residence.
(d)A person shall not be disqualified from voting pursuant to this section on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 7.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of 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 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 is capable 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 county elections official.
(2)If the investigator finds that the person is 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 county elections official.
(c)If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the county elections official.
SEC. 8.Section 1823 of the Probate Code is amended to read:1823.(a)If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b)The citation shall include a statement of state the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
(1)The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2)Such adjudication may affect or transfer to the conservator the proposed conservatees right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The court or a court investigator will explain the nature, purpose, and effect of the proceeding to the proposed conservatee and will answer questions concerning the explanation.
(5)The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6)The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel.
(7)The proposed conservatee has the right to a jury trial if desired.
SEC. 9.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine whether if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Mail, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing will result in harm to harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 10.Section 1828 of the Probate Code is amended to read:1828.(a)Except as provided in subdivision (c), before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following:
(1)The nature and purpose of the proceeding.
(2)The establishment of a conservatorship is a legal adjudication of the conservatees inability properly to to properly provide for the conservatees personal needs or to manage the conservatees own financial resources, or both, depending on the allegations made and the determinations requested in the petition, and the effect of such an adjudication on the conservatees basic rights.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The identity of the proposed conservator.
(5)The nature and effect on the conservatees basic rights of any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, the specific effects of each limitation requested in such order.
(6)The proposed conservatee has the right to oppose the proceeding, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(b)After the court so informs the proposed conservatee and before the establishment of the conservatorship, the court shall consult the proposed conservatee to determine the proposed conservatees opinion concerning all of the following:
(1)The establishment of the conservatorship.
(2)The appointment of the proposed conservator.
(3)Any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, of each limitation requested in such order.
(c)This section does not apply where both of the following conditions are satisfied:
(1)The proposed conservatee is absent from the hearing and is not required to attend the hearing under subdivision (a) of Section 1825.
(2)Any showing required by Section 1825 has been made.
SEC. 11.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the present conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be mailed to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be mailed to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the mailing will result in harm to harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall make a recommendation regarding the continuation or termination of recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the present conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 12.Section 1910 of the Probate Code is amended to read:1910.(a)If the court determines the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code.
(b)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 13.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 implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares that federal disability nondiscrimination laws, including Title II of the federal American with Disabilities Act, entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. The Legislature further finds and declares that by explicitly adding the concept of reasonable accommodation to California laws on voter qualification, this act brings the state into compliance with federal standards.
SEC. 2.Section 2102 of the Elections Code, as amended by Section 5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person may shall not be registered as a voter except by affidavit of registration. The affidavit shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day prior to before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day prior to before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date prior to before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(e)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 3.Section 2102 of the Elections Code, as amended by Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to read:2102.(a)A person shall not be registered as a voter except by affidavit of registration. The affidavit shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day prior to before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day prior to before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraph paragraphs (1) and (2) on or before the 15th day prior to before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date prior to before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 4.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The 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 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 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 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 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 a person, including a deputy registrar, 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. 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 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 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 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 he or she shall sign with a mark or cross. An affiant who is an individual with a disability may complete the affidavit with reasonable accommodations as needed.
(c)The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant shall not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d)If a person, including a deputy registrar, assists the affiant in completing the affidavit, 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. 6.Section 2208 of the Elections Code is amended to read:2208.(a)A person is presumed competent to vote regardless of his or her conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 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 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 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 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.
(d)A person shall not be disqualified from voting pursuant to this section on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 7.Section 2209 of the Elections Code is amended to read:2209.(a)For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the 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 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 whether if the person has become capable of completing the affidavit in accordance with Section 2150 and subdivision (d) of Section 2208, is capable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, 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, 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.
(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, 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 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.
SEC. 8.Section 1823 of the Probate Code is amended to read:1823.(a)If the petition is filed by a person other than the proposed conservatee, the clerk shall issue a citation directed to the proposed conservatee setting forth the time and place of hearing.
(b)The citation shall include a statement of the legal standards by which the need for a conservatorship is adjudged as stated in Section 1801 and shall state the substance of all of the following:
(1)The proposed conservatee may be adjudged unable to provide for personal needs or to manage financial resources and, by reason thereof, a conservator may be appointed for the person or estate, or both.
(2)Such adjudication may affect or transfer to the conservator the proposed conservatees right to contract, in whole or in part, to manage and control property, to give informed consent for medical treatment, and to fix a residence.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code. incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The court or a court investigator will explain the nature, purpose, and effect of the proceeding to the proposed conservatee and will answer questions concerning the explanation.
(5)The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator.
(6)The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel.
(7)The proposed conservatee has the right to a jury trial if desired.
SECTION 1.SEC. 9.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(a)
(1)Conduct the following interviews:
(1)
(A)The proposed conservatee personally.
(2)
(B)All petitioners and all proposed conservators who are not petitioners.
(3)
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(4)
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under paragraph (3), subparagraph (C), neighbors, and, if known, close friends.
(b)
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)
(3)Determine whether if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(d)
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(1)
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(2)
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(e)
(5)Determine whether if the proposed conservatee wishes to contest the establishment of the conservatorship.
(f)
(6)Determine whether if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(g)
(7)Determine whether if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(h)(1)
(8)(A)Determine whether if the proposed conservatee is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code, with or without appropriate assistance, incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(2)
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(A)
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(B)
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(C)
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(i)
(9)If the proposed conservatee has not retained legal counsel, determine whether if the proposed conservatee desires the court to appoint legal counsel.
(j)
(10)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in any a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(k)
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(1)
(A)Representation by legal counsel.
(2)Whether
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefer prefers that another person act as conservator.
(l)
(12)Mail, at least five days before the hearing, a copy of the report referred to in subdivision (k) paragraph (11) to all of the following:
(1)
(A)The attorney, if any, for the petitioner.
(2)
(B)The attorney, if any, for the proposed conservatee.
(3)
(C)The proposed conservatee.
(4)
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing will result in harm to the conservatee.
(5)
(E)Any other persons as the court orders.
(m)
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(n)
(c)The report required by this section is confidential and shall be made available only to parties, persons described in subdivision (l), paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(o)
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or one a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(p)
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(q)Any
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(r)
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996. 1996 (Public Law 104-191).
(s)
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 10.Section 1828 of the Probate Code is amended to read:1828.(a)Except as provided in subdivision (c), prior to before the establishment of a conservatorship of the person or estate, or both, the court shall inform the proposed conservatee of all of the following:
(1)The nature and purpose of the proceeding.
(2)The establishment of a conservatorship is a legal adjudication of the conservatees inability properly to provide for the conservatees personal needs or to manage the conservatees own financial resources, or both, depending on the allegations made and the determinations requested in the petition, and the effect of such an adjudication on the conservatees basic rights.
(3)(A)The proposed conservatee may be disqualified from voting pursuant to Section 2208 of the Elections Code if he or she is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code. incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(4)The identity of the proposed conservator.
(5)The nature and effect on the conservatees basic rights of any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, the specific effects of each limitation requested in such order.
(6)The proposed conservatee has the right to oppose the proceeding, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(b)After the court so informs the proposed conservatee and prior to before the establishment of the conservatorship, the court shall consult the proposed conservatee to determine the proposed conservatees opinion concerning all of the following:
(1)The establishment of the conservatorship.
(2)The appointment of the proposed conservator.
(3)Any order requested under Chapter 4 (commencing with Section 1870), and in the case of an allegedly developmentally disabled adult, of each limitation requested in such order.
(c)This section does not apply where both of the following conditions are satisfied:
(1)The proposed conservatee is absent from the hearing and is not required to attend the hearing under subdivision (a) of Section 1825.
(2)Any showing required by Section 1825 has been made.
SEC. 11.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)Whether If the conservatee wishes to petition the court for termination of the conservatorship.
(B)Whether If the conservatee is still in need of the conservatorship.
(C)Whether If the present conservator is acting in the best interests of the conservatee. In determining whether if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)Whether the conservatee is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine whether if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days prior to before the date of review. A copy of the report shall be mailed to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be mailed to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the mailing will result in harm to the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall make a recommendation regarding the continuation or termination of the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine whether if the present conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall make provision for limiting limit disclosure of the report exclusively to persons entitled thereto to the report under this section.
(f)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2007.
(g)
(f)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 12.Section 1910 of the Probate Code is amended to read:1910.(a)If the court determines the conservatee is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code, incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code.
(b)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(2)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(3)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(4)Completes the affidavit of voter registration with reasonable accommodations.
SEC. 13.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 implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(a)Conduct the following interviews:
(1)The proposed conservatee personally.
(2)All petitioners and all proposed conservators who are not petitioners.
(3)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(4)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under paragraph (3), neighbors, and, if known, close friends.
(b)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(d)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(1)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(2)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(e)Determine whether the proposed conservatee wishes to contest the establishment of the conservatorship.
(f)Determine whether the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(g)Determine whether the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(h)(1)Determine whether the proposed conservatee is not capable of completing an affidavit of voter registration in accordance with Section 2150 of the Elections Code Code, with or without appropriate assistance, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(2)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(A)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(B)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(C)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(i)If the proposed conservatee has not retained legal counsel, determine whether the proposed conservatee desires the court to appoint legal counsel.
(j)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in any case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(k)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(1)Representation by legal counsel.
(2)Whether the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefer that another person act as conservator.
(l)Mail, at least five days before the hearing, a copy of the report referred to in subdivision (k) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the proposed conservatee.
(3)The proposed conservatee.
(4)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing will result in harm to the conservatee.
(5)Any other persons as the court orders.
(m)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(n)The report required by this section is confidential and shall be made available only to parties, persons described in subdivision (l), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(o)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or one who has nominated his or her own conservator, if he or she attends the hearing.
(p)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(q)Any investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(r)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996.
(s)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
|
Date
|
Status
|
|---|---|
| Aug 27, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 11, 2015 | Referred to Coms. on E. & R. and JUD. |
| Jun 18, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R. |
| Jul 1, 2015 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (July 1). Re-referred to Com. on JUD. |
| Jul 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 7). Re-referred to Com. on APPR. |
| Jul 15, 2015 | From committee: Do pass. (Ayes 11. Noes 4.) (July 15). |
| Jul 16, 2015 | Read second time. Ordered to third reading. |
| Aug 20, 2015 | Ordered to third reading. |
| Aug 20, 2015 | Read third time and amended. |
| May 22, 2015 | Read third time. Passed. (Ayes 27. Noes 10.) Ordered to the Assembly. |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 27, 2015 | Read third time. Passed. (Ayes 62. Noes 11. Page 2626.) Ordered to the Senate. |
| Aug 31, 2015 | Assembly amendments concurred in. (Ayes 27. Noes 11. Page 2272.) Ordered to engrossing and enrolling. |
| Aug 31, 2015 | Assembly amendments concurred in. (Ayes 27. Noes 11.) Ordered to engrossing and enrolling. |
| Sep 1, 2015 | Enrolled and presented to the Governor at 4:30 p.m. |
| Oct 10, 2015 | Approved by the Governor. |
| Oct 10, 2015 | Chaptered by Secretary of State. Chapter 736, Statutes of 2015. |
| Apr 23, 2015 | Set for hearing April 28. |
| Feb 27, 2015 | From printer. May be acted upon on or after March 29. |
| Mar 12, 2015 | Referred to Com. on E. & C.A. |
| Mar 24, 2015 | Set for hearing April 7. |
| Apr 6, 2015 | April 7 set for first hearing canceled at the request of author. |
| Apr 6, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A. |
| Apr 9, 2015 | Set for hearing April 21. |
| Apr 22, 2015 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 1. Page 723.) (April 21). Re-referred to Com. on RLS. |
| Apr 22, 2015 | Re-referred to Com. on JUD. |
| Feb 26, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 819.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 28). Re-referred to Com. on APPR. |
| May 1, 2015 | Set for hearing May 11. |
| May 11, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 12, 2015 | Read second time. Ordered to third reading. |
| May 22, 2015 | In Assembly. Read first time. Held at Desk. |
| May 22, 2015 | Read third time. Passed. (Ayes 27. Noes 10. Page 1061.) Ordered to the Assembly. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2015 | Unfinished Business SB589 Block Concurrence | Senate Floor |
Passed |
|
| Aug 27, 2015 | SB 589 Block Senate Third Reading By MULLIN | Assembly Floor |
Passed |
|
| Jul 15, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| Jul 1, 2015 | Do pass and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| May 22, 2015 | Senate 3rd Reading SB589 Block | Senate Floor |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 21, 2015 | Do pass, but first be re-referred to the Committee on [Rules] | Senate Standing Committee on Elections and Constitutional Amendments |
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
|
|---|---|---|
| AIDS Legal Referral Panel | ** Support | Aug 31, 2015 |
| American Civil Liberties Union of California | * Support | Jul 7, 2015 |
| Association Of Regional Center Agencies | ** Support | Aug 31, 2015 |
| Autistic Self Advocacy Network of Los Angeles | ** Support | Jul 7, 2015 |
| Cal-TASH | ** Support | Aug 31, 2015 |
| California Advocates for Nursing Home Reform | ** Support | Jul 7, 2015 |
| California Association of Clerks and Elections Officials | ** Support | Aug 31, 2015 |
| California Common Cause | * Support | Jul 1, 2015 |
| Disability Rights Advocates | ** Support | Jul 7, 2015 |
| Disability Rights California | ** Support | Aug 31, 2015 |
| League Of Women Voters Of California | ** Support | Jul 1, 2015 |
| Registrar of Voters | ** Support | Aug 31, 2015 |
| Secretary of State Alex Padilla | ** Support | Jul 1, 2015 |
| Shasta County Clerk | ** Support | Jul 7, 2015 |
| Shasta County, County Clerk | ** Support | Aug 31, 2015 |
| Spectrum Institute | ** Support | Aug 31, 2015 |
| State Council on Developmental Disabilities | ** Support | Aug 31, 2015 |
| The Arc and United Cerebral Palsy California Collaboration | ** Support | Aug 31, 2015 |
| United Cerebral Palsy California Coalition | * Support | Jul 7, 2015 |
SB 589
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 589
Amended: 8/20/15
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/21/15
AYES: Allen, Hancock, Hertzberg, Liu
NOES: Anderson
SENATE JUDICIARY COMMITTEE: 5-1, 4/28/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 27-10, 5/22/15
AYES: Allen, Beall, Block, De León, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Moorlach, Morrell, Nielsen, Stone
NO VOTE RECORDED: Cannella, Runner
ASSEMBLY FLOOR: 62-11, 8/27/15 - See last page for vote
SUBJECT: Voting: voter registration: individuals with disabilities and conservatees
SOURCE: American Civil Liberties Union
DIGEST: This bill authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed and requires that a person be presumed mentally competent to vote, regardless of his or her conservatorship status, if the court finds that the person can communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Assembly Amendments make technical, conforming changes and add double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session and AB 1461 (Gonzalez) of the current legislative session.
Existing law:
Permits prospective voters to receive assistance from another person when completing an affidavit of registration. If any person assists the affiant in completing the affidavit, that person must sign and date the affidavit below the signature of the affiant.
Requires an affiant to certify the content of the affidavit of voter registration as to its truth and correctness, under penalty of perjury, with a signature and the date of signing. If the affiant is unable to write he or she may instead sign with a mark or cross or use a signature stamp, as specified.
Provides, pursuant to the federal Voting Rights Act (42 U.S.C. 1973aa) that no citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any federal, state, or local election conducted in any state or political subdivision of a state. The term “test or device” includes, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter.
Provides, pursuant to the California Constitution, that the Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Regulates the terms and conditions of conservatorships and creates various requirements for a court and a court investigator with regard to informing a proposed conservatee that he or she may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. If a court finds that a person is not capable of completing an affidavit of voter registration, as specified, existing law provides that the person shall be deemed mentally incompetent and disqualified from voting.
Prohibits a person, including a conservatee, from being disqualified from voting on the basis that the person signs the affidavit of voter registration with a mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of voter registration with the assistance of another person.
Provides that in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting.
Requires, if an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, the court to forward the order and determination to the county elections official of the person’s county of residence.
Provides that during the yearly or biennial review of certain conservatorships, the court investigator must review the person’s capability of completing an affidavit of voter registration and, if the conservatee’s capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill:
Contains findings and declarations that federal disability nondiscrimination laws, including Title II of the federal Americans with Disabilities Act, entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. Contains further findings and declarations that by explicitly adding the concept of reasonable accommodation to California law on voter qualification, this bill brings the state into compliance with federal standards.
Provides expressly that an individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
Provides expressly that an individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
Provides that a person is presumed competent to vote regardless of his or her conservatorship status.
Deletes provisions of law that require a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds that the person is not capable of completing an affidavit of voter registration in accordance with existing law, and instead requires a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Prohibits a person from being disqualified from voting on the basis that the person completed the affidavit of voter registration with reasonable accommodations.
Makes other technical, conforming changes.
Contains double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session and AB 1461 (Gonzalez) of the current legislative session.
Background
Voting rights of conservatees. In California, if an adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. While a conservator of the person has charge of the care, custody and control of the conservatee, that power is not absolute. According to a form adopted by the Judicial Council entitled Notice of Conservatee's Rights, when a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. After appointment of a conservator, the conservatee keeps specified rights including the right to vote unless the court has limited or taken that right away.
Last year the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the federal Voting Rights Act’s prohibition on use of a test or device as a prerequisite for voter registration.
That
complaint was the impetus for AB 1311 (Bradford, Chapter 591,
Statutes of 2014), which prohibited a person, including a
conservatee, from being disqualified from voting on the basis that he
or she signs the affidavit of voter registration with mark or a
cross, signs the affidavit of voter registration with a signature
stamp, or completes the affidavit of registration with the assistance
of another person.
Comments
According to the author, under existing law, adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90% of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he or she are not able to sign a registration affidavit.
SB 589 will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This is the standard recommended by the American Bar Association and adopted in Nevada and Maryland. This crucial shift will improve the protections of these adults to maintain their voting rights in California.
Under federal disability nondiscrimination laws people with disabilities are entitled to reasonable accommodations as needed to participate in public activities such as voting. While a recent law listed some types of accommodations available to adults under conservatorships to complete a voter registration form, SB 589 conforms California law to federal law by stating that people with disabilities are entitled to reasonable accommodations. This change will help protect the voting rights of adults with developmental disabilities who often fall through the cracks in our democracy.
Protecting the rights of adults with developmental disabilities is critical in maintaining and encouraging an inclusive and diverse electorate. If an adult under conservatorship can convey their desire to engage in the elections system, we should do everything in our power to ensure that they keep their voting rights. SB 589 will be a significant step forward in ensuring that adults under conservatorships don’t slip through the cracks in our democracy.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, there are likely minor costs to the courts and to county elections officials.
American Civil Liberties Union (source)
AIDS Legal Referral Panel
Association of Regional Center Agencies
California Association of Clerks and Elections Officials
Cal-TASH
Disability Rights California
Shasta County, County Clerk/Registrar of Voters
Spectrum Institute
State Council on Developmental Disabilities
The Arc and United Cerebral Palsy California Collaboration
OPPOSITION: (Verified 8/28/15)
None received
ASSEMBLY FLOOR: 62-11, 8/27/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Travis Allen, Bigelow, Brough, Beth Gaines, Gallagher, Harper, Jones, Mathis, Mayes, Obernolte, Wagner
NO VOTE RECORDED: Chang, Dahle, Frazier, Kim, Patterson, Waldron, Wilk
Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106
8/28/15 14:05:47
**** END ****
SB 589
Page 2
SENATE THIRD READING
SB 589
(Block)
As Amended August 20, 2015
Majority vote
SENATE VOTE: 27-10
Committee |
Votes |
Ayes |
Noes |
Elections |
6-0 |
Ridley-Thomas, Grove, Gatto, Gordon, Mullin, Perea |
|
Judiciary |
8-1 |
Mark Stone, Alejo, Chau, Chiu, Cristina Garcia, Holden, Maienschein, O'Donnell |
Wagner |
Appropriations |
11-4 |
Gomez, Bloom, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Quirk, Rendon, Weber, Wood |
Bigelow, Gallagher, Jones, Wagner |
SUMMARY: Authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed and requires that a person be presumed mentally competent to vote, regardless of his or her conservatorship status, if the court finds that the person can communicate, with or without reasonable accommodations, a desire to participate in the voting process. Specifically, this bill:
Contains findings and declarations that federal disability nondiscrimination laws, including Title II of the federal Americans with Disabilities Act, entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. Contains further findings and declarations that by explicitly adding the concept of reasonable accommodation to California law on voter qualification, this bill brings the state into compliance with federal standards.
Expressly provides that an individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
Expressly provides that an individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
Provides that a person is presumed competent to vote regardless of his or her conservatorship status.
Deletes provisions of law that require a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds that the person is not capable of completing an affidavit of voter registration in accordance with existing law, and instead requires a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Prohibits a person from being disqualified from voting on the basis that the person completed the affidavit of voter registration with reasonable accommodations.
Makes other technical, conforming changes.
Contains double-jointing language to avoid chaptering problems with AB 1020 (Ridley-Thomas) of the current legislative session and AB 1461 (Gonzalez) of the current legislative session.
FISCAL EFFECT: According to the Assembly Appropriations Committee, likely minor costs to the courts and to county elections officials.
COMMENTS: According to the author, "Under current law adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90% of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he/she are not able to sign a registration affidavit. This bill will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process…"
Last year the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the federal Voting Rights Act's prohibition on use of a test or device as a prerequisite for voter registration.
That complaint was the impetus for AB 1311 (Bradford), Chapter 591, Statutes of 2014, which clarified the voting protections for conservatees. Specifically, AB 1311 prohibited a person, including a conservatee, from being disqualified from voting on the basis that he or she signs the affidavit of voter registration with mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of registration with the assistance of another person. AB 1311 ensured federal and state laws related to voter registration assistance are applied equally to any individual who seeks to register to vote. This bill builds upon AB 1311 by further clarifying conservatee voting rights and modifying the standard for determining when a disabled, conserved individual is not competent to participate in the voting process.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001419
SB 589
Page 2
SENATE THIRD READING
SB 589
(Block)
As Amended June 18, 2015
Majority vote
SENATE VOTE: 27-10
Committee |
Votes |
Ayes |
Noes |
Elections |
6-0 |
Ridley-Thomas, Grove, Gatto, Gordon, Mullin, Perea |
|
Judiciary |
8-1 |
Mark Stone, Alejo, Chau, Chiu, Cristina Garcia, Holden, Maienschein, O'Donnell |
Wagner |
Appropriations |
11-4 |
Gomez, Bloom, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Quirk, Rendon, Weber, Wood |
Bigelow, Gallagher, Jones, Wagner |
SUMMARY: Authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed and requires that a person be presumed mentally competent to vote, regardless of his or her conservatorship status, if the court finds that the person can communicate, with or without reasonable accommodations, a desire to participate in the voting process. Specifically, this bill:
Contains findings and declarations that federal disability nondiscrimination laws, including Title II of the federal American with Disabilities Act, entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. Contains further findings and declarations that by explicitly adding the concept of reasonable accommodation to California law on voter qualification, this bill brings the state into compliance with federal standards.
Expressly provides that an individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
Expressly provides that an individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
Provides that a person is presumed competent to vote regardless of his or her conservatorship status.
Deletes provisions of law that require a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds that the person is not capable of completing an affidavit of voter registration in accordance with existing law, and instead requires a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Prohibits a person from being disqualified from voting on the basis that the person completed the affidavit of voter registration with reasonable accommodations.
Makes other technical, conforming changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, likely minor costs to the courts and to county elections officials.
COMMENTS: According to the author, "Under current law adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90% of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he/she are not able to sign a registration affidavit. SB 589 will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process…"
Last year the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the federal VRA's prohibition on use of a test or device as a prerequisite for voter registration.
That complaint was the impetus for AB 1311 (Bradford), Chapter 591, Statutes of 2014, which clarified the voting protections for conservatees. Specifically, AB 1311 prohibited a person, including a conservatee, from being disqualified from voting on the basis that he or she signs the affidavit of voter registration with mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of registration with the assistance of another person. AB 1311 ensured federal and state laws related to voter registration assistance are applied equally to any individual who seeks to register to vote. This bill builds upon AB 1311 by further clarifying conservatee voting rights and modifying the standard for determining when a disabled, conserved individual is not competent to participate in the voting process.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001246
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 589
(Block) – As Amended June 18, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
6 - 0 |
|
Judiciary |
|
8 - 1 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill enacts provisions to ensure that persons subject to conservatorship are presumed competent to vote and those who are capable of completing affidavits of registration with reasonable accommodations in order to register to vote are able to do so. Specifically, this bill:
Allows an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed.
Authorizes an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting.
Establishes a legal presumption that a person is presumed competent to vote regardless of his or her conservatorship status.
Requires the court, in order to determine that a is person mentally incompetent to vote, to find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, regardless of his or her ability to complete the affidavit of voter registration.
Establishes a process for the review, at a regularly scheduled yearly or biennial review of the conservatorship, of any prior determination that a person was 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, and provides for 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.
Requires, after a court review, unless the person is found to be incapable of communicating that desire, the court to find that the person’s right to register to vote shall be restored, and the court shall so notify the county elections official.
FISCAL EFFECT:
Likely minor costs to the courts and to county elections officials.
COMMENTS:
Background and Purpose. In July of 2014, the Disability and Abuse Project of Spectrum Institute filed a formal complaint, with the United States Department of Justice's Civil Rights Division, against the Los Angeles Superior Court, regarding the court’s application of existing state law that deemed ineligible to vote conservatees who were not capable of completing an affidavit of voter registration. The complaint asserted that this practice constituted a violation of the Voting Rights Act's prohibition on the use of a test or device as a prerequisite to voter registration. The United States Department of Justice has not yet responded to the complaint.
Last year, in response to the Spectrum Institute complaint, AB 1311 (Bradford), Chapter 591, clarified the voting rights of conservatees. According to the author and supporters of this bill, AB 1311 was helpful in clarifying current law to explicitly allow certain accommodations to conservatees in completing the voter registration affidavit, but did not modify the standard for determining when a disabled, conserved individual is not competent to participate in the voting process. This bill, which is sponsored by the American Civil Liberties Union, builds upon AB 1311 by further clarifying conservatee voting rights and modifying the standard for determining when a disabled, conserved individual is not competent to participate in the voting process.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 589
Page 7
Date of Hearing: July 7, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SB 589
(Block) – As Amended June 18, 2015
SENATE VOTE: 27-10
SUBJECT: VOTING: VOTER REGISTRATION: INDIVIDUALS WITH DISABILITIES AND CONSERVATEES
KEY ISSUE: should california enact a number of provisions to ensure that persons who are subject to conservatorship are presumed competent to vote and are not deemed incompetent unless there is clear and convincing evidence, consistent with the federal voting rights act, that the person cannot communicate a desire to participate in the voting process even when provided with reasonable accommodations?
SYNOPSIS
This non-controversial but important voting rights bill seeks to ensure that California state law complies with the Federal Voting Rights Act by removing requirements for filling out an affidavit of voter registration, creating a presumption that all Californians are presumed to be competent, regardless of being subject to a conservatorship, and establishing a process for courts to review past determinations that conservatees are not competent to exercise the right to vote because they were incapable of filling out an affidavit of voter registration. The National Voter Registration Act of 1993 prohibits denying a citizen the right to vote in any federal, state, local election, because of the citizen’s failure to comply with any test or device, including any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter. (52 U.S.C. Sec. 10501.) In July of 2014, the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the VRA’s prohibition on use of a test or device as a prerequisite for voter registration. The United States Department of Justice has not yet responded to the complaint.
Last year, AB 1311 (Bradford, Chapter 591, Statutes of 2014) clarified the voting protections for conservatees. This bill would prohibit disqualifying a conservatee from voting if he or she would need to complete an affidavit for voter registration with reasonable accommodations. This bill would provide that a person is presumed competent to vote regardless of his or her conservatorship status and clarify the judicial procedures through which an individual with a disability or under a conservatorship would lose his or her ability to vote. Among other things, it would require that in order to deem a person mentally incompetent and disqualified from voting, a court must make a finding of clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This bill was recently heard by the Assembly Elections and Redistricting Committee, where it passed by a vote of 6 to zero. Sponsored by the ACLU, this bill is supported by a number of mental health and disability advocacy organizations and has no opposition.
SUMMARY: Enacts a number of provisions to ensure that persons who are subject to conservatorship are presumed competent to vote and those who are capable of completing affidavits of registration with reasonable accommodations in order to register to vote are able to do so. Specifically, this bill:
Makes legislative findings that federal disability nondiscrimination laws, including Title II of the federal American with Disabilities Act of 1990 (Public Law 101-336), entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting.
Specifically allows an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed.
Specifically authorizes an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting.
Establishes a legal presumption that a person is presumed competent to vote regardless of his or her conservatorship status.
Allows the presumption of competence to be overcome only if 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, regardless of his or her ability to complete the affidavit of voter registration.
Establishes a process for the review, at a regularly scheduled yearly or biennial review of the conservatorship, of any prior determination that a person was 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, and provides for 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.
Requires, after a court review, unless the person is found to be incapable of communicating that desire, the court to find that the person’s right to register to vote shall be restored, and the court shall so notify the county elections official.
EXISTING LAW:
Declares, under the National Voter Registration Act of 1993, that the right of United States citizens to vote is a fundamental right, is the duty of the federal, state, and local governments to promote the exercise of that right; and discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for federal office and disproportionately harm voter participation by various groups. (52 U.S.C. Sec. 20501(a).)
Prohibits, under federal law, denying a citizen the right to vote in any federal, state, local election, because of the citizen’s failure to comply with any test or device. The term “test or device” includes, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter. (52 U.S.C. Sec. 10501.)
Declares, in the Voting Accessibility for Elderly and Handicapped Act, that it is federal intent to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration at facilities and polling places for federal elections, and requires states to provide specified registration and voting aids for federal elections for handicapped and elderly individuals. (52 U.S.C. Secs. 20101, 20104.)
Provides, in federal law, that any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter's union. (52 U.S.C. Sec. 10508.)
Requires the Legislature to prohibit improper practices that affect elections and to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. (Cal. Const., art. II, Sec. 4.)
Requires a person, who desires to vote, to complete and submit, as specified, an affidavit of registration, and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrant’s precinct. (Elections Code Section 2102. All further statutory references are to this code, unless otherwise indicated.)
Requires the affidavit of registration to show facts necessary to establish the affiant as an elector, requires the affidavit of registration to show specified information, including the affiant’s name and place of residence, and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiant’s name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit. (Section 2150.)
Provides that a person shall be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing, as specified, an affidavit of voter registration. (Section 2208.)
Requires, for specified conservatorship proceedings, during yearly or biennial reviews of the conservatorship, the court investigator to review the person’s capability of completing an affidavit of voter registration. If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator is required to determine if the person has become capable of completing the affidavit. (Section 2209.)
Requires the court investigator, when determining whether a conservatorship should be established, to determine, among other things, whether the proposed conservatee is not capable of completing an affidavit of voter registration. (Probate Code Section 1826.)
Requires the court, prior to the establishment of a conservatorship, to inform the proposed conservatee, among other things, that the proposed conservatee may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. (Probate Code Section 1828.)
Requires the court investigator, upon subsequent court review of a conservatorship, to determine whether the conservatee is not capable of completing an affidavit of voter registration and prohibits the conservatee from being disqualified from voting because the conservatee would need to sign the affidavit with a mark, cross, or signature stamp, or completes the affidavit with the assistance of another person. (Probate Code Sections 1851, 1910.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the author:
Under current law adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90% of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he/she are not able to sign a registration affidavit.
SB 589 will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This is the standard recommended by the American Bar Association. This crucial shift will improve the protections of these adults to maintain their voting rights in California.
Protecting the rights of adults with developmental disabilities is critical in maintaining and encouraging an inclusive and diverse electorate. If an adult under conservatorship can convey their desire to engage in the elections system, we should do everything in our power to ensure that they keep their voting rights. SB 589 will be a significant step forward in ensuring that adults under conservatorships don’t slip through the cracks in our democracy.
State and Federal Protection of the Right to Vote. The National Voter Registration Act of 1993 guarantees to all United States citizens the fundamental right to vote and requires state and local governments to promote the exercise of that right. (52 U.S.C. Sec. 20501(a).) The Act prohibits denying a citizen the right to vote in any federal, state, local election, because of the citizen’s failure to comply with any test or device, including any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter. (52 U.S.C. Sec. 10501.)
Additionally, the Voting Accessibility for Elderly and Handicapped Act requires states to provide specified registration and voting aids for federal elections for handicapped and elderly individuals. (52 U.S.C. Secs. 20101, 20104.) Federal law also provides that any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice. (52 U.S.C. Sec. 10508.)
Article II, Section 2 of the California Constitution permits a person who is a United States citizen, a resident of California, and at least 18 years of age at the time of the next election, to register to vote. Additionally, Article II, Section 4 of the California Constitution provides that the Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors who are mentally incompetent, imprisoned, or on parole for the conviction of a felony. Moreover, Section 208 of the federal Voting Rights Act (VRA) provides that voters who need assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice. Section 201 of the VRA provides that no citizen shall be denied the right to vote in any federal, state, or local election conducted in any state or political subdivision of a state because of his or her failure to comply with any test or device. The VRA defines a “test or device” to include, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter.
Voting Rights of Conservatees. In California, if an adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. While a conservator of the person has charge of the care, custody and control of the conservatee, that power is not absolute. When a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. After appointment of a conservator, the conservatee keeps specified rights including the right to vote unless the court has limited or taken that right away.
Current state law permits an individual to receive assistance from another person when completing an affidavit of voter registration and requires the person that assists the individual in completing the affidavit to sign and date the affidavit, as specified. Additionally, state law requires an individual to certify the content of the affidavit of voter registration as to its truth and correctness, under penalty of perjury, with a signature and the date of signing and provides that if the individual is unable to write, he or she may instead sign with a mark or cross or use a signature stamp.
Recent Litigation and Legislative Response. In July of 2014, the Disability and Abuse Project of Spectrum Institute filed a formal complaint, with the United States Department of Justice's Civil Rights Division, against the Los Angeles Superior Court, regarding the court’s application of existing state law that deemed ineligible to vote conservatees who were not capable of completing an affidavit of voter registration. The complaint asserted that this practice constituted a violation of the VRA’s prohibition on the use of a test or device as a prerequisite to voter registration. The United States Department of Justice has not yet responded to the complaint.
Last year, in response to the Spectrum Institute complaint to the U.S. Department of Justice, AB 1311 (Bradford, Chapter 591, Statutes of 2014) clarified the voting rights of conservatees. This bill would further clarify the conservatee voting protections enacted in AB 1311 by establishing a standard for determining when a disabled, conserved individual is not competent to participate in voting, and would establish a process for evaluating the competency of conservatees who were previously deemed incompetent to vote.
According to the author and supporters of this bill, AB 1311 was helpful in clarifying current law to explicitly allow certain accommodations to conservatees in completing the voter registration affidavit, but did not modify the standard for determining when a disabled, conserved individual is not competent to participate in the voting process. This bill builds upon AB 1311 by further clarifying conservatee voting rights and modifying the standard for determining when a disabled, conserved individual is not competent to participate in the voting process.
The Presumption of Competency. This bill would advance the fundamental voting rights of a conservatee in two ways. First, this bill would acknowledge the importance of this fundamental right by establishing the presumption that a person is competent to vote regardless of his or her conservatorship status. This presumption was suggested by the American Bar Association (ABA) in its 2007 Report to the House of Delegates “to promote the democratic process to the fullest extent possible.” (Commission on Law and Aging Standing Committee on Election Law and Commission on Mental and Physical Disability Law, Report to the House of Delegates, American Bar Assoc. (Aug. 13, 2007), p. 10.) In support of this recommendation, the ABA argues that “no governmental entity should exclude any otherwise qualified person from voting on the basis of medical diagnosis, disability status, or type of residence.” (Id.) Second, this bill would protect fundamental voting rights by revising the reasons for denying a conservatee the right to vote.
This bill would remove the ability to disqualify a person from voting because the person is not capable of completing an affidavit of voter registration, and, instead, require a court to find that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This new basis for denying voting rights shifts the focus to a person’s incapacity to vote, rather than the existing basis of the physical inability to vote.
Due Process Protections: Court Process for Review in New and Renewed Conservatorships. Existing law provides due process procedures for disqualifying a conservatee from voting, including interviews of the conservatee by a court investigator, notice of the potential to lose the right to vote during a conservatorship hearing, and an opportunity for the conservatee to participate in a hearing to determine, among other things, whether the conservatee should be disqualified from voting.
This bill would further support a conservatee’s fundamental right to vote by establishing a high standard (clear and convincing evidence) to be found by a court in order to disqualify the conservatee from voting. Clear and convincing evidence means that the evidence presented to the court must be highly and substantially more probable to be true than not and the court must have a firm belief or conviction in its factuality. This standard of proof requires more evidence than the common standard of proof (preponderance of the evidence) in civil actions, which only requires that the facts as a threshold be more likely than not to prove the issue for which they are asserted.
For previously established conservatorships (in which outdated standards were likely applied to determine the conservatee’s ability to vote based upon his or her ability to fill out the affidavit of voter registration form), the bill would require that the court investigator, during the yearly or biennial review of the conservatorship, to review the person’s capability of communicating, with or without reasonable accommodations, his or her desire to participate in the voting process.
The American Civil Liberties Union of California (ACLU), sponsor of this bill, discusses the importance of the due process protections in this bill:
The current process for assessing whether disabled conservatees keep their right to vote is inadequate, does not comply with federal law, and places disabled individuals at risk of being disenfranchised without the due process protections we would expect with a fundamental right at stake. California probate courts have typically made a pro forma judicial finding that an individual is unable to complete a voter registration affidavit. A conservatee can be disqualified from voting without any specific finding regarding competency to vote, and without consideration of reasonable accommodations that would enable the conservatee to complete the voter registration affidavit.
Likewise, the Autistic Self Advocacy Network of Los Angeles observes that SB 589 will protect the voting rights of disabled people who have been conserved:
SB 589 will align California with the due process protections and standard for assessing competency to vote recommended by the American Bar Association. Under SB 589, conservatees will retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This important shift will help protect the voting rights of disabled conservatees.
By establishing a presumption of competency, a clear and convincing standard for court determinations, and a process for review of past determinations of incompetency, this bill appears likely to not only protect the due process rights of conservatees, but also reduce the likelihood that conservatees will be unfairly disenfranchised.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union (sponsor)
Association of Regional Center Agencies
Autistic Self Advocacy Network of Los Angeles
California Advocates for Nursing Home Reform
Disability Rights Advocates
Disability Rights California
AIDS Legal Referral Panel
Disability Rights Advocates
The ARC & United Cerebral Palsy California Collaboration
Cal-TASH
Shasta County Clerk/Registrar of Voters, Cathy Darling Allen
Spectrum Institute
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
SB 589
Page 7
Date of Hearing: July 1, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
SB 589
(Block) – As Amended June 18, 2015
SENATE VOTE: 27-10
SUBJECT: Voting: voter registration: individuals with disabilities and conservatees.
SUMMARY: Authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed and requires that a person be presumed mentally competent to vote, regardless of his or her conservatorship status, if the court finds that the person can communicate, with or without reasonable accommodations, a desire to participate in the voting process. Specifically, this bill:
Contains findings and declarations that federal disability nondiscrimination laws, including Title II of the federal American with Disabilities Act (ADA), entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting. Contains further findings and declarations that by explicitly adding the concept of reasonable accommodation to California law on voter qualification, this bill brings the state into compliance with federal standards.
Expressly provides that an individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
Expressly provides that an individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
Provides that a person is presumed competent to vote regardless of his or her conservatorship status.
Deletes provisions of law that require a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds that the person is not capable of completing an affidavit of voter registration in accordance with existing law, and instead requires a person to be deemed mentally incompetent, and therefore disqualified from voting, if a court or jury, as specified, finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Deletes provisions of law that require a court, if an order establishing conservatorship is made and in connection with that order it is found that the person is not capable of completing an affidavit of voter registration, to forward the order and determination to the county elections official of the person's county of residence, and instead requires a court to forward the order to the county elections official if 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.
Prohibits a person from being disqualified from voting on the basis that the person completed the affidavit of voter registration with reasonable accommodations.
Deletes provisions of law that require a court investigator, during a yearly or biennial review of certain conservatorships, to review the person's capability of completing an affidavit of voter registration in accordance with existing law, and instead requires the court investigator to review, as specified, the person's capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process. Requires a court investigator, if the conservatee's capability of communicating a desire to participate in the voting process has changed, to inform the court and requires the court to hold a hearing regarding the capability, a specified.
Makes other technical, conforming changes.
EXISTING
FEDERAL LAW:
Prohibits a citizen from being denied the right to vote in any federal, state, or local election conducted in any state or political subdivision of a state because of his or her failure to comply with any test or device. Defines a “test or device” to include, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter.
Provides for voters who need assistance to vote by reason of blindness, disability, or inability to read or write to be given assistance by a person of the voter's choice.
Requires a public entity to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
EXISTING STATE LAW:
Permits a person who is a United States citizen, a resident of California, and at least 18 years of age at the time of the next election to register to vote.
Provides that the Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Requires a person, who desires to vote, to complete and submit, as specified, an affidavit of registration, and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrant’s precinct.
Permits an individual to receive assistance from another person when completing an affidavit of registration. Requires any person that assists an individual in completing the affidavit, to sign and date the affidavit below the signature of the affiant.
Requires an individual to certify the content of the affidavit of voter registration as to its truth and correctness, under penalty of perjury, with a signature and the date of signing. Permits an individual that is unable to write, to sign with a mark or cross or use a signature stamp, as specified.
Regulates the terms and conditions of conservatorships and creates various requirements for a court and a court investigator with regard to informing a proposed conservatee that he or she may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. Requires a person be deemed mentally incompetent and disqualified from voting if a court finds that he or she is not capable of completing an affidavit of voter registration, as specified.
Prohibits a person, including a conservatee, from being disqualified from voting on the basis that the person signs the affidavit of voter registration with a mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of voter registration with the assistance of another person.
Requires a court investigator, during yearly or biennial reviews of certain conservatorships, to review the person’s capability of completing an affidavit of voter registration. Requires a court investigator, if the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, to determine if the person has become capable of completing the affidavit. Requires a court, if the investigator finds that the person is capable of completing the affidavit, to hold a hearing to determine whether the person is in fact capable of completing the affidavit. Requires a court, if the person had not been found incapable of completing an affidavit of voter registration, and the court investigator determines that the person is no longer capable of completing the affidavit, to hold a hearing to determine whether the person is capable of completing the affidavit, and to disqualify the person from voting if the court determines that the person is not so able.
Requires the court, whenever 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, to forward the order and determination to the county elections official of the person's county of residence.
Requires the court clerk to issue a citation directed to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration.
FISCAL EFFECT:
According to the Senate Appropriations Committee, pursuant to Senate
Rule 28.8, negligible state costs.
COMMENTS:
Purpose of the Bill: According to the author:
Under current law adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90% of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he/she are not able to sign a registration affidavit.
SB 589 will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This is the standard recommended by the American Bar Association. This crucial shift will improve the protections of these adults to maintain their voting rights in California.
Protecting the rights of adults with developmental disabilities is critical in maintaining and encouraging an inclusive and diverse electorate. If an adult under conservatorship can convey their desire to engage in the elections system, we should do everything in our power to ensure that they keep their voting rights. SB 589 will be a significant step forward in ensuring that adults under conservatorships don’t slip through the cracks in our democracy.
Voter Registration Assistance: Article II, Section 2 of the California Constitution permits a person who is a United States citizen, a resident of California, and at least 18 years of age at the time of the next election, to register to vote. Additionally, Article II, Section 4 of the California Constitution provides that the Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Moreover, Section 208 of the federal Voting Rights Act (VRA) provides that voters who need assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice. Section 201 of the VRA provides that no citizen shall be denied the right to vote in any federal, state, or local election conducted in any state or political subdivision of a state because of his or her failure to comply with any test or device. The VRA defines a “test or device” to include, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter.
Current state law permits an individual to receive assistance from
another person when completing an affidavit of voter registration and
requires the person that assists the individual in completing the
affidavit to sign and date the affidavit, as specified.
Additionally, state law requires an individual to certify the content
of the affidavit of voter registration as to its truth and
correctness, under penalty of perjury, with a signature and the date
of signing and provides that if the individual is unable to write he
or she may instead sign with a mark or cross or use a signature
stamp, as specified.
Voting Rights of Conservatees: In California, if an adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. While a conservator of the person has charge of the care, custody and control of the conservatee, that power is not absolute. According to a form adopted by the Judicial Council entitled Notice of Conservatee's Rights, when a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. After appointment of a conservator, the conservatee keeps specified rights including the right to vote unless the court has limited or taken that right away.
Last year the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the federal VRA's prohibition on use of a test or device as a prerequisite for voter registration.
That complaint was the impetus for AB 1311 (Bradford), Chapter 591,
Statutes of 2014, which clarified the voting protections for
conservatees. Specifically, AB 1311 prohibited a person, including a
conservatee, from being disqualified from voting on the basis that he
or she signs the affidavit of voter registration with mark or a
cross, signs the affidavit of voter registration with a signature
stamp, or completes the affidavit of registration with the assistance
of another person. AB 1311 ensured federal and state laws related to
voter registration assistance are applied equally to any individual
who seeks to register to vote.
According to the author
and proponents of this bill, while AB 1311 was helpful in clarifying
current law to explicitly permit certain accommodations in completing
the voter registration affidavit, it did not, however, modify the
standard for determining when a disabled, conserved individual is not
competent to participate in the voting process. This bill builds
upon AB 1311 by further clarifying conservatee voting rights and
modifying the standard for determining when a disabled, conserved
individual is not competent to participate in the voting process.
Specifically, this bill prohibits disqualifying a conservatee from
voting if he or she completes an affidavit of voter registration with
reasonable accommodations. In addition, this bill provides that a
person is presumed competent to vote regardless of his or her
conservatorship status and clarifies the judicial procedures through
which an individual with a disability or under a conservatorship
would lose his or her ability to vote. Finally, this bill requires a
court, in order to deem a person mentally incompetent and
disqualified from voting, to make a finding of clear and convincing
evidence that the person cannot communicate, with or without
reasonable accommodations, a desire to participate in the voting
process, as specified.
Federal Law: The ADA was signed into law on July 26, 1990, by President George H. W. Bush. This law forbids discrimination in both public and private settings against anyone with disabilities. In short, the ADA covers anyone with an impairment that substantially limits any major life activity. Local and state governments, private sector employers, transportation programs, and public and privately owned accommodations are all subject to its rulings.
Title II of the ADA provides that discrimination by state or local government agencies is prohibited by the ADA and requires that all governmental services or activities be made available and accessible to people with disabilities. These services include communication and public transportation systems. Under Title II, a "public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." According to the proponents, California probate courts have typically made a pro forma judicial finding that an individual is unable to complete a voter registration affidavit and there are often no specific findings regarding competency to vote, and no consideration of reasonable accommodations that would enable a disabled individual to complete the voter registration affidavit.
American Bar Association: In 2007, the American Bar Association (ABA) submitted a report to the ABA House of Delegates urging "federal, state, local, and territorial governments to improve the administration of elections to facilitate voting by all individuals with disabilities, including people with cognitive impairments…" The report outlines a series of recommendations adopted by the ADA that, among others, defines and assesses the capacity to vote, such as a presumption of the right to vote, an assessment of a person's ability to communicate their desire to participate in the voting process, and a clear and convincing evidence standard. Proponents argue that California law falls short of ABA's recommended standards by: 1) not presuming a person's right to vote regardless of conservatorship status; 2) relying on the ability to complete a voter registration affidavit rather than an assessment of whether a person can communicate a specific desire to participate in the voting process; and 3) not requiring that a person's disqualification from voting be established by clear and convincing evidence.
Arguments in Support: The sponsor of this bill, the American Civil Liberties Union of California, writes:
SB 589 will align California with the due process protections and
standard for assessing competency to vote recommended by the American
Bar Association. Under SB 589, conservatees will retain their right
to vote unless it is shown by clear and convincing evidence that the
individual cannot communicate a desire to participate in the voting
process. SB 589 will also conform California law to federal law by
stating that people with disabilities are entitled to reasonable
accommodations while registering to vote. These important shifts
will help protect the voting rights of disabled conservatees.
The
current process for assessing whether disabled conservatees keep
their right to vote is inadequate, does not comply with federal law,
and places disabled individuals at risk of being disenfranchised
without the due process protections we would expect with a
fundamental right at stake. California judicial courts have typically
made a pro forma judicial finding that an individual is unable to
complete a voter registration affidavit. A conservatee can be
disqualified from voting without any specific finding regarding
competency to vote, and without consideration of reasonable
accommodations that would enable the conservatee to complete the
voter registration affidavit.
Double Referral: This bill is double referred to the Assembly Judiciary Committee.
REGISTERED
SUPPORT / OPPOSITION:
Support
American Civil Liberties Union of California (sponsor)
AIDS Legal Referral Panel
Association of Regional Center Agencies
Autistic Self Advocacy Network of Los Angeles
Disability Rights California
League of Women Voters of California
Secretary of State Alex Padilla
State Council on Developmental Disabilities
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
SB 589
Page 6
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 589
Amended: 4/6/15
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/21/15
AYES: Allen, Hancock, Hertzberg, Liu
NOES: Anderson
SENATE JUDICIARY COMMITTEE: 5-1, 4/28/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Voting: voter registration: individuals with disabilities and conservatees
SOURCE: American Civil Liberties Union
DIGEST: This bill authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed and requires that a person be presumed mentally competent to vote, regardless of his or her conservatorship status, if the court finds that the person can communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Existing law:
Permits prospective voters to receive assistance from another person when completing an affidavit of registration. If any person assists the affiant in completing the affidavit, that person must sign and date the affidavit below the signature of the affiant.
Requires an affiant to certify the content of the affidavit of voter registration as to its truth and correctness, under penalty of perjury, with a signature and the date of signing. If the affiant is unable to write, he or she may instead sign with a mark or cross or use a signature stamp, as specified.
Provides, pursuant to the federal Voting Rights Act (42 U.S.C. 1973aa), that no citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any federal, state, or local election conducted in any state or political subdivision of a state. The term “test or device” includes, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter.
Provides, pursuant to the California Constitution, that the Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Regulates the terms and conditions of conservatorships and creates various requirements for a court and a court investigator with regard to informing a proposed conservatee that he or she may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. If a court finds that a person is not capable of completing an affidavit of voter registration, as specified, existing law provides that the person shall be deemed mentally incompetent and disqualified from voting.
Prohibits a person, including a conservatee, from being disqualified from voting on the basis that the person signs the affidavit of voter registration with a mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of voter registration with the assistance of another person.
Provides that in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting.
If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the person’s county of residence.
Provides that during the yearly or biennial review of certain conservatorships, the court investigator must review the person’s capability of completing an affidavit of voter registration and, if the conservatee’s capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill:
Authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed.
Authorizes an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting.
Finds and declares that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, this bill brings the state into compliance with federal standards.
Requires that a person be presumed competent to vote, regardless of his or her conservatorship status but requires that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Provides that in certain conservatorship proceedings heard by a jury, the jury must unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting.
Requires the court investigator, during the yearly or biennial review of certain conservatorships, to review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatee’s capability of communicating that desire has changed, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
Requires the court clerk’s citation to the proposed conservatee to include a statement describing the aforementioned provisions.
Background
Voting rights of conservatees. In California, if an adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. While a conservator of the person has charge of the care, custody and control of the conservatee, that power is not absolute. According to a form adopted by the Judicial Council entitled Notice of Conservatee's Rights, when a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. After appointment of a conservator, the conservatee keeps specified rights including the right to vote unless the court has limited or taken that right away.
Last year the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the federal Voting Rights Act’s prohibition on use of a test or device as a prerequisite for voter registration.
That complaint was the impetus for AB 1311 (Bradford, Chapter 591, Statutes of 2014), which prohibited a person, including a conservatee, from being disqualified from voting on the basis that he or she signs the affidavit of voter registration with mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of registration with the assistance of another person.
Comments
1) According to the author: Under current law, adults with
developmental disabilities under conservatorships are routinely being
disenfranchised at extremely high levels. A review of 61
conservatorship cases involving adults with developmental
disabilities in Los Angeles County found that close to 90% of
conservatees in those cases had been disqualified from voting due to
their actual or perceived inability to complete the voter
registration affidavit. Furthermore, this review found that probate
attorneys are being trained to disqualify adults under
conservatorships from voting when he/she are not able to sign a
registration affidavit.
SB 589 will allow disabled
individuals under conservatorship to retain their right to vote
unless it is shown by clear and convincing evidence that the
individual cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process. This
is the standard recommended by the American Bar Association and
adopted in Nevada and Maryland. This crucial shift will improve the
protections of these adults to maintain their voting rights in
California.
Under federal disability nondiscrimination
laws people with disabilities are entitled to reasonable
accommodations as needed to participate in public activities such as
voting. While a recent law listed some types of accommodations
available to adults under conservatorships to complete a voter
registration form, SB 589 would conform California law to federal law
by stating that people with disabilities are entitled to reasonable
accommodations. This change will help protect the voting rights of
adults with developmental disabilities who often fall through the
cracks in our democracy.
Protecting the rights of adults
with developmental disabilities is critical in maintaining and
encouraging an inclusive and diverse electorate. If an adult under
conservatorship can convey their desire to engage in the elections
system, we should do everything in our power to ensure that they keep
their voting rights. SB 589 will be a significant step forward in
ensuring that adults under conservatorships don’t slip through the
cracks in our democracy.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
American Civil Liberties Union (source)
AIDS Legal Referral Panel
Association of Regional Center Agencies
Autistic Self Advocacy Network of Los Angeles
California Advocates for Nursing Home Reform
California Association of Clerks and Elections Officials
Cal-TASH
Disability Rights Advocates
Disability Rights California
Shasta County Clerk and Registrar of Voters
Spectrum Institute
The Arc and United Cerebral Palsy California Collaboration
None received
Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106
5/15/15 14:05:02
**** END ****
SB 589 (Block)
Page 10 of 10
Senator Hannah-Beth Jackson, Chair
2015 - 2016 Regular Session
SB 589 (Block)
Version: April 6, 2015
Hearing Date: April 28, 2015
Fiscal: Yes
Urgency: No
TMW
SUBJECT
Voting: voter registration: individuals with disabilities and conservatees
DESCRIPTION
This bill would prohibit disqualifying a conservatee from voting if he or she would need to complete an affidavit for voter registration with reasonable accommodations. This bill would provide that a person is presumed competent to vote regardless of his or her conservatorship status and clarify the judicial procedures through which an individual with a disability or under a conservatorship would lose his or her ability to vote. In order to deem a person mentally incompetent and disqualified from voting, this bill would require a court to make a finding of clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the vote process.
BACKGROUND
The National Voter Registration Act of 1993 provides United States citizens the fundamental right to vote and requires state and local governments to promote the exercise of that right. (52 U.S.C. Sec 20501(a).) That Act prohibits denying a citizen the right to vote in any federal, state, local election, because of the citizen’s failure to comply with any test or device, which includes any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter. (52 U.S.C. Sec. 10501.)
Additionally, the Voting Accessibility for Elderly and Handicapped Act requires states to provide specified registration and voting aids for federal elections for handicapped and elderly individuals. (52 U.S.C. Secs. 20101, 20104.) Federal law also provides that any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice. (52 U.S.C. Sec. 10508.)
Last year, AB 1311 (Bradford, Chapter 591, Statutes of 2014) clarified the voting protections for conservatees. AB 1311 was a response to a complaint filed by the Disability and Abuse Project of Spectrum Institute with the Department of Justice’s Civil Rights Division against the Los Angeles Superior Court regarding that court’s application of existing state law which deems conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constituted a violation of the federal Voting Rights Act’s prohibition on use of a test or device as a prerequisite for voter registration.
This bill would supplement the conservatee voting protections clarified last year in AB 1311 by clarifying a conservatee’s right to vote and providing that a conservatee will not be disqualified from voting because, in order to complete an affidavit of voter registration, he or she needs reasonable accommodations.
This bill was heard by the Senate Elections and Constitutional Amendments Committee on April 21, 2015, and passed out on a vote of 4-1.
CHANGES TO EXISTING LAW
Existing federal law, the National Voter Registration Act of 1993, declares that the right of United States citizens to vote is a fundamental right, is the duty of the federal, state, and local governments to promote the exercise of that right; and discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for federal office and disproportionately harm voter participation by various groups. (52 U.S.C. Sec. 20501(a).)
Existing federal law prohibits denying a citizen the right to vote in any federal, state, local election, because of the citizen’s failure to comply with any test or device. The term “test or device” includes, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter. (52 U.S.C. Sec. 10501.)
Existing federal law, the Voting Accessibility for Elderly and Handicapped Act, declares the federal intent to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for federal elections, and requires states to provide specified registration and voting aids for federal elections for handicapped and elderly individuals. (52 U.S.C. Secs. 20101, 20104.)
Existing federal law provides that any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter's union. (52 U.S.C. Sec. 10508.)
Existing law, the California Constitution, requires the Legislature to prohibit improper practices that affect elections and to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. (Cal. Const., art. II, Sec. 4.)
Existing law requires a person, who desires to vote, to complete and submit, as specified, an affidavit of registration, and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrant’s precinct. (Elec. Code Sec. 2102.)
Existing law requires the affidavit of registration to show facts necessary to establish the affiant as an elector, requires the affidavit of registration to show specified information, including the affiant’s name and place of residence, and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiant’s name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit. (Elec. Code Sec. 2150.)
Existing law provides that a person shall be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing, as specified, an affidavit of voter registration. (Elec. Code Sec. 2208.)
Existing law, for specified conservatorship proceedings, during yearly or biennial reviews of the conservatorship, requires the court investigator to review the person’s capability of completing an affidavit of voter registration. If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator is required to determine if the person has become capable of completing the affidavit. Existing law provides that if the investigator finds that the person is capable of completing the affidavit, the court is required to hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person had not been found incapable of completing an affidavit of voter registration, and the court investigator determines that the person in no longer capable of completing the affidavit, the court is required to hold a hearing to determine whether the person is capable of completing the affidavit, and is required to disqualify the person from voting if the court determines that the person is not so able. (Elec. Code Sec. 2209.)
Existing law, if a conservatorship petition is filed by a person other than the proposed conservatee, requires the court clerk to issue a citation directed to the proposed conservatee setting forth the time and place of the hearing and the citation is required to include statement that, among other things, the proposed conservatee may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. (Prob. Code Sec. 1823.)
Existing law, when determining whether a conservatorship should be established, requires the court investigator to determine, among other things, whether the proposed conservatee is not capable of completing an affidavit of voter registration. (Prob. Code Sec. 1826.)
Existing law, prior to the establishment of a conservatorship, requires the court to inform the proposed conservatee, among other things, that the proposed conservatee may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. (Prob. Code Sec. 1828.)
Existing law, upon subsequent court review of a conservatorship, as specified, requires the court investigator to determine, among other things, whether the conservatee is not capable of completing an affidavit of voter registration. Existing law, if the court determines the conservatee is not capable of completing an affidavit of voter registration, requires the court to disqualify the conservatee from voting. Existing law prohibits the conservatee from being disqualified from voting because the conservatee would need to sign the affidavit with a mark, cross, or signature stamp, or completes the affidavit with the assistance of another person. (Prob. Code Secs. 1851, 1910.)
This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed.
This bill would authorize an individual with a disability who is under a conservatorship to register to vote if he or she has not been disqualified from voting.
This bill would provide that a person is presumed competent to vote regardless of his or her conservatorship status.
This bill, in order for a person to be deemed mentally incompetent and therefore disqualified from voting, would require a court or jury, as specified, to find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
This bill, 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, would require the court to forward the order and determination to the county elections official of the person’s county of residence.
This bill would prohibit a person from being disqualified from voting if the person would need to complete the affidavit of voter registration with reasonable accommodations.
This bill, for specified established conservatorships, would require the court investigator, during the yearly or biennial review of the conservatorship as required, to review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
This bill, if a conservatorship petition is filed by a person other than the proposed conservatee, would require the court clerk to issue a citation to the proposed conservatee that, among other things, the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
This bill, when determining whether a conservatorship should be established or upon subsequent conservatorship review, as specified, would require the court investigator to determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting, and prohibit the proposed conservatee from being disqualified from voting if he or she would need to complete the affidavit of voter registration with reasonable accommodations.
This bill, before the establishment of a conservatorship, would require the court to inform the proposed conservatee that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process.
This bill, if the court determines, upon a finding of clear and convincing evidence and after a noticed hearing, that the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, would require the court by order to disqualify the conservatee from voting. However, the bill would prohibit the disqualification if it is based on the conservatee needing to complete the affidavit of voter registration with reasonable accommodations.
This bill would also make technical, non-substantive changes.
This bill would provide legislative findings and declarations that federal disability nondiscrimination laws, including Title II of the federal American with Disabilities Act, entitle people with disabilities to reasonable accommodations, as needed, to participate in public activities such as voting, and that by explicitly adding the concept of reasonable accommodation to California laws on voter qualification, this bill brings the state into compliance with federal standards.
COMMENT
1. Stated need for the bill
The author writes:
Under current law, adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90 [percent] of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he/she are not able to sign a registration affidavit.
SB 589 will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This is the standard recommended by the American Bar Association and adopted in Nevada and Maryland. This crucial shift will improve the protections of these adults to maintain their voting rights in California.
2. California’s conservatorship system
In California, a conservatorship is a court action where a judge appoints a person (conservator) to care for another adult (conservatee). There are two basic types of conservatorships: probate conservatorships and Lanterman-Petris-Short (LPS) conservatorships. There are two types of probate conservatorships – general conservatorships for adults who cannot take care of themselves or their finances, and limited conservatorships for adults with developmental disabilities who cannot fully care for themselves or their finances but do not need the higher level of care or help that conservatees in general conservatorships require. Lanterman-Petris-Short (LPS) conservatorships are established for individuals who are gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The conservator who is appointed may be a family member, friend, professional fiduciary, or public guardian.
During the conservatorship process, the needs of the proposed conservatee are evaluated by the judge, a court investigator, and possibly a public guardian. After the conservatorship has been established, the court investigator and judge continue to monitor the conservatee and the actions of the conservator, who may be a public guardian or professional fiduciary, if not a relative or friend. Because the conservatee is at the mercy of the conservator appointed to manage the conservatee’s personal or financial matters, judicial oversight is necessary to make certain the conservatee is not being abused, defrauded, or unreasonably limited in his or her activities.
Although a conservatorship has been established pursuant to a finding that the conservatee needs personal or financial assistance, the conservatee’s ability to register to vote may or may not be impaired. According to the author, a recent study found that California courts have routinely failed to adequately determine the conservatee’s abilities to register and vote in federal, state, and local elections. Last year, AB 1311 (Bradford, Chapter 591, Statutes of 2014) clarified that a conservatee may not be disqualified from voting on the basis that the conservatee signs the affidavit of voter registration with a mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of voter registration with the assistance of another person. This seeks to build upon AB 1311 by further clarifying conservatee voting rights.
3. Providing conservatees reasonable accommodations for voter registration
National Voter Registration Act of 1993 (VRA), declares that the right of United States citizens to vote is a fundamental right. The Voting Accessibility for Elderly and Handicapped Act requires states to provide specified registration and voting aids for federal elections for handicapped and elderly individuals in order to promote that fundamental right and improve access for handicapped and elderly individuals to registration facilities and polling places for federal elections. The VRA provides that any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice.
In California, a conservatee may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. Although AB 1311 clarified that a conservatee may not be disqualified on the basis of how he or she signs an affidavit for registration, California law does not otherwise provide guidance on the conservatee’s need for any other accommodation for voter registration.
The author argues that “[u]nder federal disability nondiscrimination laws[,] people with disabilities are entitled to reasonable accommodations as needed to participate in public activities such as voting. While a recent law listed some types of accommodations available to adults under conservatorship to complete a voter registration form, SB 589 would conform California law to federal law by stating that people with disabilities are entitled to reasonable accommodations. This change will help protect the voting rights of adults with developmental disabilities who often fall through the cracks in our democracy.” Further, The Arc and United Cerebral Palsy California Collaboration, in support, asserts that SB 589 “corrects an egregious practice of denying voting registration to people with disabilities who simply need assistance in filling out the forms.”
This bill would advance the fundamental voting rights of a conservatee in two ways. First, this bill would acknowledge the importance of this fundamental right by establishing the presumption that a person is competent to vote regardless of his or her conservatorship status. This presumption was suggested by the American Bar Association (ABA) in its 2007 Report to the House of Delegates “to promote the democratic process to the fullest extent possible.” (Commission on Law and Aging Standing Committee on Election Law and Commission on Mental and Physical Disability Law, Report to the House of Delegates, American Bar Assoc. (Aug. 13, 2007), p. 10.) In support of this recommendation, the ABA argues that “no governmental entity should exclude any otherwise qualified person from voting on the basis of medical diagnosis, disability status, or type of residence.” (Id.) Second, this bill would protect fundamental voting rights by revising the reasons for denying a conservatee the right to vote. This bill would remove the ability to disqualify a person from voting because the person is not capable of completing an affidavit of voter registration, and, instead, require a court to find that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This new basis for denying voting rights shifts the focus to a person’s incapacity to vote, rather than the existing basis of the physical inability to vote.
Although the ABA does not provide a definition of what reasonable accommodations for voting purposes means, presumably, the reasonable accommodation may include receiving assistance reading the voter registration instructions, filling out the affidavit for registration, and reading and completing a voting ballot.
4. Clear and convincing standard for disqualifying conservatee from voting
Existing law provides due process procedures for disqualifying a conservatee from voting, including interviews of the conservatee by a court investigator, notice of the potential to lose the right to vote during a conservatorships hearing, and an opportunity for the conservatee to participate in a hearing to determine, among other things, whether the conservatee should be disqualified from voting. This bill would further support a conservatee’s fundamental right to vote by establishing a high standard, clear and convincing evidence, to be found by a court in order to disqualify the conservatee from voting. Clear and convincing evidence means that the evidence presented to the court must be highly and substantially more probable to be true than not and the court must have a firm belief or conviction in its factuality. This standard of proof requires a higher degree of proof than the common standard of proof in civil actions, which only requires that the facts as a threshold be more likely than not to prove the issue for which they are asserted.
The American Civil Liberties Union of California (ACLU), sponsor, argues that “[t]he current process for assessing whether disabled conservatees keep their right to vote is inadequate, does not comply with federal law, and places disabled individuals at risk of being disenfranchised without the due process protections we would expect with a fundamental right at stake. California probate courts have typically made a pro forma judicial finding that an individual is unable to complete a voter registration affidavit. A conservatee can be disqualified from voting without any specific finding regarding competency to vote, and without consideration of reasonable accommodations that would enable the conservatee to complete the voter registration affidavit.” Arguably, by establishing a clear and convincing standard, this bill will reduce the likelihood that conservatees will lose their right to vote.
It is important to note that this bill also requires court investigators to find clear and convincing evidence of the conservatee’s inability to communicate regarding voting rights and provide that evidence to the court. Current law requires a court investigator to determine whether the proposed conservatee is capable of completing an affidavit of voter registration. However, SB 78 (Committee on Budget and Fiscal Review, Chapter 10, Statutes of 2011) suspended certain superior court duties imposed since the 2006 Omnibus Act until the Legislature makes an appropriation for this purpose. Accordingly, the additional court investigator duties required by this bill may not be performed absent an appropriation.
Support: AIDS Legal Referral Panel; Association of Regional Center Agencies; Autistic Self Advocacy Network of Los Angeles; California Advocates for Nursing Home Reform; Cal-TASH; Disability Rights Advocates; Disability Rights California; Spectrum Institute, Disability and Guardianship Project; Shasta County Clerk and Registrar of Voters; The Arc and United Cerebral Palsy California Collaboration
Opposition: None Known
HISTORY
Source: American Civil Liberties Union of California
Related Pending Legislation: AB 1536 (Assembly Committee on Elections and Redistricting, 2015) would update voter registration and election requirements to provide current cross-references to the National Voter Registration Act of 1993 and make other technical, non-substantive changes. AB 1536 has been set for hearing in the Assembly Elections and Redistricting Committee on May 13, 2015.
Prior Legislation: AB 1311 (Bradford, Chapter 591, Statutes of 2014) See Background; Comment 2.
Prior Vote: Senate Elections and Constitutional Amendments Committee (Ayes 4, Noes 1)
**************
SB 589 (Block) Page 4 of 4
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: SB 589 Hearing Date: 4/21/15
Author: |
Block |
||
Version: |
4/6/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Darren Chesin |
||
Subject: Voting: voter registration: individuals with disabilities and conservatees
DIGEST
This bill authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed and requires that a person be presumed mentally competent to vote, regardless of his or her conservatorship status, if the court finds that the person can communicate, with or without reasonable accommodations, a desire to participate in the voting process.
ANALYSIS
Existing law:
Permits prospective voters to receive assistance from another person when completing an affidavit of registration. If any person assists the affiant in completing the affidavit, that person must sign and date the affidavit below the signature of the affiant.
Requires an affiant to certify the content of the affidavit of voter registration as to its truth and correctness, under penalty of perjury, with a signature and the date of signing. If the affiant is unable to write he or she may instead sign with a mark or cross or use a signature stamp, as specified.
Provides, pursuant to the federal Voting Rights Act (42 U.S.C. 1973aa) that no citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local election conducted in any State or political subdivision of a State. The term “test or device” includes, among other things, any requirement that a person demonstrate the ability to read, write, understand, or interpret any matter.
Provides, pursuant to the California Constitution, that the Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Regulates the terms and conditions of conservatorships and creates various requirements for a court and a court investigator with regard to informing a proposed conservatee that he or she may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration. If a court finds that a person is not capable of completing an affidavit of voter registration, as specified, existing law provides that the person shall be deemed mentally incompetent and disqualified from voting.
Prohibits a person, including a conservatee, from being disqualified from voting on the basis that the person signs the affidavit of voter registration with a mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of voter registration with the assistance of another person.
Provides that in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting.
If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the person’s county of residence.
Provides that during the yearly or biennial review of certain conservatorships, the court investigator must review the person’s capability of completing an affidavit of voter registration and, if the conservatee’s capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.
This bill:
Authorizes an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed.
Authorizes an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting.
Finds and declares that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.
Requires that a person be presumed competent to vote, regardless of his or her conservatorship status but requires that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.
Provides that in certain conservatorship proceedings heard by a jury, the jury must unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting.
Requires the court investigator, during the yearly or biennial review of certain conservatorships, to review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatee’s capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.
Requires the court clerk’s citation to the proposed conservatee to include a statement describing the aforementioned provisions.
BACKGROUND
Voting Rights of Conservatees. In California, if an adult is unable to manage his or her medical and personal decisions, a conservator of the person may be appointed. While a conservator of the person has charge of the care, custody and control of the conservatee, that power is not absolute. According to a form adopted by the Judicial Council entitled Notice of Conservatee's Rights, when a person becomes a conservatee, he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life. After appointment of a conservator, the conservatee keeps specified rights including the right to vote unless the court has limited or taken that right away.
Last year the Disability and Abuse Project of Spectrum Institute filed a formal complaint with the United States Department of Justice's Civil Rights Division against the Los Angeles Superior Court regarding their application of existing state law deeming conservatees ineligible to register to vote if they are not capable of completing an affidavit of voter registration. The complaint asserted that this practice constitutes a violation of the federal Voting Rights Act’s prohibition on use of a test or device as a prerequisite for voter registration.
That
complaint was the impetus for AB 1311 (Bradford), Ch. 591 Statutes of
2014, which prohibited a person, including a conservatee, from being
disqualified from voting on the basis that he or she signs the
affidavit of voter registration with mark or a cross, signs the
affidavit of voter registration with a signature stamp, or completes
the affidavit of registration with the assistance of another person.
COMMENTS
According to the author: Under current law, adults with developmental disabilities under conservatorships are routinely being disenfranchised at extremely high levels. A review of 61 conservatorship cases involving adults with developmental disabilities in Los Angeles County found that close to 90% of conservatees in those cases had been disqualified from voting due to their actual or perceived inability to complete the voter registration affidavit. Furthermore, this review found that probate attorneys are being trained to disqualify adults under conservatorships from voting when he/she are not able to sign a registration affidavit.
SB 589 will allow disabled individuals under conservatorship to retain their right to vote unless it is shown by clear and convincing evidence that the individual cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. This is the standard recommended by the American Bar Association and adopted in Nevada and Maryland. This crucial shift will improve the protections of these adults to maintain their voting rights in California.
Under federal disability nondiscrimination laws people with disabilities are entitled to reasonable accommodations as needed to participate in public activities such as voting. While a recent law listed some types of accommodations available to adults under conservatorships to complete a voter registration form, SB 589 would conform California law to federal law by stating that people with disabilities are entitled to reasonable accommodations. This change will help protect the voting rights of adults with developmental disabilities who often fall through the cracks in our democracy.
Protecting the rights of adults with developmental disabilities is critical in maintaining and encouraging an inclusive and diverse electorate. If an adult under conservatorship can convey their desire to engage in the elections system, we should do everything in our power to ensure that they keep their voting rights. SB 589 will be a significant step forward in ensuring that adults under conservatorships don’t slip through the cracks in our democracy.
Possible Double Referral. If this bill is approved by this committee it needs to be returned to the Senate Rules Committee for consideration of a re-referral request from the Senate Judiciary Committee.
RELATED/PRIOR LEGISLATION
AB 1311 (Bradford), Ch. 591 Statutes of 2014 (see discussion in the BACKGROUND section, above).
POSITIONS
Sponsor: American Civil Liberties Union
Support: AIDS Legal Referral Panel
Association of Regional Center Agencies
California Association of Clerks and Elections Officials
Cal-TASH
Disability Rights California
Spectrum Institute
The Arc and United Cerebral Palsy California Collaboration
Oppose: None received
-- END –
Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
54SEC
Assembly Floor
4MIN
Assembly Standing Committee on Appropriations
12MIN
Assembly Standing Committee on Judiciary
6MIN
Assembly Standing Committee on Elections and Redistricting
5MIN
Senate Floor
Bill Author
Bill Co-Author(s):
