Bills

SB 1131: Address confidentiality: public entity employees and contractors.

Session Year: 2021-2022
House: Senate
Latest Version Date: 2022-09-26

Version:

(1)Existing law authorizes reproductive health care service providers, employees, volunteers, and patients to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Existing law requires an applicant seeking address confidentiality under this program due to their affiliation with a reproductive health care services facility to provide a certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would authorize an applicant seeking address confidentiality under this program to submit a certified statement by the employee, patient, or volunteer for a reproductive health care services facility that they have been the target of threats, harassment, or acts of violence, or a workplace violence restraining order issued because of threats or acts of violence connected with a reproductive health care services facility, as specified, instead of a certified statement from a representative of the reproductive health care services facility.

This bill would also expand the address confidentiality program to include other individuals who face threats of violence or violence or harassment from the public because of their work for a public entity. The bill would require an individual seeking to make their address confidential under these provisions to complete the application in person at a community-based assistance program designated by the Secretary of State. The bill would require the application process to include a requirement that the applicant meet with a counselor and receive orientation information about the program. By imposing new duties on local public officials and expanding the scope of a crime, this bill would create a state-mandated local program.

(2)Existing law permits an individual to seek confidential voter status and have their residence address, telephone number, and email address declared confidential upon presentation of certification that the person is a participant in among other programs, the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program.

This bill would include individuals who work for a public entity and who participate in the expanded address confidentiality program described above within the category of people eligible for confidential voter status.

(3)Existing law requires an election official to post a list of all polling places and precinct board members at specified times before an election. Existing law requires this list to be posted at the elections officials office and on their official website. Existing law requires an election official to include the political party affiliation for each listed precinct board member.

This bill would eliminate the requirement to post the names of the precinct board members, but would still require the election official to post the political party preference for all precinct board members, as specified.

(4)Existing law requires a county elections official, upon application of a public safety officer and if authorized by the county board of supervisors, to make confidential an officers residence address, telephone number, and email address appearing on the affidavit of registration, as specified. Under existing law, an application for confidential voter status is required to contain a statement, signed under penalty of perjury, that the person is a public safety officer and that a life-threatening circumstance exists to the officer or a member of the officers family, as specified.

This bill would create a similar program for qualified workers, as defined, that includes a requirement to submit an application, signed under penalty of perjury, that they are a qualified worker and that a life-threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program. The bill would require the Secretary of State to submit an annual report to the Legislature that includes the total number of applications received for the program, the number of program participants within each county, and any allegations of misuse of the program relating to election purposes, as specified.

(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.

(6)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(7)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill would make legislative findings to that effect.

(7)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill would make legislative findings to that effect.

(7)This bill would declare that it is to take effect immediately as an urgency statute.

(1)Existing law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under existing law, when the Secretary of State certifies the person as a program participant, the persons actual address is confidential. Under the program, any person who makes a false statement in an application is guilty of a misdemeanor. This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. The bill would require the Secretary of State to submit to the Legislature an annual report that includes the total number of applications received for the program, the number of program participants within each county, and any allegations of misuse of the program relating to election purposes, as specified. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program. (2)Existing law authorizes an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person to apply to the Secretary of State to enroll in the Safe at Home program if the applicant, or minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for their health or safety, or their families health or safety because of their affiliation with a reproductive health care services facility. Existing law requires, as part of the application, a certified statement that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application.This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.(3)

(2)Existing law permits an individual to seek confidential voter status and have their residence address, telephone number, and email address declared confidential upon presentation of certification that the person is a participant in the Safe at Home program. among other programs, the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program.

This bill would include election worker program participants under the Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status. include individuals who work for a public entity and who participate in the expanded address confidentiality program described above within the category of people eligible for confidential voter status.

(4)

(5)

This bill would create a similar program for specified elections workers qualified workers, as defined, that includes a requirement to submit an application, signed under penalty of perjury, that they are an elections a qualified worker and that a life-threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program. The bill would require the Secretary of State to submit an annual report to the Legislature that includes the total number of applications received for the program, the number of program participants within each county, and any allegations of misuse of the program relating to election purposes, as specified.

(6)

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

(7)

This bill would make legislative findings to that effect.

(8)

(7)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. The bill would require the Secretary of State to submit to the Legislature an annual report that includes the total number of applications received for the program, the number of program participants within each county, and any allegations of misuse of the program relating to election purposes, as specified. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

(2)Existing law authorizes an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person to apply to the Secretary of State to enroll in the Safe at Home program if the applicant, or minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for their health or safety, or their families health or safety because of their affiliation with a reproductive health care services facility. Existing law requires, as part of the application, a certified statement that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application.

This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.

(3)Existing law permits an individual to seek confidential voter status and have their residence address, telephone number, and email address declared confidential upon presentation of certification that the person is a participant in the Safe at Home program.

This bill would include election worker program participants under the Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status.

(4)Existing law requires an election official to post a list of all polling places and precinct board members at specified times before an election. Existing law requires this list to be posted at the elections officials office and on their official website. Existing law requires an election official to include the political party affiliation for each listed precinct board member.

This bill would eliminate the requirement to post the names of the precinct board members, but would still require the election official to post the political party affiliation preference for all precinct board members, as specified.

(5)Existing law requires a county elections official, upon application of a public safety officer and if authorized by the county board of supervisors, to make confidential an officers residence address, telephone number, and email address appearing on the affidavit of registration, as specified. Under existing law, an application for confidential voter status is required to contain a statement, signed under penalty of perjury, that the person is a public safety officer and that a life-threatening circumstance exists to the officer or a member of the officers family, as specified.

This bill would create a similar program for elections workers, as defined, specified elections workers that includes a requirement for elections workers to submit an application, signed under penalty of perjury, that they are an elections worker and that a life-threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program. The bill would require the Secretary of State to submit an annual report to the Legislature that includes the total number of applications received for the program, the number of program participants within each county, and any allegations of misuse of the program relating to election purposes, as specified.

(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.

(7)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(8)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

(2)Existing law authorizes an adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person to apply to the Secretary of State to have a minor or incapacitated person enrolled enroll in the Safe at Home program if the applicant, or minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for their health or safety, or their families health or safety because of their affiliation with a reproductive health care services facility. Existing law requires, as part of the application, a certified statement that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application.

This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.

This bill would include election worker program participants under the Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status.

This bill would eliminate the requirement to post the names of the precinct board members, but would still require the election official to post the political party affiliation for all precinct board members, as specified.

This bill would create a similar program for elections workers, as defined, that includes a requirement for elections workers to submit an application, signed under penalty of perjury, that they are an elections worker and that a life-threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill would make legislative findings to that effect.

(8)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

(2)Existing law authorizes a parent or guardian to apply to the Secretary of State to have a minor or incapacitated person enrolled in the Safe at Home program if the minor or incapacitated person is a reproductive health care service provider, employee, or volunteer who is fearful for their health or safety, or their families health or safety because of their affiliation with a reproductive health care services facility. Existing law requires, as part of the application, a certified statement that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application.

This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.

This bill would include election worker program participants under the Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status.

(5)Existing law requires a county elections official, upon application of a public safety officer and if authorized by the county board of supervisors, to make confidential an officers residence address, telephone number, and email address appearing on the affidavit of registration, as specified. Under existing law, an application for confidential voter status is required to contain a statement, signed under penalty of perjury, that the person is a public safety officer and that a life threatening life-threatening circumstance exists to the officer or a member of the officers family, as specified.

This bill would create a similar program for elections workers, as defined, that includes a requirement for elections workers to submit an application, signed under penalty of perjury, that they are an elections worker and that a life threatening life-threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill would make legislative findings to that effect.

(8)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.

This bill would include election worker program participants under the Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status.

(5)Existing law requires a county elections official, upon application of a public safety officer and if authorized by the county board of supervisors, to make confidential an officers residence address, telephone number, and email address appearing on the affidavit of registration, as specified. Under existing law, an application for confidential voter status is required to contain a statement, signed under penalty of perjury, that the person is a public safety officer and that a life threatening circumstance exists to the officer or a member of the officers family, as specified.

This bill would create a similar program for elections workers, as defined, that includes a requirement for elections workers to submit an application, signed under penalty of perjury, that they are an elections worker and that a life threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

This bill would make legislative findings to that effect.

(8)This bill would declare that it is to take effect immediately as an urgency statute.

(1)Existing law requires an election official to post a list of all polling places and precinct board members at specified times before an election. Existing law requires this list to be posted at the elections officials office and on their official website. Existing law requires an election official to include the political party affiliation for each listed precinct board member. This bill would eliminate the requirement to post the names of the precinct board members, but would still require the election official to post the political party affiliation for all precinct board members, as specified.(2)

This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. The bill would establish the Address Confidentiality for Elections Workers Fund in the General Fund and, upon appropriation by the Legislature, make moneys in the fund available for administration of the program. The bill would permit a program participant to request that state and local agencies use the address designated by the Secretary of State as their address. By imposing new duties on local public officials and creating a new crime, this bill would create a state-mandated local program.

This bill would additionally include harassment, as defined, of a facility or any of its providers, employees, volunteers, or patients, as a basis for an application in the Safe at Home program.

Existing law permits any registration or drivers license record to be suppressed from any other person, except as specified, if the person is issued a Safe at Home program participant certificate or identification card by the Secretary of State. Existing law further designates the address of certain persons in a Department of Motor Vehicles record as confidential if requested by the person, except as specified. A willful violation of these provisions is a crime.

This bill would include election worker program participants under the Secretary of State confidentiality Address Confidentiality for Election Workers program within the category of people eligible for confidential voter status. The bill would make such program participants eligible for registration or drivers license record suppression pursuant to these provisions. The bill would include election worker address within the provision designating the address of certain persons in a Department of Motor Vehicles record as confidential if requested by the person. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(5)Existing law requires a county elections official, upon application of a public safety officer and if authorized by the county board of supervisors, to make confidential an officers residence address, telephone number, and email address appearing on the affidavit of registration, as specified. Under existing law, an application for confidential voter status is required to contain a statement, signed under penalty of perjury, that the person is a public safety officer and that a life threatening circumstance exists to the officer or a member of the officers family, as specified.

This bill would create a similar program for elections workers, as defined, that includes a requirement for elections workers to submit an application, signed under penalty of perjury, that they are an elections worker and that a life threatening circumstance exists to the worker or members of the workers family. By creating a new crime, this bill would create a state-mandated local program.

(4)

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

(5)

This bill would make legislative findings to that effect.

(8)This bill would declare that it is to take effect immediately as an urgency statute.

(2)Existing law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under existing law, when the Secretary of State certifies the person as a program participant, the persons actual address is confidential. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would include election worker program participants under the Secretary of State confidentiality program within the category of people eligible for confidential voter status. The bill would make such program participants eligible for registration or drivers license record suppression pursuant to these provisions. The bill would include election worker address within the provision designating the address of certain persons in a Department of Motor Vehicles record as confidential if requested by the person. By expanding the scope of a crime, this bill would impose a state-mandated local program.

(4)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.

(5)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 2166.5 of the Elections Code is amended to read:2166.5.

(a)Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to their residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity program pursuant to Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code.

(b)Any person granted confidential voter status under subdivision (a) shall:

(1)Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of their residence address, telephone number, and email address in the roster of voters.

(2)The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.

(c)An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.

(d)Subdivisions (a) and (b) do not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participants certification.

SEC. 2.Section 2166.8 is added to the Elections Code, to read:2166.8.

(a)A county elections official shall, upon application of a qualified worker, make confidential that workers residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.

(b)The application by the qualified worker shall contain a statement, signed under penalty of perjury, that the person is a qualified worker as defined in subdivision (f) and that a life-threatening circumstance exists as to the qualified worker or a member of the workers family. The application shall be a public record.

(c)The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.

(d)The following apply to a person granted confidential voter status under subdivision (a):

(1)The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.

(2)The person shall, within 60 days of moving to a new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:

(A)Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.

(B)Honor the confidential voter status from the former county for 60-days from the date of notice.

(C)Pursuant to paragraph (1), exclude the confidential voter in any list, roster, or index during the 60-day period.

(D)Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.

(e)An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section except by a showing of gross negligence or willfulness.

(f)Qualified worker means a person who is employed by or contracts with the Secretary of State or a local election office who performs election-related work and interacts with the public or is observed by the public doing election-related work, but does not include a person who is a precinct board member who does not otherwise perform election-related work. For the purposes of this section, a qualified worker is not limited to those who exclusively perform direct election-related work for the Secretary of State or local election offices.

(g)The Secretary of State shall submit to the Legislature, pursuant to Section 9795 of the Government Code, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this section. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes.

SEC. 3.Section 12105.5 of the Elections Code is amended to read:12105.5.

(a)Not less than one week before the election, the elections official shall post a list of all current polling places in each precinct and a list of political party preference of precinct board members appointed by the 15th day before the election. This list shall not include the names of the precinct board members. Not later than 28 days after the election, the elections official shall post an updated list of the political party preferences of precinct board members who actually served on election day. The election official shall post these lists in their office and on their official website, if any.

(b)In each jurisdiction in which the election official determines that the public interest, convenience, and necessity requires the local posting of polling places, the elections official shall divide and distribute the lists for posting in any city clerks office within the jurisdiction having the election.

(c)Each list required by this section shall remain posted for 30 days after completion of the canvass, shall then be archived by the elections official, and shall remain available for public inspection as long as election materials are required to be retained. Copies shall be made available upon request for a price not to exceed the cost of reproduction and mailing.

(d)This section does not apply to elections conducted using vote centers.

SEC. 4.Section 12108 of the Elections Code is amended to read:12108.

(a)The elections official shall ascertain the name of the political party, if any, for which each precinct board member has expressed a preference, as shown in the affidavit of registration of that person. The elections official shall post a list of the board members party preference or an abbreviation of the name of each precinct board member. The list required under this section shall not include the names of the precinct board members. If a precinct board member has not expressed a preference for a political party, the word None shall be printed in place of the party name.

(b)This section does not apply to elections conducted using vote centers.

SEC. 5.The heading of Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code is amended to read:3.2.Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public EntitySEC. 6.Section 6215 of the Government Code is amended to read:6215.

The Legislature finds and declares the following:

(a)Persons working in the reproductive health care field, specifically the provision of terminating a pregnancy, are often subject to harassment, threats, and acts of violence by persons or groups.

(1)In 2000, 30 percent of respondents to a Senate Office of Research survey of 172 California reproductive health care providers reported they or their families had been targets of acts of violence by groups that oppose reproductive rights at locations away from their clinics or offices.

(2)Persons and groups that oppose reproductive rights attempt to stop the provision of legal reproductive health care services by threatening reproductive health care service providers, clinics, employees, volunteers, and patients. The names, photographs, spouses names, and home addresses of these providers, employees, volunteers, and patients have been posted on Internet Web sites. From one website list that includes personal information of reproductive health care service providers, seven persons have been murdered and 14 have been injured. As of August 5, 2002, there are 78 Californians listed on this site. The threat of violence toward reproductive health care service providers and those who assist them has clearly extended beyond the clinic and into the home.

(3)Nationally, between 1992 and 1996, the number of reproductive health care service providers declined by 14 percent. Nearly one out of every four women must travel more than 50 miles to obtain reproductive health care services dealing with the termination of a pregnancy. There exists a fear on the part of physicians to enter the reproductive health care field and to provide reproductive health care services.

(4)Reproductive health care services are legal medical procedures. In order to prevent potential acts of violence from being committed against providers, employees, and volunteers who assist in the provision of reproductive health care services and the patients seeking those services, it is necessary for the Legislature to ensure that the home address information of these individuals is kept confidential.

(b)Other individuals are also subject to harassment, threats, and acts of violence from the public because of their work with the public, which have become more frequent and serious since the start of the COVID-19 pandemic. They include, but are not limited to, public health officers and public health workers, election workers, school board members, and code enforcement officers.

(1)For example, persons working in the elections field are often subject to harassment, threats, and acts of violence by persons or groups. Violent threats and harassment of election workers reached alarming levels in the 2020 general election and continued into 2021. A survey of election officials in 2021 found that one in three election officials feel unsafe because of their job, and nearly one in five listed threats to their lives as a job-related concern.

(2)The names, photographs, and home addresses of these public servants have been posted on internet websites. While performing election-related duties, election officials were subjected to explicit death threats, anger-laden language and demoralizing behavior, statements that threatened their own and their familys safety and well-being, and statements that interfered with their ability to do their job. The threat of violence toward election workers has extended beyond the polling place and into the home.

(3)Experts predict a massive departure from the profession of election administration if protective measures are not implemented. In California, 15 percent of election officials have retired since the 2020 election. Elections play a vital role in a free and fair society and are a cornerstone of American democracy, but those charged with administrating elections are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against employees who assist in the administration of elections, it is necessary for the Legislature to ensure that the home addresses of these individuals are kept confidential.

(4)While many of these individuals wish to protect the confidentiality of their home addresses by means of address confidentiality programs operated by the Secretary of State, they may not be eligible to do so under current law. It is the intent of the Legislature in this chapter to offer address protection services to persons whose work for a public entity exposes them to violent threats, harassment, and intimidation from the public that are equivalent to what is experienced by those now eligible for the address confidentiality program pursuant to this chapter.

(c)The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the residential location of a reproductive health care services provider, employee, volunteer, or patient, or other individual who faces threats of violence or violence from the public because of their work for a public entity, to enable interagency cooperation with the Secretary of State in providing address confidentiality for program participants, and to enable state and local agencies to accept a program participants use of an address designated by the Secretary of State as a substitute mailing address.

SEC. 7.Section 6215.2 of the Government Code is amended to read:6215.2.

(a)An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the persons address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:

(1)If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for their safety or the safety of their family because of their affiliation with a reproductive health care services facility, the application shall be accompanied by all of the following:

(A)Documentation showing that the individual is to commence employment or is currently employed as a provider or employee at a reproductive health care services facility or is volunteering at a reproductive health care services facility.

(B)One of the following:

(i)A certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats, harassment, or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor.

(ii)A certified statement signed by the employee or patient of, or volunteer for, the reproductive health care services facility stating that they have been the target of threats, harassment, or acts of violence within one year of the date of the application because of their association with the reproductive health care services facility. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.

(iii)A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence to the applicant or the minor or incapacitated person on whose behalf the application is made and connected with the reproductive health care services facility.

(C)A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made due to their affiliation with the reproductive health care services facility authorized to provide the declaration described in subparagraph (B).

(2)If the applicant alleges that the basis for the application is that the applicant is a reproductive health care services facility volunteer, the application shall, in addition to the documents specified in paragraph (1), be accompanied by reproductive health care services facility documentation showing the length of time the volunteer has committed to working at the facility.

(3)If the applicant alleges that the basis of the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a person who is or has been the target of threats or acts of violence because the applicant is obtaining or seeking to obtain services at a reproductive health care services facility within one year of the date of the application, the application shall be accompanied by the following:

(A)A sworn statement that the applicant has good reason to fear for their safety or the safety of their family.

(B)Any police, court, or other government agency records or files that show any complaints of the alleged threats or acts of violence.

(4)A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.

(A)Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.

(B)If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of States having received it.

(C)The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of States action.

(D)The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.

(5)The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.

(6)The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of threats or acts of violence or harassment toward the applicant.

(7)The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b)An application may be submitted on the basis that a person is employed by or performs work pursuant to a contract with a public entity and faces threats of violence or violence or harassment from the public because of their work for the public entity. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the persons address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:

(1)If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made is employed by a public entity or performs work pursuant to a contract with a public entity and faces threats of violence or violence or harassment from the public because of their work for the public entity and is fearful for their safety or the safety of their family because of their work for the public entity, the application shall be accompanied by all of the following:

(A)Documentation showing that the individual is to commence employment or is currently employed by a public entity or performs work pursuant to a contract with a public entity in an occupation where workers have faced threats of violence or violence or harassment from the public because of their work for the public entity.

(B)One of the following:

(i)A certified statement signed by a person affiliated with the applicants place of work or employment who has personal knowledge of the circumstances at the place of work or employment, stating that workers or employees have been the target of threats or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.

(ii)A certified statement signed by the worker or employee, stating that they have been the target of threats or acts of violence or harassment within one year of the date of the application because of their work for a public entity. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.

(iii)A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence connected with the applicants work for a public entity or the minor or incapacitated person on whose behalf the application is made.

(2)A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.

(3)The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.

(4)The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence or harassment toward the applicant.

(5)The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.

(c)Applications shall be filed with the office of the Secretary of State.

(d)Submitted applications shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter. No applicant who is a patient of a reproductive health care services facility shall be required to pay an application fee or the annual fee under this program.

(e)The Address Confidentiality for Reproductive Health Care Services Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter.

(f)Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants, with the exception of reproductive health care services facilities volunteers, shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. Reproductive health care services facility volunteers shall be certified until six months from the last date of volunteering with the facility. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State.

(g)A person who falsely attests in an application that disclosure of the applicants address would endanger the applicants safety or the safety of the applicants family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision.

(h)For purposes of this section:

(1)Harassment is repeated, unreasonable, and unwelcome conduct directed at a targeted individual that would cause a reasonable person to fear for their own safety or the safety of a household member. Harassing conduct may include, but is not limited to, following, stalking, phone calls, or written correspondence.

(2)Public entity means a federal, state, or local government agency.

(3)Work for a public entity means work performed by an employee of a public entity, or work performed for a public entity by a person pursuant to a contract with the public entity.

SEC. 8.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 9.

The Legislature finds and declares that this act imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

Individuals who work for public entities are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against persons who work for public entities, it is necessary for the Legislature to ensure that the home addresses of these individuals are kept confidential.

SEC. 10.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure the safety of Californians who work for public entities due to the risk of violence, threats, and harassment from the public, it is necessary for this act to take effect immediately.